As we enter 2025, ChangeMakers in Canada should be aware of several significant legislative updates that may impact their work and organizations. This review highlights important changes in both Ontario and federal legislation that are particularly relevant to social innovators and nonprofit organizations.
Ontario Legislation
Employment Standards Act (ESA) Amendments
Recent Changes:
- The definition of “employee” now includes those in trial periods, protecting more workers.
- Employers cannot deduct wages for cash shortages or property loss if others had access, enhancing worker financial security.
- Written tip pool policies are required if employers or directors share in the pool, promoting transparency.
Upcoming Changes:
- From October 28, 2024, employers cannot require health certificates for sick leave, reducing barriers for workers.
- Starting June 19, 2025, employees with 13+ weeks of service will be entitled to up to 27 weeks of unpaid leave for serious medical conditions, supporting work-life balance.
Job Posting Requirements (Effective January 1, 2026)
For organizations with 25+ employees:
- Compensation information must be included in job postings, promoting pay transparency.
- Canadian experience requirements in job postings will be prohibited, supporting diversity and inclusion.
- Use of AI in the selection process must be disclosed, ensuring ethical hiring practices.
Occupational Health and Safety Act (OHSA) Updates
- OHSA now applies to telework and virtual workplace harassment, protecting remote workers.
- Joint health and safety committee meetings can be held remotely, facilitating flexible workplace safety practices.
- Increased fines for repeat offenders resulting in death or serious injury, emphasizing workplace safety.
Federal Legislation
Canada Labour Code (CLC) Amendments
Key Changes:
- Prohibition on using replacement workers during legal strikes or lockouts (effective June 20, 2025), strengthening labour rights.
- New presumption of employee status unless proven otherwise (effective June 20, 2024), protecting workers from misclassification.
- Requirement for a policy on disconnecting from work (date to be determined), promoting work-life balance.
- Introduction of shareable leave for adoption and surrogacy (date to be determined), supporting diverse family structures.
- Unpaid leave for pregnancy loss (effective December 12, 2025, or earlier), recognizing the need for compassionate leave policies.
- 10-day unpaid leave for deaths in immediate family (effective June 20, 2024), supporting employees during difficult times.
Other Notable Legislation for ChangeMakers
- Temporary Help Agency and Recruiter Licensing Framework (effective July 1, 2024): Enhances protection for temporary workers.
- Digital Platform Workers’ Rights Act (effective July 1, 2025): Provides rights and protections for gig economy workers.
- Strengthening Cyber Security and Building Trust in the Public Sector Act (effective November 25, 2024): Improves data protection in public sector organizations.
- Strengthening Accountability and Student Supports Act (effective May 16, 2024): Affects policies in post-secondary institutions.
Implications for ChangeMakers
These legislative changes present both opportunities and responsibilities for changeMakers:
- Enhanced Worker Protection: Many changes focus on improving worker rights and safety, aligning with social justice goals.
- Diversity and Inclusion: Prohibiting Canadian experience requirements and introducing new leave policies supports more inclusive workplaces.
- Transparency: New job posting requirements promote pay equity and fair hiring practices.
- Digital Age Considerations: Recognition of remote work, virtual harassment, and AI in hiring processes reflects the evolving nature of work.
- Compliance Challenges: ChangeMakers must stay informed and adapt their practices to comply with these new regulations.
ChangeMakers should review these changes carefully, update their policies and practices accordingly, and consider how these shifts can be leveraged to further their social impact goals.
Source: https://hicksmorley.com
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