As we move into 2025, employers should ensure compliance with existing and upcoming legislative changes at the provincial and federal levels. Changes impact workers’ compensation, gig worker protections, employment standards, and more. See the discussions below.
BC
As the new year begins, employers should ensure they are in compliance with legislative updates that took in effect in 2024:
- January 1, 2024: The Workers Compensation Act was updated regarding the duty to cooperate and the duty to maintain employment for injured workers. Please see our previous eBulletin: BC Workers Compensation Act Updates: New Duties on Employers, Effective January 1, 2024, to Cooperate and Maintain Employment for Injured Workers
- April 22, 2024: BC’s minimum wage increased and is now indexed to inflation. Please see our previous eBulletin: BC Legislative Updates: Minimum Wage Hike
- September 3, 2024: Gig workers (“online platform workers”) were added to the Employment Standards Act and the Workers Compensation Act. Please see our previous eBulletin: The Gig Just Got More Complicated in BC – Bill 48 to treat Online Platform Workers as Employees for purposes of Employment Standards and Workers Compensation
- November 1, 2024: The Occupational Health and Safety Regulation was amended and now requires employers to comply with certain new occupational first aid rules related to first aid drills, first aid kits, first aid assessments, along with other changes.
With the Fall 2024 BC election period, the re-election of the Premier, and swearing in of new cabinet ministers, there has been little legislative development over the past few months. The Premier’s mandate letter to Minister Whiteside, Minister of Labour, offers some indication of what labour and employment changes may be prioritized in 2025, but does not identify any intended legislative changes. The Speech from the Throne will take place on February 18, 2025, beginning a new legislative session.
Ontario
The latest Ontario legislative session was officially dissolved on January 28, 2025, and Ontarians head to the polls on February 27. Through a series of “Working for Workers” bills that passed during the last session, the provincial government introduced many changes affecting employers and workers in the province. Recently, certain commencement dates were announced. Employers should take note of the upcoming employment standards-related changes taking effect in 2025 and 2026, that are known at this time:
1. July 1, 2025: Digital Platform Workers’ Rights Act, 2022
The Digital Platform Workers’ Rights Act, 2022, which was introduced by way of the Working for Workers Act, 2022, as amended by the Working for Workers Four Act, 2024, will come into force on July 1, 2025, along with O. Reg. 344/24: General. The Act will give digital platform workers (also known as “gig workers”) who provide ride-share, delivery or courier services, certain protections such as the right to information (s. 7), the right to a recurring pay period and pay day (s. 8), the right to a minimum wage in accordance with the Employment Standards Act, 2000 (s. 9), the right to amounts earned and tips and other gratuities (s. 10), the right to notice of removal (s. 11), rights respecting dispute resolution being resolved in Ontario (s. 12) and protection from reprisal (s. 13).
By comparison, British Columbia introduced protections for “online platform workers”, effective September 3, 2024, as discussed in our article, “The Gig Just Got More Complicated in BC—Bill 48 to Treat Online Platform Workers as Employees for Purposes of Employment Standards and Workers Compensation”. Ontario employers should note that, unlike in BC, the Ontario legislation does not treat these gig workers as employees (s. 2, Digital Platform Workers’ Rights Act, 2022).
2. July 1, 2025: Employment Information
The Working for Workers Act, 2023 (formerly, “Bill 79”) amended the Employment Standards Act, 2000 by giving the Lieutenant Governor in Council the power to make regulations “prescribing information that must be provided to an employee or a prospective employee, in writing, and when the information must be provided”. That regulation, O. Reg. 477/24: When Work Deemed To be Performed, Exemptions and Special Rules, filed on November 29, 2024, adds section 1.2 to the regulation, respecting “Information re employment”. The regulation provides that, effective July 1, 2025, employers with 25 employees or more, will be required to provide an employee with certain information, in writing, before the employee’s first day of work, or as soon as is reasonably possible. The information to be provided is the following:
- “1. The legal name of the employer, as well as any operating or business name of the employer if different from the legal name.
- 2. Contact information for the employer, including address, telephone number and one or more contact names.
- 3. A general description of where it is anticipated that the employee will initially perform work.
- 4. The employee’s starting hourly or other wage rate or commission, as applicable.
- 5. The pay period and pay day established by the employer in accordance with subsection 11 (1) of the Act.
- 6. A general description of the employee’s initial anticipated hours of work.”
3. January 1, 2026: Job Postings:
Employers with 25 employees or more should take note of significant changes coming into force on January 1, 2026 related to job postings, as set out in Working for Workers Four Act, 2024, the Working for Workers Five Act, 2024 and in O. Reg. 476/24: Rules and Exemptions re Job Postings, which was filed on November 29, 2024.
The Working for Workers Four Act, 2024 will amend the Employment Standards Act, 2000 effective January 1, 2026 by adding Part III.1, ‘Job Postings’ and a requirement for employers to retain job postings. The legislation sets out requirements related to pay transparency in job postings (e.g. compensation range information), and the use of artificial intelligence. January 1, 2026 is also the coming into force date for sections of the Working for Workers Five Act, 2024, which establish requirements for publicly advertised job postings. New section 8.5 requires that every employer who advertises a publicly advertised job posting, include in the posting: a) a statement disclosing whether the posting is for an existing vacancy or not; and b) such other information as may be prescribed by regulation. That regulation, O. Reg. 476/24: Rules and Exemptions re Job Postings, which will into force on January 1, 2026, provides the regulatory details for the above job posting related changes including its application to employers with 25 or more employees, key definitions (“artificial intelligence”, “publicly advertised job posting”, “wages” and “interview”), compensation range information, and the duty to inform applicants interviewed within 45 days after the date of the last interview.
Federal
Federally-regulated employers should ensure compliance with these changes that took effect in 2024:
- February 1, 2024: The Canada Labour Code was amended to establish a graduated notice of individual termination. Please see our previous eBulletin: Federally-Regulated Employers Required to Comply With New Graduated Notice of Individual Termination Starting February 1, 2024
- June 1, 2024: Small federally-regulated private sector entities, with between 10 and 99 employees, were required to publish their first accessibility plans, as required by the Accessible Canada Regulations. Please see our previous eBulletin, “Accessibility plan due June 1, 2024 for small federally-regulated private sector entities”.
- June 20, 2024: The Canada Labour Code was amended with respect to misclassification, aimed at the protection of gig workers. Please see our previous eBulletin under the subheading, “Misclassification”.
- November 30, 2024: The Canada Occupational Health and Safety Regulations were amended relating to Sanitation, aimed to encourage employers to provide all-gender toilets. Please see our previous eBulletin under the heading, “Regulations Amending Certain Regulations Made Under the Canada Labour Code (Sanitation), SOR/2024-118”.
Key changes that have been announced as coming into force in 2025 are:
- June 20, 2025: The ban on the use of replacement workers will take effect, as will measures with respect to the maintenance of activities during a strike or lockout. Please see our previous eBulletin, under the heading “Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012”
- 2025, date TBD: The federal government has announced that changes introducing a right to disconnect from work, requiring certain employers to establish a disconnecting from work policy, are expected to come into force in 2025, on a date to be determined. Please see our previous eBulletin, under the subheading: “Right to disconnect policy”.
- No later than December 2025: The Canada Labour Code will be amended to include new pregnancy loss leave, and a new leave relating to bereavement. Please see our previous eBulletin, under the heading: “Bill C-59, Fall Economic Statement Implementation Act, 2023”.
Please contact a member of our Labour and Employment Group if you have any questions regarding compliance with employment legislation.