The Ontario Ministry of Labour has published an updated ESA Poster. Employers must post this in the workplace and provide a copy to each employee. This updated poster comes after numerous changes to the Employment Standards Act, 2000 (ESA) as a result of the recently passed Bill 47, Making Ontario Open for Business Act, 2018.
The ESA Poster is intended to make employees aware of their entitlement to certain employment standards. This updated version now provides links to the Ministry of Labour online guide which explains these entitlements in more detail.
The new ESA Poster Version 8.0 must be:
- printed in colour or black/white on paper that is at least 8.5×11 inches;
- in English and the majority language of the workplace if available from the Ministry of Labour;
- posted in a conspicuous place where it is likely to come to the attention of employees;
- provided to each existing employee; and
- provided to each newly hired employee covered by the ESA within 30 days of their date of hire.
Failure to comply with these obligations is a violation of the ESA.
Bill 66 may amend these requirements
While employers should comply with these requirements, they should note that on December 6, 2018, the Ontario government introduced Bill 66, An Act to restore Ontario’s competiveness by amending or repealing certain Acts. Bill 66 proposes to amend the ESA such that employers would no longer be required to post the ESA Poster in the workplace; however, they would still be required to provide a copy to every employee.
Bill 66 is still in the first reading stage. The Ontario Legislature will resume, following winter break, on February 19, 2019.
Check the Box
We will continue to keep readers apprised as Bill 66 works its way through the legislative process.
For the time being, to comply with the current ESA, employers need to:
- Download a copy of the ESA Poster Version 8.0 from the Ministry of Labour website.
- Print, post and distribute the poster as per the ESA.
Need more information?
Contact Natalie Garvin at 416-408-5512 or your regular lawyer at the firm.