Key changes in Canadian human resources legislation outside Québec (2022–2023)

With so many human resources-related legislative updates happening across Canada all the time, it can be tough to keep up with it all and ensure your business remains compliant. Even though our Key Canadian Legislation Quick Links resource is a great starting point, unless you’re looking for something specific, it’s easy to miss the small adjustments that are made regularly to certain regulations, subsections or clauses in any jurisdiction. More significant changes, such as amendments made to employment standards, are often covered by the media and are much easier to follow. In either case, employers should take the time, at least annually, to review legislation changes in their jurisdictions, and if needed, adjust their policies and practices to ensure they remain compliant.

While we can’t cover every element of each piece of legislation that has changed over the past year, here are a few important ones you should be aware of.

British Columbia

• As of March 2022, employees in British Columbia (B.C.) can take up to five paid days and three unpaid days of job-protected leave per calendar year after 90 days of employment. This leave is employee-initiated, and employees can decide whether they’re requesting paid or unpaid leave.
• On March 7, 2023, new pay transparency legislation was introduced to help close the gender pay gap in B.C.—the next step on the path to pay equity. Once the legislation is passed, all employers will be required to include wage or salary ranges on all publicly advertised jobs starting November 1, 2023. Furthermore, as soon as the legislation is in place, B.C. employers won’t be able to ask prospective employees for pay history information or punish employees who disclose their pay to coworkers or potential job applicants—actions which are known to contribute to the gender pay gap.
• As of September 1, 2023, B.C. recognized the National Day for Truth and Reconciliation as a statutory holiday for the first time.

Manitoba

• As of October 1, 2023, the Manitoba minimum wage increased to $15.30 per hour (up $1.15 per hour).

Newfoundland and Labrador

• As of October 1, 2023, the Newfoundland and Labrador minimum wage increased to $15.00 per hour (up $0.50 per hour).

Northwest Territories

• As of September 1, 2023, the Northwest Territories minimum wage increased to $16.05 per hour (up $0.85 per hour).

Nova Scotia

• As of October 1, 2023, the Nova Scotia minimum wage increased to $15.00 per hour (up $0.50 per hour).

Ontario

• On March 20, 2023, the Ontario government introduced Bill 79, the Working for Workers Act (the “Act”). Some of the key changes which were implemented under the first piece of legislation included:
  • Requiring employers with 25 or more employees to have a workplace policy on disconnecting from work
  • Requiring employers with 25 or more employees to have an electronic monitoring policy
  • Prohibiting employees from entering non-compete agreements, except in limited circumstances
  • Requiring the owners of a workplace to grant washroom access to those making deliveries or picking up deliveries
  • Strengthening the rights and protections for digital platform workers who provide ride-share, delivery or courier services
  • Requiring employers to provide a naloxone kit in workplaces where opioid overdoses are a potential hazard
  • Clarifying the treatment of information technology workers and business consultants under the Ontario Employment Standards Act
• As of October 1, 2023, the Ontario minimum wage increased to $16.55 per hour (up $1.05 per hour).
• Under the Accessibility for Ontarians with Disabilities Act, 2005 ("AODA") businesses and not-for-profit organizations with 20 or more employees in Ontario, as well as designated public sector organizations, have until December 31, 2023 to file their latest accessibility compliance report.
• Beginning on January 1, 2024, temporary help agencies are required to hold a licence to operate. Furthermore, clients (i.e., those who use temporary help agencies) are prohibited from knowingly engaging or using the services of a temporary help agency unless the agency holds a licence. Recruiters are also required to hold a licence to act as a recruiter and employers, prospective employers and other recruiters are prohibited from knowingly engaging or using the services of any recruiter that doesn’t hold a licence.

Prince Edward Island

• As of October 1, 2023, the Prince Edward Island minimum wage increased to $15.00 per hour (up $0.50 per hour).

Saskatchewan

• On May 17, 2023, amendments to occupational health and safety provisions ofThe Saskatchewan Employment Act came into force.
• As of October 1, 2023, the Saskatchewan minimum wage increased to $14.00 per hour (up $1.00 per hour).

We understand that legislative changes can be complicated. If you have questions about how any of these changes may impact your business, please get in touch—we’ll connect you to professionals who can help.

Payworks understands the importance of the health and well-being of your workforce. That’s why we’ve partnered with Arcora to create HR Advisory Services, a comprehensive management tool of practical HR-related guidance, resources (like this one!) and services provided by industry professionals to ensure you’re supported every step of the way in growing a strong organization. This includes a confidential employee counselling referral, which provides private counselling to help get your team members back on track. For more information on HR, legal and financial guidance your business (and employees) can count on, visit: https://www.payworks.ca/solutions/hr-advisory-services.