Navigating employment regulations in Canada can be complex, with each province and territory having unique requirements. Our thorough eleven-part series deconstructs the critical policies you must understand, providing unique insights into each Canadian Province and Territory. Let us equip you with the knowledge to create a compliant and thriving workplace, no matter where in Canada you operate.

Part 1 - Ontario Part 2 - Quebec Part 3 - British Columbia Part 4 - Alberta Part 5 - Manitoba Part 6 - Saskatchewan Part 7 - Nova Scotia Part 8 - New Brunswick Part 9 - Newfoundland and Labrador Part 10 - Prince Edward Island Part 11 - Territories, Northwest Territories, Nunavut, & Yukon

Part 1 in this Essential Employment Policies Series outlines the mandatory and recommended policies every Ontario business should have in place. Ontario specific legislation like the Occupational Health and Safety Act (OHSA), Employment Standards Act (ESA), and Accessibility for Ontarians with Disabilities Act (AODA) all come with unique policy requirements. Fortunately, we’ve got everything you need to know below.

*Disclaimer: Employment laws and regulations can change. While we strive to provide up-to-date information, this guide does not constitute legal advice and we recommend verifying current regulations with official sources.

Required Employment Policies

Health and Safety Policy

In Ontario, businesses with six or more employees must have a written health and safety policy as per the Occupational Health and Safety Act (OHSA). This policy should articulate the company’s commitment to maintaining a safe and healthy workplace. Key elements include identifying potential hazards, outlining safety procedures, and specifying the responsibilities of both employers and employees in maintaining safety standards. The policy must be reviewed annually and accompanied by a health and safety program designed to implement these guidelines effectively. Appointing a competent Health and Safety Representative or establishing a Joint Health and Safety Committee (JHSC) is also mandatory, depending on the size of the workforce.

Workplace Violence and Harassment Policy

Under the OHSA, employers are required to have a comprehensive policy addressing workplace violence and harassment. This policy should define what constitutes violence and harassment, outline the procedures for reporting incidents, and detail the process for investigating and resolving complaints. Additionally, it must include preventive measures, such as risk assessments and training for employees. This policy needs to be reviewed annually to ensure it remains relevant and effective.

Violence Prevention Program

In addition to the workplace violence policy, employers must implement a violence prevention program under the OHSA. This program should include measures to control the risks of workplace violence, based on the specific hazards identified in a workplace assessment. It should also establish procedures for summoning immediate assistance when violence occurs or is likely to occur. The program is an essential part of maintaining a safe work environment and must be regularly updated to address any new risks.

Accessibility Policies

The Accessibility for Ontarians with Disabilities Act (AODA) mandates that employers develop and maintain accessibility policies. These policies must cover accessible customer service, information and communication, and employment standards, ensuring that the needs of employees with disabilities are met. A good accessibility policy should include guidelines for recruitment, hiring, and supporting employees with disabilities, as well as providing accommodations as needed.

Human Rights and Anti-Discrimination Policies

While the Ontario Human Rights Code (OHRC) does not explicitly require a written policy, having a human rights and anti-discrimination policy is essential to comply with the law. This policy should affirm the company's commitment to providing a workplace free from discrimination and harassment, based on any of the protected grounds under the OHRC, such as race, gender, disability, and religion. It should also outline the procedures for reporting and addressing any violations, ensuring that all employees understand their rights and responsibilities.

Employment Standards Policies

Compliance with the Employment Standards Act, 2000 (ESA) is critical for every employer in Ontario. While the ESA does not require specific written policies, it is advisable to have policies that outline the company’s approach to key areas covered by the Act, such as wages, hours of work, overtime, vacation entitlements, and leaves of absence. These policies should clearly communicate the minimum standards to which the company adheres, ensuring that employees are fully aware of their rights under the ESA.

Privacy Policy

For organizations in Ontario that engage in commercial activities, compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) is mandatory. A privacy policy is essential to govern the collection, use, and disclosure of personal information. This policy should outline how personal information is collected, stored, and protected, as well as the circumstances under which it may be disclosed. It should also provide guidelines for responding to data breaches and for obtaining consent from individuals whose information is being collected.

Electronic Monitoring Policy

Under the Working for Workers Act, 2022, businesses with 25 or more employees must disclose their electronic monitoring practices. The policy should describe how and why employees are monitored, ensuring transparency and protecting their privacy rights. It should also specify the types of monitoring in place (e.g., email monitoring, computer usage tracking), the purposes for which monitoring is conducted, and the procedures for addressing concerns related to electronic monitoring.

Pay Equity Plan

Under the Pay Equity Act, employers with ten or more employees are required to develop a pay equity plan. This plan should ensure that female job classes are compensated equitably compared to male job classes of equal value. Key elements of the plan include job evaluations, wage comparisons, and mechanisms for addressing any pay disparities. The plan should be reviewed and updated regularly to ensure ongoing compliance with the Act.

