Ontario Employment Standards in 2026: What Employers and Workers Need to Know

Ontario's Employment Standards Act, 2000 (ESA) sets the floor for workplace rights across the province. It covers most employees but does not apply to federally regulated workers (e.g., banking, telecommunications, interprovincial transportation), who fall under the Canada Labour Code . Minimum Wage: As of October 1, 2025, Ontario's general minimum wage is $17.60 per hour . This rate is reviewed annually and adjusted based on the Ontario Consumer Price Index, as outlined on the relevant government website. Overtime: Employees are entitled to overtime pay at 1.5 times their regular rate for each hour worked beyond 44 hours per week . Vacation: After completing one year of employment, workers earn a minimum of 2 weeks of vacation (accrued at 4% of gross wages). After five years with the same employer, this increases to 3 weeks ( 6% of gross wages). Public Holidays: Ontario recognizes 9 statutory holidays , including New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day. Eligible employees receive public holiday pay or a substitute day off. Sick Leave: Under the ESA, most employees are entitled to 3 unpaid sick days per calendar year after at least two consecutive weeks of employment. Employers cannot require a medical note for these days. Full details are available in the official on ontario.ca. Ontario's Working for Workers legislative package has introduced sweeping changes to how employers recruit and hire. These rules generally apply to employers with 25 or more employees for publicly advertised job postings. Pay Transparency: Employers must now include compensation information or a pay range in job postings. Where a range is used, the spread of the posted compensation range is expected not to exceed $50,000 (under proposed regulations) annually under proposed regulations, with a carve-out when expected compensation exceeds $200,000 annually . Positions with expected compensation above $200,000 are exempt from this requirement. AI Disclosure: If artificial intelligence is used at any stage to screen applicants, the employer must disclose this fact in the job posting. Vacancy Status: Every publicly advertised posting must indicate whether it is for an existing vacancy or is being used to build a candidate pool for future openings. Ban on Canadian Experience Requirements: Employers are prohibited from requiring "Canadian experience" as a qualification, removing a long-standing barrier for internationally trained professionals and newcomers. Post-Interview Notification: Employers must inform all interviewed candidates of the outcome within 45 days of the interview. Record Retention: Employers must retain copies of job postings and application materials for 3 years . Pre-Employment Information: Before an employee's first day, employers must provide written details including compensation, work hours, and the employer's legal identity . This requirement took effect in July 2025. These provisions are detailed in amendments to the ESA published on the relevant government website. Since October 11, 2022 , Ontario employers with 25 or more employees have been required to maintain a written electronic monitoring policy . This policy must describe whether and how the employer monitors employees through electronic devices, including computers, cell phones, GPS systems, and other digital tools. The policy must specify: Whether electronic monitoring takes place and, if so, a description of how it is conducted The circumstances under which monitoring may occur The purposes for which information obtained through monitoring may be used Employers must provide a copy of the policy to all employees within 30 days of it being prepared or updated, and to new hires within 30 days of their start date. While the ESA mandates transparency about monitoring practices, it does not grant employees the right to refuse monitoring or restrict the employer's ability to monitor. This requirement was introduced through amendments to the ESA and is documented on the relevant government website. Compliance Tip: Given the overlap between electronic monitoring obligations, the new AI disclosure rules, and record-retention requirements, employers should conduct a comprehensive review of their HR policies. Ensuring that hiring workflows, monitoring disclosures, and document-retention practices all align with current ESA requirements will help minimize the risk of complaints or enforcement action by the Ontario Ministry of Labour, Immigration, Training and Skills Development.