Ontario’s Working for Workers Four Act, 2024 (Bill 149) and Working for Workers Five Act, 2024 (Bill 190) received Royal Assent in the Spring and Fall of 2024. Key provisions in the Acts were to be proclaimed into force or implemented by regulation at a later date. On December 3, 2024, the Ontario government proclaimed many of the provisions in-force and published implementing regulations to clarify the application of the new laws.

Below is our summary of the key regulations and requirements that will impact employers. This article is an update on our previous summaries of the key legislative changes proposed by both bills (for Bill 149, here) and (Bill 190, here). Both bills proposed a number of amendments to employment-related statues, including the Employment Standards Act, 2000 (“ESA”), the Occupational Health and Safety Act (“OHSA”), and the Workplace Safety and Insurance Act, 1997.

Amendments to the ESA

Job Posting Information

Amendments to the ESA imposing new job posting requirements on employers will come into force on January 1, 2026. Pursuant to a new regulation, O. Reg. 476/24, publicly advertised job postings by employers with 25 or more employees must include the following:

• Information about the expected compensation for the position or a range of expected compensation. Any range posted must not exceed $50,000. Compensation information is only required for positions where the expected compensation, or the top end of the range of compensation, is $200,000 annually or less.
• Whether artificial intelligence is being used to screen, assess or select applicants for a position.
• Whether the posting is for an existing vacancy.

The new regulation also clarifies the type of job posting that will be captured by the new rules. A “publicly advertised job posting” is defined in the regulation as an “external job posting that an employer or person acting on behalf of an employer advertises to the general public in any manner”. Not all job postings are captured by the definition as it explicitly does not include:

• a general recruitment campaign that does not advertise a specific position,
• a general help wanted sign that does not advertise a specific position,
• a posting for a position that is restricted to existing employees of the employer, or
• a posting for a position for which work is to be,
  • performed outside Ontario, or
  • performed outside Ontario and in Ontario and the work performed outside Ontario is not a continuation of work performed in Ontario.

We note Bill 149 amended the ESA to prohibit employers from including requirements related to Canadian experience in publicly advertised job postings. Exceptions could apply where prescribed, but the new regulation does not prescribe any exceptions. This amendment will also come into force on January 1, 2026.

Duty to Inform Candidates

Bill 190 amended the ESA to require employers who conduct an interview with an applicant for a publicly advertised job posting to provide the applicant with certain prescribed information within a set timeframe. Pursuant to O. Reg. 476/24, effective January 1, 2026 employers must inform interviewees whether a hiring a decision has been made within 45 days after the date of the interview, or if the employer interviews the applicant more than once, within 45 days after the date of the last interview. The information may be provided in-person, in writing, or using technology.  

Bill 190’s amendments provide that copies of job postings and applications as well as the post-interview information provided to applicants must be retained for three years.

Employment Information

Amendments to the ESA under Bill 149 and Bill 190 required employers who conduct an interview with an applicant for a publicly advertised job posting to provide the applicant with certain  information within a set timeframe, particulars of which were to be (and have now been) prescribed. Pursuant to a new regulation, O. Reg. 477/24, effective July 1, 2025, employers with 25 or more employees must provide employees with certain information prior to their first day of work or as soon thereafter as is reasonably possible:

• The legal name of the employer, as well as the operating/business name, if different.
• Contact information for the employer, including address, telephone number and one or more contact names.
• A description of where it is anticipated that the employee will initially perform work.
• The employee’s starting hourly or other wage rate or commission, as applicable.
• The applicable pay period and pay day.
• A general description of the employee’s initial anticipated hours of work.

The new regulation does not apply to “assignment employees” placed by temporary help agencies.

Amendments to the OHSA

Washroom Facilities

Effective July 1, 2025, employers and constructors will be required to ensure washroom facilities provided for workers are maintained in a clean and sanitary condition, and that records of cleaning are maintained and made available as prescribed.

A new regulation under the OHSA, O. Reg. 480/24 prescribes that, effective January 1, 2026, employers will satisfy their record-keeping and posting obligations under the OHSA by posting records of the cleaning of washrooms (1) in a conspicuous place in or near the washroom facility, or (2) electronically where it can be accessed by workers, and workers are provided with direction on where and how to access the record.

Cleaning records must include the date and time of the two most recent cleanings of the washroom facility. For constructors on construction projects, cleaning records must also list any servicing, cleaning, sanitizing in the past six months or the duration of the project, whichever is shorter, pursuant to the previously-imposed requirement under O. Reg. 482/24.

Takeaways for Employers

With clarifying regulations and in-force dates now published, employers should review their policies and practices to consider how they can implement their new obligations.

Our team is prepared to assist employers navigate these changes. Should you have any questions regarding the impact of the proposed changes on your workplace, please contact a member of our Labour & Employment team.