Part II - Information concerning rights and obligations
Part II (Information Concerning Rights and Obligations) of the ESA 2000 contains provisions dealing with the requirement that employers provide a copy of a poster prepared by the Director of Employment Standards to each of the employer's employees. The poster provides such information about the ESA 2000 and the regulations as the Director considers appropriate.
This Part is intended to help ensure that employers are aware of their obligations and that employees know their rights under the ESA 2000. It requires that important information about the ESA 2000 and the regulations be provided directly to employees.
Section 2 – Director to prepare poster
Director to prepare poster – s. 2(1)
Section 2(1) provides that the Director of Employment Standards shall prepare and publish a poster that provides information about the ESA and its regulations that the Director considers appropriate.
At the time of writing, the poster prepared pursuant to this section is entitled Employment Standards in Ontario
and is published by Publications Ontario. The poster is available from Publications Ontario and can be downloaded from the Ministry of Labour’s website.
Prior to the Restoring Ontario’s Competitiveness Act, 2019, which received Royal Assent on April 3, 2019, s. 2(1) required the Minister of Labour to prepare and publish the poster.
If poster not up to date – s. 2(2)
This section provides that the Director of Employment Standards shall prepare and publish a new poster if the Director believes that the existing poster is out of date.
Subsection 2(3) was repealed effective April 3, 2019 as a result of the Restoring Ontario’s Competitiveness Act, 2019. Prior to April 3, 2019, employers were required to post the most recent version of the poster in at least one conspicuous place in every workplace. The discussion of this provision is being maintained in this publication since employees may still have a complaint relating to a situation that arose when s. 2(3) was in force.
This section requires employers to post a copy of the poster referred to in s. 2(1) in the workplace where it is likely to come to the attention of all employees.
Where majority language not English – s. 2(4) (Repealed)
Subsection 2(4) was repealed effective April 3, 2019 as a result of the Restoring Ontario’s Competitiveness Act, 2019. Prior to April 3, 2019, employers were required — in particular circumstances — to post a translation of the most recent version of the poster in at least one conspicuous place in every workplace. The discussion of this provision is being maintained in this publication since employees may still have a complaint relating to a situation that arose when s. 2(4) was in force.
This section states that where the majority language in a workplace is a language other than English, the employer is required to inquire as to whether the Minister has prepared a translation of the poster into that language. If a translation of the poster into that language has been prepared, the employer is required to post the translation alongside the English poster.
Copy of poster to be provided – s. 2(5)
The requirement that an employer provide each employee with a copy of the most recent version of the poster came into effect May 20, 2015 as a result of the Stronger Workplaces for a Stronger Economy Act, 2014.
Pursuant to ss. 2(7), the poster must be provided within 30 days of the day the employee became an employee of the employer.
Employers are only required to provide each employee with the poster once. There is no requirement to provide employees with the poster every time a new version of the poster is published by the Director. The Program's position is that an employer may provide the poster as a printed copy or as an attachment in an email to the employee. Further, and consistent with the Program's position regarding the provision of written wage statements under s. 12(1) and the information sheets for assignment employees under s. 74.7(3), an employer may provide the poster via a link to the document on an internet database, if the employer ensures the employee has reasonable access to that database (i.e. the employer must ensure the employee has access to a computer (which includes devices such as tablets and smart phones) and is able to access a working link to the document) and ensures the employee has access to a printer and that the employee knows how to use the computer and the printer.
Same – Translation – s. 2(6)
If an employee asks for a copy of the poster in a language other than English, the employer is required to inquire as to whether the Director has prepared a translation of the poster into that language. If one has been prepared, the employer is required to provide the employee with a copy of the translation. Note this translation must be provided in addition to a copy in English.
When copy of poster to be provided – s. 2(7)
Subsection (7) requires the employer to provide an employee with a copy of the most recent version of the poster within 30 days of the day the employee is hired by the employer.
Transition – s. 2(8)
Subsection (8) is a transitional provision. This provision establishes that the poster that was in place immediately before the day the Restoring Ontario’s Competitiveness Act, 2019 received Royal Assent continues to be the correct version of the poster for the purposes of section 2 until such time as the Director prepares and publishes a new version of the poster under subsection 2(2).
Same – s. 2(9)
Subsection (9) is a transitional provision. This provision establishes that translated versions of the poster in place immediately before the day the Restoring Ontario’s Competitiveness Act, 2019 received Royal Assent continue to be the correct translated versions of the poster for the purposes of section 2 until such time as the Director prepares new translations of a new poster.