Ontario Employers: Don’t Forget to Post New ESA Poster

Following the recent changes to the Employment Standards Act, 2000 (the “ESA”) made by Bill 47, Making Ontario Open for Business Act, 2018, the Ontario Ministry of Labour (the “MOL”) has released a new version of the ESA poster (Version 8.0). This poster lays out key ESA standards and directs employees how to learn more about their rights.

As per Section 2 of the ESA , employers are required to:

  • post the most recent copy of the ESA poster (Version 8.0) in at least one conspicuous place where it is likely to come to the attention of employees;
  • provide each employee a copy of the most recent poster;
  • provide each new employee a copy of the poster within 30 days of their hiring date;
  • post a translated copy of the poster alongside the English version (if the majority language spoken in the workplace is a language other than English and the MOL has published a poster for that language).

Employers may provide the poster as a printed copy, electronically as an attachment in an email, or by directing employees via an electronic link to the poster – but only if the employer ensures that the employee can reasonably access and print the poster.

As previously reported, Ontario’s recent Bill 66, Restoring Ontario’s Competitiveness Act, 2018, would remove the requirement to post the ESA posters in the workplace, although employers would still will be required to provide the ESA poster to employees.

Bill 66 is currently at First Reading. Until Bill 66 becomes law, it is important for Ontario employers to stay in compliance with the current statutory requirements and continue to post the ESA poster in their workplace.

Should you have any questions or require more information, please do not hesitate to contact the members of our Ontario Labour and Employment Law Group.

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