The Basics of Employment Law
in Ontario

Reference resource
for employers and employees

In Ontario, employment standards for provincially-regulated employers (as opposed to federally-regulated employers in sectors such as banking and broadcasting) are set out in the Employment Standards Act, 2000. The topics generally covered by employment standards include minimum wages, public holiday pay, overtime, vacations, hours of work, and protected leaves.

In Ontario, occupational health and safety requirements for provincially-regulated employers are set out in the Ontario Occupational Health and Safety Act. This legislation requires employers to take reasonable measures to ensure that workplaces are healthy and safe. This includes the physical layout of the workplace, providing appropriate safety equipment, and also ensuring workplaces are free from harassment and violence.

In Ontario, human rights law requirements for provincially-regulated employers are set out in the Ontario Human Rights Code. Under the Code, employees are protected from harassment and discrimination on the basis of enumerated protected grounds at the workplace. These protections include a right to accommodation to the point of undue hardship based on needs arising from a human rights ground, and accommodation includes both a procedural element (i.e., how a decision about accommodation is reached) and a substantive element (i.e., what form of accommodation is made available to the employee).

An employment contract is a formal legal document that sets out parties’ rights and responsibilities in the employment relationship. In Canada, the absence of a written employment contract will result in a situation where an employee is entitled to terms of employment that are implied in law. Any employment contract should therefore be carefully reviewed before being finalized and signed.

Canadian employers regularly establish policies to govern the workplace, and often reserve the right to update and amend their policies from time-to-time. Certain policies may be required by law, while others may be optional and specific to the needs of particular workplaces. A balance of clarity and flexibility is essential to building an effective employee handbook of policies for any employer.

In Ontario, workplace accessibility requirements for provincially-regulated employers are set out in the Accessibility for Ontarians with Disabilities Act, 2005. These laws require covered employers to take accessibility into account in their recruitment, hiring and employment practices through policies, individualized and organization-wide plans, and reporting to provincial regulators.

Canadian employers may be required to post certain documents, policies, or other information at the workplace. Such posting requirements are often tied to ensuring that other legal requirements are met – such as ensuring that employees know where to find the employer’s health and safety policy and how to report a safety incident or concern.

Employers should maintain the electronic and physical records necessary to demonstrate they have met their legal obligations, and are also required by law to maintain certain records for certain periods of time.