Actions in progress

Clarify accessibility reporting requirements for franchises

Status: Action in progress

What we heard

Currently, it is not clear whether franchisees, franchisors or both have to file annual accessibility compliance reports.

Our plan

Each organization with its own 9-digit business number is responsible for filing an accessibility report. In some cases the franchisee’s head office may assume this responsibility. If a franchise owner is unsure about how to proceed, they should contact their franchisor to discuss and clarify responsibilities. Organizations with questions regarding compliance or reporting can contact the Accessibility Directorate of Ontario (ADO) at:

The ADO is working to increase sector education and outreach by working with the Canadian Franchise Association and other stakeholder groups. The ADO is also working with Chartered Professional Accountants Canada to promote monthly bulletins on their social media channels containing up-to-date information on requirements and tools to help with compliance.

No action recommended

Review Employment Standards Act provisions

Status: No action recommended

What we heard

Businesses have expressed a number of concerns related to the administration of employment standards, including:

  • overtime pay
  • layoff procedures
  • unpaid internships
  • enforcement and simplification
  • employees leaving without giving notice to employers

Our plan

The recently completed Changing Workplaces review included a comprehensive assessment of the Employment Standards Act (ESA) and input from a wide range of business, labour, and advocacy groups as well as individuals. The final report was released in May 2017.

The government subsequently introduced Bill 148, Fair Workplaces, Better Jobs Act. The proposed act has been referred to the Standing Committee on Finance and Economic Affairs for review and public consultation. You can read more information about the bill and its status.

Review the benefits and risks of banning non-compete clauses in employment contracts

Status: No action recommended

What we heard

Non-compete clauses in employment contracts negatively impact innovation and technology by:

  • limiting growth and development in the technology sector
  • reducing employee mobility

Our plan

Non-compete clauses are contractual agreements between employers and employees and are not governed by provincial employment legislation. Therefore, no action will be taken.

Actions tracking

Review the Pay Equity Act and related acts for duplication

Status: No action recommended

What we heard

Businesses think that the Pay Equity Act duplicates existing regulations, policies, and laws that forbid employers from paying equally skilled individuals different amounts for the same role, based on gender, sexuality, or religion.

Our plan

Three different laws in Ontario address specific types of discrimination in employment and workplaces:

  • Equal pay for equal work is a requirement under Ontario’s Employment Standards Act, 2000. It requires that women and men receive equal pay when they do the same or substantially the same job in the same establishment.
  • The Pay Equity Act requires that women and men receive equal pay for performing jobs that may be different, but are of equal or comparable value.
    • The Pay Equity Office provides ongoing education to employers and employees on pay equity. The office also provides information that explains the difference between pay equity and equal pay for equal work, and guides and e-tools for employers to meet their legal obligations.
  • The Ontario Human Rights Code prohibits actions that discriminate against people based on a protected ground such as sex or gender in a protected social area such as employment.

In addition, the government is committed to closing the gender wage gap, and is developing a broad strategy in consultation with stakeholders, due in the spring of 2018.

Review Accessibility for Ontarians with Disabilities Act reporting thresholds

Status: No action recommended

What we heard

Small businesses suggested that only firms with 50 or more employees should be required to file an annual accessibility compliance report. Related concerns were raised in the auto parts manufacturing and food processing reports.

Our plan

On July 1, 2016, there was a regulatory change to accessibility standards. Organizations with 20-49 employees are no longer required to document and publicly post written documents related to the customer service standards. This change reduces administrative burden and gives businesses the ability to focus on complying with the requirements.

Reporting requirements are consistent across all accessibility standards. In order to reduce burden, private and non-profit sector organizations with 20 or more employees are only required to report every three years. Private and non-profit organizations with fewer than 20 employees are exempt from the reporting requirements.

The Accessibility Directorate of Ontario launched a new, easy to use, online compliance reporting system in 2017. This accessible form is more user-friendly and includes direct links to resources and to help users throughout the reporting process. The form was user-tested with a broad range of businesses and was positively received. The process does not require organizations to log in or create an account to file an accessibility compliance report. Download the form.

Businesses can also contact AODA helpdesk staff: