Government seeks input on implementation of new areas of regulation related to hiring
The Ontario government is progressing further towards the implementation of Bill 190 – the Working for Workers Four Act, 2024 – which will impact hiring practices in the province.
The legislation amends the Employment Standards Act, 2000 (ESA), to add a new Part III.1 (Job Postings), aimed at giving jobseekers greater certainty in the hiring process “without adding unnecessary or onerous requirements for employers,” according to the government.
The new legislation would require employers to disclose in publicly advertised job postings whether a job vacancy exists or not.
It would also require employers to provide prescribed information within a prescribed time period to job applicants whom they have interviewed for publicly advertised job postings.
Recently, the government sought input from stakeholders on the proposed rules
“Your feedback will provide valuable insight as the government explores these issues,” it said.
“If feedback to this consultation document leads to future regulatory changes being proposed, the ministry will undertake necessary analysis to identify impacts.”
Greater transparency with legislation in Ontario
The new rules would be firsts in Canada.
“There have been calls for greater efforts aimed at improving fairness and transparency in the hiring process for skilled newcomers and job seekers who are trying to get into the workforce,” said the Ontario government.
“There have also been growing concerns about the ethical, legal and privacy implications of artificial intelligence (AI), as AI tools and algorithms are being adopted by Ontario businesses at a rapid rate.”
In response, the new Job Postings part of the Employment Standards Act, 2000 (ESA), requires employers to include “information about the expected compensation or the range of expected compensation and to disclose the use of AI in publicly advertised job postings and to prohibit the inclusion of Canadian experience as a requirement in publicly advertised job postings and associated application forms,” noted Ontario.
The changes would also give jobseekers more information to make informed decisions in their career search, said the government.
Previously, Ontario proposed changes to ensure fair hiring practices and impose stricter penalties on violators of the ESA.
When will changes to Ontario ESA take effect?
Bill 190 was carried at First Reading on May 6, 2024 and carried Second Reading on May 8 and 16, 2024 before being referred to the Standing Committee noted Fasken associates Andrew J. Gould and Alex Ognibene.
“The legislative process is expected to continue in the fall, once the legislature returns from its summer recess,” they said.
“If passed, most of the newly proposed changes would come into force on the date the bill receives Royal Assent. However, certain changes, including the job posting and pay transparency requirements, would come into force on a future date to be proclaimed.”
These proposed legislative changes are part of a broader initiative aimed at enhancing worker protections and promoting fairness in the workplace, said the government. They build upon previous Working for Workers acts and reflect the government's commitment to prioritizing the well-being of Ontario workers and newcomers.