From coast to coast, Canada's employment law landscape is transforming. New amendments across federal and provincial jurisdictions are reshaping work relationships, employee protections, and employer obligations—all against the backdrop of evolving workplace realities.
Look closely at these changes, and clear patterns emerge. Provinces are tackling similar issues, just with their own unique approaches.
Take digital platform work, for instance. Ontario is building a comprehensive framework through its Digital Platform Workers' Rights Act, while British Columbia is taking a more direct route by simply declaring these workers employees under existing law. Both approaches aim to bring the gig economy under the protective umbrella of employment standards.
There's also a noticeable push to reduce unnecessary administrative burdens around sick leave. Quebec, Ontario, and Newfoundland and Labrador are all limiting when employers can request doctor's notes for short absences—a practical change that acknowledges both the pressure on healthcare systems and the reality that minor illnesses don't always require medical intervention.
Workplace harassment prevention is getting a meaningful upgrade across jurisdictions too. Quebec now requires detailed policies and procedures, Ontario has expanded definitions to include virtual interactions, and Alberta is strengthening violence prevention requirements.
Meanwhile, provinces like Nova Scotia and Quebec are explicitly recognising that workplace health and safety must include psychological well-being, not just physical safety.
For employers, especially those operating across provincial lines, understanding these changes starts with recognising Canada's unique regulatory framework.
Unlike countries with one national labour code, Canada splits employment governance between federal and provincial/territorial systems. While the federal Canada Labour Code applies to about 6% of workers in sectors like banking and telecommunications, most Canadian employees fall under provincial rules.
These provincial frameworks involve several interconnected pieces of legislation that collectively govern workplace relationships:
With this in mind, let's take a look at what's changing across the country and what these updates mean for employers and their teams.
The following section on "Federal" changes applies only to businesses and employees in federally regulated sectors. If your business is not in one of these industries, you'll primarily be concerned with the provincial/territorial updates that follow.
Federally regulated employers are now required to provide graduated notice of termination. This means the amount of notice an employee is entitled to increases based on how long they've worked for a company. Here's the breakdown:
The CLC now presumes anyone on an organisation’s payroll is an employee rather than an independent contractor. This means that if a business classifies workers as contractors, the burden is on them to prove it - a change that reflects growing scrutiny of worker classification.
While worker misclassification has always carried risks, this reversal of the burden of proof was newly introduced last year. The consequences of misclassification remain serious and can include:
This change doesn't create new penalties, but it does make it much easier for workers to establish employee status, increasing the practical risk for employers who misclassify.
Effective June 20, 2025, the use of replacement workers (sometimes called "scabs") during a legal strike or lockout will be prohibited in federally regulated workplaces.
There are very narrow exceptions, primarily related to maintaining essential services to prevent immediate and serious danger. Violations can result in substantial fines – up to $100,000 per day.
Pregnancy Loss Leave: From December 2025, employees will be entitled to a leave of absence if they or their spouse/partner experience a pregnancy loss:
Leave for Placement of Child: Parents welcoming a child through adoption or surrogacy will be entitled to up to 16 weeks of unpaid leave. (Effective date to be determined).
Alberta has significantly updated its rules around violence and harassment prevention plans. This reflects a growing emphasis on creating safer and more respectful workplaces.
What's Required: Employers must have a comprehensive, consolidated plan that includes:
Compensation for Treatment: If a worker needs medical attention or a referral because of a violence or harassment incident, and they get that treatment during regular work hours, they are considered to be "at work" and must be paid accordingly.
Compliance Deadline: The deadline to have these updated plans in place is March 31, 2025.
British Columbia has updated its first aid requirements to match the standards set by the Canadian Standards Association. This ensures consistency and a high level of workplace safety.
People who find work through online platforms are now clearly classified as employees under BC law, not independent contractors. This is a significant shift that gives these workers access to basic employment rights and protections. Companies using online platforms to source labour must now treat these workers as employees.
BC is rolling out mandatory pay transparency reporting in stages. Companies of different sizes have different deadlines to start publishing reports on pay gaps This is part of a broader effort to promote equal pay.
Employers need to prepare for data collection and reporting.
From July 1, 2025, a key provision will come into effect, prohibiting employers from requiring "Canadian experience" in job postings. This removes a significant barrier for internationally trained professionals seeking employment in BC. Employers should review and update their job posting templates to remove any Canadian experience requirements.
The leave available for employees dealing with a serious injury or illness has been extended to 27 weeks, providing more support during challenging times.
A new unpaid, job-protected leave of up to 27 weeks is now available for employees dealing with:
Employees who experience a long-term injury or illness as a result of a criminal offence may be eligible for up to 104 weeks of unpaid leave. The employee must not have been involved in the offence or contributed to the injury through gross negligence.
Employers can no longer require a doctor's note or nurse practitioner's certificate for employees taking the existing seven days of unpaid sick leave or family responsibility leave, even if the absence is for three or more consecutive days.
Employees will be entitled to five unpaid sick days per calendar year. This is in addition to the existing three days of unpaid leave they can already take for medical appointments or family illness.
