Ontario and federal workplace laws have shifted significantly over the past few months, with new rules now in force and more on the way. This post highlights what provincially regulated employers in Ontario and federally regulated employers should have in place as of early 2026, and what is still coming.
Ontario: ESA Changes Now in Force
As of November 27, 2025, Bill 30, the Working for Workers Seven Act, 2025, has already amended the Employment Standards Act, 2000 (ESA).
Job‑Seeking Leave After Mass Terminations
Employers must now provide up to three days of unpaid “job‑seeking leave” to employees who receive notice of a mass termination, defined as a termination of 50 or more employees in a four‑week period. Employees may use this leave for job searching, interviews or training, and employers may request reasonable evidence of the employee’s entitlement.
Extended Temporary Layoffs
The ESA now permits longer temporary layoffs in specific circumstances. A layoff may extend to 35 or more weeks in any 52‑week period, provided it does not reach 52 or more weeks in any 78‑week period, where:
- The employer and employee have agreed to an extended layoff;
- The employer recalls the employee within the agreed timeframe; and
- The employer has obtained approval for the extended layoff from the Director of Employment Standards.
Employers using extended layoffs should ensure that written agreements and Director approvals are in place and aligned with any collective agreement language.
Ontario: Job Posting and Platform Rules (In Effect January 1, 2026)
From January 1, 2026, new ESA obligations apply to job posting platforms and to Ontario employers with 25 or more employees on the date a posting is made.
Fraudulent Job Posting Procedures
Operators of “job posting platforms” (online platforms that display publicly advertised job postings, other than an employer’s own career site and certain prescribed platforms) must:
- Implement a mechanism for users to report fraudulent publicly advertised job postings; and
- Maintain a written policy describing how fraudulent postings will be addressed.
Requirements for Publicly Advertised Job Postings
Under O. Reg. 476/24, a “publicly advertised job posting” is an external posting to the general public, excluding general recruitment campaigns, generic “help wanted” signs, internal‑only postings, and postings for work performed entirely outside Ontario (or primarily outside Ontario where Ontario work is not a continuation of earlier Ontario work).
For such postings, covered Ontario employers must now:
- Include either the expected compensation or a range of expected compensation, with any range limited to a maximum spread of C$50,000; postings for roles with expected compensation in excess of C$200,000 annually are exempt from this pay‑transparency requirement.
- Disclose any use of artificial intelligence in screening, assessing or selecting applicants.
- Indicate whether the posting is for an existing vacancy.
- Retain copies of all publicly advertised job postings for three years after they are removed.
Employers are prohibited from including Canadian‑experience requirements in publicly advertised job postings or related application forms. Where an applicant is interviewed for a publicly advertised posting, the employer must advise whether a hiring decision has been made—by in‑person, written or electronic notice—within 45 days of the interview (or the last interview where there are multiple rounds).
Ontario: Placement of a Child Leave (Not Yet Proclaimed)
Bill 229, the Working for Workers Six Act, introduced a new unpaid “Placement of a Child Leave,” which will come into force on a date to be proclaimed.
Once effective, employees with at least 13 weeks of service will be entitled to up to 16 weeks of unpaid leave where there is a qualifying placement of a child, including:
- The first placement of a child into the employee’s custody, care and control for adoption;
- The first arrival of a child into the employee’s custody, care and control where the birth parent is a surrogate; and
- Other prescribed events or circumstances.
Employers will be permitted to request evidence, reasonable in the circumstances, of an employee’s entitlement to the leave.
Federally Regulated Employers:
Pregnancy Loss Leave (In Force December 12, 2025)
For federally regulated workplaces, a new “Leave Related to Pregnancy Loss” has been added to the Canada Labour Code, effective December 12, 2025.
Employees qualify if:
- Their own pregnancy does not result in a live birth;
- The pregnancy of a spouse or common‑law partner does not result in a live birth; or
- They intended to be the legal parent of a child whose birth would have resulted from another person’s pregnancy that does not result in a live birth.
Entitlements include:
- Up to eight weeks of leave in the case of a stillbirth; and
- Up to three days of leave in all other cases.
The leave window runs from the day the pregnancy does not result in a live birth to 26 weeks after that day. Employees with at least three consecutive months of continuous employment are entitled to pay at their regular rate for the first three days of leave, which is treated as wages. The leave may be taken in one or two periods, and employers may require that each period last at least one day.
Forthcoming “Disconnecting From Work” Policy
A new Canada Labour Code obligation will soon require federally regulated employers to adopt a written “disconnecting from work” policy. The provision does not yet have a fixed coming‑into‑force date, but is expected to take effect during 2025–2026.
Within one year after the provision comes into force, employers will need a policy that sets out:
- A general rule concerning work‑related communications outside scheduled hours, including the employer’s expectations and any opportunity for employees to disconnect from work‑related communication tools;
- Any exceptions to that rule and the reasons for them;
- The effective date of the policy; and
- Any additional prescribed elements.
Where a collective agreement already contains a written provision that meets these requirements, the statutory policy requirement will not apply to the employees covered by that agreement. Employers will also be required to review and update the policy at least every three years, consult employees when developing or revising it, maintain records of the policy and consultations, and provide and post the policy for employees.
Contact us
Given the pace and complexity of these developments, many organizations are taking this opportunity to revisit their employment standards compliance more broadly. Flaherty McCarthy will continue to monitor legislative and regulatory updates and share insights on their implications for Ontario and federally regulated workplaces, and is available to discuss how these changes may intersect with your organization’s existing practices.
