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Under the Employment Standards Act, 2000 (ESA), employers can require an employee to provide evidence reasonable in the situations that they are entitled to ill leave under the ESA.

Effective October 28, 2024, can not need employees to provide a certificate from a certified health specialist (a medical note). A "competent health practitioner" is an individual who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the employee.

ESA maximum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is thought to have actually committed an offense under the ESA. If founded guilty, an individual could be based on a fine or a regard to imprisonment or both.

Since October 28, 2024, the optimum fine for people founded guilty of contravening the ESA has actually increased to $100,000 (up from $50,000).

Definition of worker

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

- carries out work for an employer for wages

- materials services to a company for incomes

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

- is a homeworker

- was a worker


On March 21, 2024, the significance of "training" was expanded to consist of work carried out throughout a trial period. A worker now includes a person who performs work during a trial period for a company, if the skills being assessed during the trial duration are skills utilized by the company's employees or might be utilized by staff members if there are no other employees. This suggests the hours worked during the trial duration need to be counted as work time. Find out more about what counts as work time.

Deductions from incomes

The ESA restricts employers from making deductions from earnings when the employer had a cash shortage, lost residential or commercial property or had home stolen and a person besides the employee had access to the cash or home.

On March 21, 2024, employment the ESA was modified to validate that this consists of reductions from salaries in "dine and rush", "gas and dash" and other comparable circumstances.

Payment of wages - direct deposit

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

Effective June 21, 2024, an extra requirement will be in place if the company wishes to pay incomes by direct deposit: the account must be picked by the employee. This indicates the employee should decide which account to utilize and the company can not limit an employee's area by, for instance, requiring the staff member to use an account at a particular financial institution.

For payments that are to be made after June 20, 2024, a staff member has the right to select the account where their wages are to be deposited. If a company previously limited a staff member's account selection - for instance, by needing them to use an account at a specific financial organization - it is the company's duty to verify the staff member's choice of their desired account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they want their salaries deposited to a different account and, when that takes place, the company must make the change.

Vacation pay contracts

The ESA allows an employer to pay holiday pay to a staff member on every pay cheque as it collects or at any agreed-upon time, but only with the contract of the staff member. Discover more about when to pay vacation pay.

Effective June 21, 2024, the ESA is changed to clarify that the employee must make an agreement with the company in order for the company to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be verbal and should be made in writing (including electronically), consistent with how the ministry enforces the ESA.

Tips or other gratuities - approaches of payment

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

- money

- cheque

- direct deposit


If payment is by cash or cheque, the staff member needs to be paid the pointers or other gratuities at the workplace or at some other place consented to digitally or in composing by the worker.

If payment is made by direct deposit, the account must be picked by the staff member and remain in the employee's name. Nobody aside from the employee can have access to the account, unless the staff member has actually authorized it.

The requirement that the worker choose the account indicates the worker needs to choose which account to use, employment and the employer can not limit an employee's choice by, for instance, requiring the staff member to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee deserves to choose the account where their suggestions are to be deposited. If a company previously limited a staff member's account choice - for instance, by requiring them to use an account at a particular banks - it is the employer's responsibility to confirm the worker's selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise alert their employer that they desire their pointers deposited to a different account and, when that takes place, the company should make the modification.

Tips sharing policy

The ESA permits companies, along with directors and shareholders of a company, to share in pointers, if specified requirements are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the employer, sharing in a tip pool, the company will be required to publish a copy of that policy in a plainly noticeable place in the workplace where it is likely to come to the attention of staff members.

The requirement to post a policy does not need an employer to develop a policy. It applies if an employer has a written policy in place or if a company has an established practice of sharing in an idea swimming pool that is regularly used (even if it's not documented). If the employer has an unwritten however established, 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 specify the details that should appear in the policy, as long as the published document is a true copy of the policy that is in place and plainly states that the employer or a director or shareholder of the company shares in the suggestion swimming pool.

Effective, employment June 21, 2024, companies will likewise be required to keep a copy of every tips sharing policy that is needed to be posted for 3 years after the policy stops being in result.

Job posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will come into force that establish brand-new requirements for employers associated with publicly marketed task posts.

Temporary help company and recruiter licensing

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

- Temporary aid companies are required to hold a licence to operate.Clients are prohibited from intentionally engaging or using the services of a short-lived help firm unless the firm holds a licence. (Learn more about the relationship in between momentary help firms and customers.).


- Employers, prospective companies and other employers are restricted from intentionally engaging or utilizing the services of any employer that does not hold a licence.

Where applications are made before July 1, 2024 and employment a decision is pending, there is a transitional guideline that will apply.

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

- Adding a surety bond as a brand-new appropriate kind of security for all candidates,.

- exempting particular employers from the security requirement under defined conditions,.

- altering the application charge and security requirements for entities using both for a short-term assistance agency and an employer licence.


The ministry's licensing website has been updated to show these modifications. Please visit that webpage for information.