A new unpaid leave of 27 weeks is now available for employees dealing with a serious illness or injury. This provides significant job protection during extended periods of recovery.
Effective July 15, 2025, both employers and injured workers will have a legal duty to cooperate in the return-to-work process. This means actively communicating, exploring suitable work options, and making reasonable efforts to facilitate the worker's return. There will be potential penalties for both employers and workers who fail to cooperate in the return-to-work process.
From September 1, 2025, the legal definition of "health and safety" will be expanded to specifically include both physical and psychological well-being. This means employers have a legal responsibility to address workplace factors that could negatively impact employees' mental health.
From September 1, 2025, employers will be required to have a written policy in place specifically addressing the prevention of harassment in the workplace.
Ontario has made numerous changes to the ESA aimed at clarifying rules and strengthening worker protections. Here are the key highlights:
Trial Periods Now Classified as Training: Work performed during a trial period is now officially considered "training" under the ESA.
Employee Choice for Direct Deposit: Employees must be the ones to choose the bank account where their wages are directly deposited. Employers cannot dictate the account.
Vacation/Holiday Pay Agreements Must be in Writing: Any agreements about alternative ways of paying vacation pay (other than the standard methods) must be documented in writing.
Broader Definition for Workplace Harassment: Workplace harassment now includes virtual harassment.
Sick Leave Documentation: Employers can no longer require employees to provide a medical certificate as evidence for entitlement to sick leave under the ESA.
Fines for individuals guilty of an offence under the ESA have increased to $100,000, reflecting a stronger enforcement approach to employment standards violations. This significant increase highlights the importance of compliance with all ESA provisions.
The definition of "workplace harassment" now explicitly includes:
Employers should update their harassment policies to reflect these expanded definitions and ensure they address online conduct, particularly with the rise of remote and hybrid work arrangements.
This is a landmark piece of legislation coming into effect from July 1, 2025, relevant for companies that rely on "gig workers" through online platforms (like ride-sharing apps, delivery services, or freelance marketplaces). The DPWRA establishes new rights and protections for these workers, covering areas such as:
Companies operating digital platforms that connect workers with customers should begin preparing compliance strategies well before the implementation date.
From July 1, 2025, employers with 25+ employees must provide new employees with written information before their first day of work (or as soon as reasonably possible), including:
This promotes transparency in the employment relationship from day one. Employers should develop templates for this required information to ensure consistent compliance.
Prince Edward Island has introduced a paid sick leave programme. Employees gradually earn paid sick days based on how long they've been with their employer:
Employees are still entitled to three unpaid sick days after three months of employment.
An Act to prevent and combat psychological harassment and sexual violence in the workplace came into full effect in September 2024. This law strengthens existing protections and mandates that employers update their harassment prevention policies. These policies must now detail:
The Act also makes it easier for employees to claim for workplace injuries resulting from sexual violence, extending the claim period to two years and limiting the medical information employers can access when contesting claims.
From January 2025, Quebec’s Bill 68 will reduce the administrative burden on the employers' ability to demand medical certificates for short-term absences (for illness).
This change aims to reduce unnecessary doctor visits, easing the strain on Quebec's healthcare system.
An Act to modernise the occupational health and safety system will be fully implemented by October 6, 2025. This Act, and its accompanying Regulation introduces major changes to workplace health and safety requirements:
Health and Safety Representatives: Companies with 20 or fewer employees must appoint a health and safety liaison officer. Those with 20 or more must create a health and safety committee. These representatives will:
Mandatory Training: Both liaison officers and committee members will need to undergo specific training.
Prevention Plans:
Annual Updates: All plans must be reviewed and updated each year.
Saskatchewan has proposed several important amendments to the Saskatchewan Employment Act. While not yet law, they would bring significant updates to employment standards. Some of the key proposed changes include:
Overtime Calculation: Employers could define a workday as either a calendar day or 24 consecutive hours
Tip Protection: Employers would be prohibited from deducting or withholding tips
Mass Termination: Written notice requirement would apply to the termination of 25+ employees (up from 10)
Enforcement: The Director of Employment Standards could order reinstatement or compensation for discriminatory actions
Sick Leave: Medical notes would be restricted unless absence exceeds 5 consecutive days or occurs frequently; long-term sick leave would extend from 12 to 27 weeks
Pregnancy Loss: Maternity leave would cover pregnancy loss up to 20 weeks before due date
Violence Leave: A new 16-week unpaid interpersonal violence leave would supplement the existing 10-day leave
Bereavement Leave: Would be available within 6 months of death for "like family" relationships and for pregnancy loss
These changes would align Saskatchewan with employment standards across Canada. Employers should monitor this legislation and prepare for potential implementation.
As we've seen, employment legislation across Canada is evolving to meet the challenges of modern work relationships. From the federal Canada Labour Code to provincial statutes, these changes share common themes: better protection for platform workers, enhanced leave provisions, reduced administrative barriers, and greater recognition of psychological well-being in the workplace.
For employers—particularly those operating across multiple jurisdictions—staying informed is crucial. The good news is that many of these changes have implementation periods extending through 2025, providing time to adopt policies and practices.
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