Employment Standards Act

Your guide to the Employment Standards Act

Employers can learn more about their obligations under the Employment Standards Act, 2000 (ESA) in your guide to the Employment Standards Act. This guide provides information about the key sections of the ESA such as:

If you are unsure about anything in the guide, consult a lawyer.

MLITSD resources

The Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has more resources available to assist you.

The Employment Standards Self-Service Tool is available to help employers and employees understand their obligations and rights under the ESA.

The Employment Standards Act Policy and Interpretation Manual is the primary reference source for the policies of the Director of Employment Standards about the interpretation, administration and enforcement of the ESA.

Staff at the Employment Standards Information Centre are available to answer your questions about the ESA. Information is available in many languages. You can reach the information centre from Monday to Friday, 8:30 a.m. to 5 p.m. by calling:

Additional educational resources are available.

Employment Protection for Foreign Nationals Act

The Employment Protection for Foreign Nationals Act, 2009 (EPFNA) applies to foreign nationals who work (or are looking for work) in Ontario under immigration or temporary foreign worker programs.

Under the EPFNA, employers and recruiters are not allowed to:

  • take a foreign national’s property (such as a passport or work permit)
  • charge fees or recovering costs from a foreign national related to hiring them
  • intimidate or penalize a foreign national for asking about or asserting their rights under the EPFNA

Foreign nationals may also have rights under the ESA, which covers employment standards such as minimum wage and limits on hours of work. EPFNA requires employers and recruiters to provide 2 information sheets to foreign nationals. These information sheets explain the minimum rights and obligations established under the ESA and EPFNA.

Learn more about the rights and obligations established under EPFNA.

Occupational Health and Safety Act

The Occupational Health and Safety Act (OHSA) is Ontario's legislation for workplace health and safety that sets out the rights and duties of all parties in the workplace, as well as the procedures for dealing with workplace hazards and for enforcement as needed. There are 27 regulations under the OHSA.

The OHSA provides the legal framework to protect workers from health and safety hazards on the job by:

  • setting out duties for all workplace parties and rights for workers to help establish a strong internal responsibility system (IRS) in the workplace
  • establishing measures and procedures for managing workplace hazards
  • providing law enforcement where compliance has not been achieved voluntarily

Employer responsibility

Employers and supervisors are required to acquaint workers with any hazard in the work that they do.

The employer, typically represented by senior management, has the greatest responsibilities with respect to health and safety in the workplace.

Learn more about the OHSA.

A strong IRS is the basis of a strong health and safety culture in a workplace. The respective roles and responsibilities for all workplace parties are detailed in the OHSA. The IRS is the principle that every person in the workplace shares a responsibility for creating and maintaining a safe and healthy work environment.

Reprisals are prohibited

Employers cannot penalize employees in any way for exercising ESA and OHSA rights, including employees hired through temporary help agencies.

Recruiters also cannot penalize prospective employees who engage or use their services in any way for any reason, including asking the recruiter to comply with the Act or asking whether a person holds a licence as required by the ESA.

Learn more about reprisals and reprisals against workers by employers.

Employment Insurance benefits and leave

Service Canada works closely with employers to ensure that the Employment Insurance (EI) program is administered fairly and efficiently. Employers play an important role by meeting their responsibilities regarding the EI program.

Refer to the Government of Canada's information on Employment Insurance benefits and leave.

Workplace Safety & Prevention Services

Workplace Safety & Prevention Services (WSPS) is a health and safety association that supports employers and workers with health and safety resources in the agricultural, manufacturing and service sectors throughout Ontario.

WSPS offers a wide range of training opportunities in different formats and hosts learning events to address employer needs.

Learn more about strengthening health and safety in your workplace with WSPS.

Visit WSPS’s agricultural hub for information specific to agriculture and farming and to access resources in multiple languages, including Spanish, Thai and Tagalog.