Right to Disconnect Policy

As of 2022, employers with 25 or more employees in Ontario must have a written policy on the right to disconnect from work, in compliance with the ESA. This policy should define expectations regarding after-hours communication and outline the circumstances under which employees are expected to respond to work-related communications outside of regular working hours. The policy is intended to support work-life balance and should be reviewed annually to ensure it meets the needs of both the employer and employees.

Recommended Employment Policies

Employee Code of Conduct

An employee code of conduct is a valuable tool for setting clear expectations regarding behaviour and performance. This policy should cover areas such as professional ethics, conflict of interest, attendance, dress code, and the use of company resources. It should also outline the procedures for addressing violations and the potential disciplinary actions that may result. A well-defined code of conduct can help prevent misunderstandings and ensure that all employees adhere to the company’s standards.

Diversity, Equity, and Inclusion Policy

A diversity, equity, and inclusion policy is crucial for fostering a workplace culture that values and respects differences. While not legally required, this policy should articulate the company’s commitment to diversity in hiring, promotion, and all aspects of employment. It should include strategies for creating an inclusive environment, such as training programs, employee resource groups, and initiatives to eliminate unconscious bias. A strong diversity, equity, and inclusion policy can enhance employee engagement and attract top talent from diverse backgrounds.

IT and Data Security Policy

Protects company data and technology assets from breaches and misuse, ensuring data security and privacy. The policy should outline acceptable use of company technology, procedures for safeguarding data, and protocols for responding to security incidents.

Remote Work Policy

With the rise of remote work, having a comprehensive remote work policy is highly recommended. This policy should outline expectations for remote work arrangements, including work hours, communication protocols, and the use of company equipment. It should also address data security, confidentiality, and any specific performance metrics that apply to remote employees. A well-crafted remote work policy can help ensure consistency and productivity, even when employees are working outside the traditional office environment.

Social Media Policy

In today’s digital age, a social media policy is essential for protecting the company’s reputation and ensuring that employees understand the boundaries of appropriate online behaviour. This policy should define acceptable use of social media, both in and outside of work, and outline the consequences of violating the policy. It should also provide guidelines for representing the company online, including the use of company logos, sharing confidential information, and engaging with customers or the public.

Workplace Hazardous Materials (WHMIS) Policy

Employers are required to comply with the Workplace Hazardous Materials Information System (WHMIS) regulations. While there is no explicit requirement to have a separate WHMIS policy, employers must ensure that they fulfil all the obligations under WHMIS, which include training employees, labelling hazardous materials, and maintaining Material Safety Data Sheets (MSDSs) or Safety Data Sheets (SDSs).

Workplace Emergency Preparedness Policy

A workplace emergency preparedness policy, although not explicitly mandated, is highly recommended to ensure the safety and well-being of employees during emergencies. This policy should include detailed plans for various types of emergencies, such as fires, earthquakes, or hazardous material spills. It should specify evacuation routes, the roles and responsibilities of employees during an emergency, and procedures for communicating with staff and emergency responders. Regular drills and training should be part of this policy to ensure that all employees are prepared to respond effectively in an emergency situation.

Grievance Policy

A Grievance Policy provides a clear process for employees to raise and resolve workplace issues or disputes. This policy ensures that employee concerns are addressed fairly and promptly, contributing to a positive and transparent organizational culture.

Workplace Drug and Alcohol Policy

Ensures a safe and productive work environment by outlining expectations and procedures regarding substance use and testing. This policy should detail the types of substances covered, the circumstances under which testing may be conducted, and the consequences for violations.

Performance Management Policy

Outlines how employee performance will be assessed and managed, ensuring fairness and clarity in evaluations and promotions. The policy should describe the performance appraisal process, criteria for evaluating performance, and the steps for addressing performance issues.

Training and Development Policy

A Training and Development Policy underscores the company's commitment to employee growth and development. It is beneficial for enhancing skills and improving job performance. The policy should detail available training programs, eligibility criteria, and procedures for accessing training opportunities.

Conclusion

Having the right employment policies in place is critical for ensuring compliance with Ontario's employment laws and for creating a workplace that supports both legal obligations and positive employee relations. While certain policies are required by law, others are recommended to enhance the overall work environment. HR professionals should regularly review and update these policies to reflect any changes in legislation and to address the evolving needs of the workforce.

Resources for Further Information

Ontario Employment Standards Act (ESA)

Occupational Health and Safety Act (OHSA)

Accessibility for Ontarians with Disabilities Act (AODA)

Personal Information Protection and Electronic Documents Act (PIPEDA)

Ontario Human Rights Code

Guidelines on Developing Human Rights Policies and Procedures