Beginning in 2025, key provisions of the Working for Workers Four Act and Working for Workers Five Act will take effect, introducing significant updates to the Employment Standards Act, 2000 [ESA], the Occupational Health and Safety Act [OHSA], and the Workplace Safety and Insurance Act, 1997 [WSIA]. These legislative amendments build on changes already in effect, which we have covered in earlier blogs on the Working for Workers Four Act and the Working for Workers Five Act.

As Ontario employers prepare for 2025 and beyond, they should focus on new obligations related to job postings, employment information, and workplace washroom standards. Below, we outline the upcoming changes and their practical implications.

ESA Amendments

Effective January 1, 2026, new job posting rules will apply to employers with 25 or more employees. These include:

• Salary Transparency: Employers must include the expected wages or a salary range of expected compensation for a position in publicly advertised job postings. However, roles with annual compensation exceeding $200,000 are exempt, and salary ranges can span up to $50,000, potentially limiting the utility of these disclosures for job seekers. (e.g., if the salary range is $160,000 to $210,000, it would not need to be posted).
• No Canadian Experience Restrictions: Employers cannot require “Canadian experience” in job postings or application forms.
• Artificial Intelligence Use Disclosure: If artificial intelligence (“AI”) is used to screen or assess candidates, this must be disclosed in the job posting. AI is defined as any machine-based system that generates outputs such as predictions, content or recommendations based on input data it is provided, presumably encompassing popular AI tools like ChatGPT that are being used to assist in the hiring process. 
• Additional Posting Details: Job postings must clarify whether they pertain to an existing vacancy and include other prescribed information.
• Post-Interview Communication: Employers must notify candidates within 45 days of their interview about whether a hiring decision has been made. Presumably, a communication indicating a decision is pending would satisfy this requirement, including one early on in the post-interview period.
• Record Retention: Employers must retain copies of public job postings, application forms, and candidate communications for three years.

Effective July 1, 2025, employers with 25 or more employees must provide written employment details to new hires before their first day or as soon as reasonably possible thereafter. Required details include:

• Contact Information: The employer’s legal and operating name if it is different, contact details regarding the employer that includes the address, phone number, and contact persons.
• Location: Anticipated work location.
• Pay: Starting wage, pay period, and pay day.
• Hours: Initial anticipated work hours.

These requirements do not apply to assignment employees placed by temporary help agencies.

OHSA Amendments

Starting July 1, 2025, employers will face updated washroom maintenance requirements. These include:

• Cleanliness Standards: Washroom facilities must be kept clean and sanitary.
• Cleaning Records: Employers must maintain cleaning records of the washroom facility. Beginning January 1, 2026, cleaning records must document the date and time of the two most recent cleanings, which must be visibly posted or made available electronically.
• Service Records: Employers must maintain service, cleaning, and sanitization records for toilets and urinals. Beginning January 1, 2026, the records must include dates for the past six months or the duration of the project, whichever is shorter.

WSIA Amendments

Effective December 2, 2024, presumptive coverage for primary-site skin cancer will be extended to firefighters and fire investigators with at least 10 years of service before diagnosis.

Takeaways for Employers

Employers should proactively prepare for these legislative changes by implementing the following strategies:

• Plan for Effective Dates: Employers should keep track of key dates—July 1, 2025 and January 1, 2026—to ensure compliance with upcoming requirements.
• Review and Update Policies: In preparation for the upcoming effective dates, employers should assess and revise workplace policies and hiring practices to ensure they align with recent legal requirements.
• Provide Workplace Training: Employers should educate and provide workplace training to employees about the legislative changes, to inform them of relevant statutory amendments and explain any changes to workplace policies or practices.

This blog is provided as an information service and summary of workplace legal issues.

This information is not intended as legal advice.