Canadian Centre for Occupational Health and Safety

The Canadian Centre for Occupational Health and Safety (CCOHS) provides information to reduce hazards and eliminate risks in the workplace for a healthy and safe environment.

Learn more about CCOHS’ resources.

Workplace Safety and Insurance Board

The Workplace Safety and Insurance Board (WSIB) provides:

  • wage-loss benefits
  • medical coverage
  • support to help people return to work after a work-related injury or illness

WSIB provides no-fault collective liability insurance and access to industry-specific health and safety information.

Learn more about WSIB Ontario.

Find additional information for workplace injuries of Commonwealth Caribbean and Mexican seasonal agricultural workers.

Office of the Employer Advisor

The Office of the Employer Advisor (OEA) is an independent agency of MLITSD, with services available throughout Ontario. The OEA provides expert legal advice to any Ontario employer and primarily represents employers who employ fewer than 100 workers.

The OEA offers free and confidential advice, representation, webinars and education sessions to inform employers about their rights and obligations under the Workplace Safety and Insurance Act, 1997 and the OHSA.

Learn more about the services available through the OEA.

Occupational Health Clinics for Ontario Workers

The Occupational Health Clinics for Ontario Workers (OHCOW) is a province-wide organization, funded through the MLITSD, that provides occupational health services and information for workplace parties.

They offer tailored resources and support for IAWs and their employers, including infographics about common workplace hazards and about worker rights.

Learn more about the OHCOW resources related to occupational illness, ergonomics/injury prevention, workplace mental health and a worker perspective.

Temporary help agencies and recruiters

Agri-food businesses may use a temporary help agency or recruiter to fill temporary labour shortages.

A temporary help agency is an employer that employs persons for the purpose of assigning them to perform work on a temporary basis for their clients.

Learn about the ESA’s definition of temporary help agencies.

If you need to supplement your workforce using temporary help agencies, you must seek workers from legitimate and compliant temporary help agencies.

A recruiter is any person who attempts to find temporary or permanent employment for prospective employees or attempts to find temporary or permanent employees for prospective employers. Recruiters can be corporations, partnerships or individuals. There are exceptions to who qualifies as a recruiter.

Learn about the ESA’s definition of recruiters.

Temporary help agencies and recruiters must hold a licence to operate in Ontario. If a temporary help agency or recruiter is located outside of Ontario, but assigns employees to work in Ontario, the licensing requirements will also apply. MLITSD’s website includes information on:

  • licence holders, along with the status of their licence
  • whether a recruiter licence is subject to any terms and conditions
  • applicants seeking a licence
  • any other information that is required to be published under the ESA or its regulations

Learn more about licensing for temporary help agencies and recruiters.

Recruiters operating out of Ontario are required to follow the EPFNA to protect the employment rights and obligations of foreign nationals. It is illegal for recruiters or employers to ask for payment from a foreign national, including to guarantee a job in Ontario.

Learn more about temporary help agencies and recruiters for agri-food businesses.

Additional resources for agricultural businesses

Canadian Agricultural Human Resource Council

The Canadian Agricultural Human Resource Council (CAHRC) is a national, non-profit organization focused on addressing human resource issues facing agricultural businesses across Canada. CAHRC works with industry associations, educators and all levels of government to examine agriculture human resource issues and build meaningful research-based solutions. CAHRC has helped clarify jobs and worker requirements for modern agricultural operations so the industry can plan for the future.

CAHRC offers online courses and HR learning modules, for a fee, that keep employers up to date with current standards and principles in managing their workers.

Learn more about CAHRC’s HR management modules and additional employer courses accessible for a fee at View Courses – Agriskills.

Foreign Agricultural Resource Management Services

The Foreign Agricultural Resource Management Services offers services and resources for employers who are hiring IAWs through the Seasonal Agricultural Workers Program (SAWP) stream or the Agricultural stream of the TFWP.

Ontario Fruit & Vegetable Growers’ Association

The Ontario Fruit & Vegetable Growers’ Association has information for growers and workers, including workplace health and safety information.