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Under the Employment Standards Act, 2000 (ESA), employers can need an employee to provide evidence affordable in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not require staff members to provide a certificate from a competent health professional (a medical note). A "certified health practitioner" is an individual who is certified to practice as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the staff member.

ESA optimum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where a person is thought to have actually dedicated an offence under the ESA. If convicted, a person might be based on a fine or a regard to imprisonment or both.

As of October 28, 2024, the maximum fine for individuals founded guilty of contravening the ESA has increased to $100,000 (up from $50,000).

Definition of employee

The Employment Standards Act (ESA) defines a staff member to include an individual who:

- carries out work for an employer for earnings

- materials services to a company for earnings

- receives training from an employer, if the ability they're being trained on is an ability used by the employer's staff members

- is a homeworker

- was an employee


On March 21, 2024, the meaning of "training" was broadened to consist of work performed throughout a trial period. A worker now includes a person who carries out work during a trial duration for a company, if the abilities being examined throughout the trial duration are abilities used by the company's staff members or could be utilized by workers if there are no other employees. This suggests the hours worked throughout the trial duration should be counted as work time. Find out more about what counts as work time.

Deductions from salaries

The ESA prohibits companies from making reductions from wages when the company had a cash scarcity, lost property or had residential or commercial property taken and an individual other than the staff member had access to the money or residential or commercial property.

On March 21, 2024, the ESA was modified to validate that this includes deductions from earnings in "dine and rush", "gas and dash" and other similar situations.

Payment of earnings - direct deposit

The ESA needs companies to pay salaries by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account must be in the employee's name and no one aside from the staff member can have access to the account, unless the staff member has actually licensed it.

Effective June 21, 2024, an additional requirement will remain in location if the employer desires to pay salaries by direct deposit: the account needs to be picked by the staff member. This implies the employee must decide which account to utilize and the employer can not restrict a worker's section by, for instance, requiring the employee to utilize an account at a particular monetary organization.

For payments that are to be made after June 20, 2024, a worker has the right to pick the account where their salaries are to be transferred. If a company formerly limited a staff member's account choice - for employment instance, by requiring them to use an account at a particular monetary institution - it is the company's obligation to confirm the employee's selection of their desired account before they make the next payment after June 20, 2024. An employee can likewise alert their company that they want their earnings transferred to a various account and, when that occurs, the employer must make the change.

Vacation pay arrangements

The ESA permits an employer to pay vacation pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, however only with the contract of the worker. Discover more about when to pay holiday pay.

Effective June 21, 2024, the ESA is changed to clarify that the employee should make an agreement with the company in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This verifies that such arrangements can not be spoken and need to be made in composing (including digitally), consistent with how the ministry imposes the ESA.

Tips or other gratuities - techniques of payment

Beginning June 21, 2024, companies will be needed to pay tips or other gratuities by either:

- money

- cheque

- direct deposit


If payment is by cash or cheque, the staff member must be paid the ideas or other gratuities at the work environment or at some other place accepted electronically or employment in writing by the worker.

If payment is made by direct deposit, the account needs to be picked by the worker and be in the staff member's name. Nobody aside from the worker can have access to the account, unless the worker has licensed it.

The requirement that the worker select the account implies the worker must choose which account to utilize, and the employer can not restrict a worker's choice by, for example, requiring the staff member to utilize an account at a particular financial institution.

For payments that are to be made after June 20, 2024, an employee has the right to select the account where their ideas are to be deposited. If an employer formerly limited a staff member's account choice - for example, by requiring them to use an account at a particular banks - it is the company's obligation to verify the staff member's choice of their desired account before they make the next payment after June 20, employment 2024. A worker can also inform their company that they desire their pointers deposited to a different account and, when that takes place, the company must make the change.

Tips sharing policy

The ESA allows employers, in addition to directors and shareholders of a company, to share in pointers, if defined requirements are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director employment or investor of the employer, sharing in an idea pool, the employer will be needed to post a copy of that policy in a plainly noticeable place in the office where it is most likely to come to the attention of staff members.

The requirement to post a policy does not need a company to establish a policy. It uses if a company has a written policy in location or if a company has an established practice of sharing in an idea swimming pool that is consistently applied (even if it's not made a note of). If the company has an unwritten however recognized, consistently-applied practice in location, the employer needs to put the policy in composing and post a copy of the policy.

The ESA does not define the information that must appear in the policy, as long as the posted document is a real copy of the policy that remains in location and employment plainly mentions that the company or a director or shareholder of the employer shares in the pointer pool.

Effective, June 21, 2024, employers will likewise be required to keep a copy of every ideas sharing policy that is required to be published for three years after the policy stops being in result.

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, amendments will enter into force that develop new requirements for employers associated with openly marketed job postings.

Temporary aid company and employer licensing

Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):

- Temporary help companies are required to hold a licence to operate.Clients are prohibited from knowingly engaging or utilizing the services of a short-term assistance firm unless the agency holds a licence. (Find out more about the relationship between short-term aid firms and employment clients.).


- Employers, potential companies and other recruiters are forbidden from intentionally engaging or using the services of any employer that does not hold a licence.

Where applications are made before July 1, 2024 and a choice is pending, there is a transitional rule that will use.

On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was changed. The changes include:

- Adding a surety bond as a brand-new appropriate form of security for all applicants,.

- exempting specific recruiters from the security requirement under defined conditions,.

- changing the application fee and security requirements for entities applying both for a temporary assistance agency and a recruiter licence.


The ministry's licensing webpage has actually been updated to reflect these modifications. Please visit that webpage for details.

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