Human Resources Legislative Update
Ontario Announces Proposed Fine Increases and Further Requirements for Publicly Advertised Job Postings Under the Employment Standards Act, 2000
Date: May 3, 2024
On May 3, 2024, the Ontario government announced it will table legislation that, if passed, would amend the Employment Standards Act, 2000 (ESA) to increase fines for ESA violations and impose obligations on larger employers with respect to their publicly advertised job postings.
Increased Fines
Amendments to the ESA would increase the maximum fine for an individual convicted of a violation from $50,000 to $100,000.
The government also announced its intention to make regulatory changes that would increase the penalties for those who have contravened the same provision of the ESA three times or more from $1,000 to $5,000.*
Job Posting Obligations
The ESA would be amended to require a larger employer to disclose in a publicly advertised job posting whether or not a job vacancy exists. A larger employer would also be required to respond to any applicant interviewed for a publicly advertised job posting. The government states these changes would provide job applicants with certainty.
The government intends to consult on the proposed changes to job posting obligations, “i.e. consulting on the size of the business that these measures would apply to as well as the most efficient way to respond to jobseekers once a position has been filled, such as through an automated process.”
*On May 6, 2024, the Ontario government filed O. Reg. 189/24 amending O. Reg. 289/01 (Penalties And Reciprocal Enforcement) made under the ESA which gives effect to this change, effective on the same date.
Editor’s Note: This post has been updated from its original version.
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