Canadian Employment Law Trends From 2024

In today’s rapidly evolving legal landscape, it is important that organizations stay informed about legislative changes that can impact their workplaces. Understanding these legislative changes can help businesses maintain legal compliance and foster a healthy and positive work environment. A legally compliant workplace is more likely to be a safe and enjoyable place for employees, contributing to overall satisfaction and productivity.

Let’s explore the top legislative trends from 2024 and consider the impact these changes may have on workplaces in 2025.

Trend #1: Expansions to workplace harassment prevention and protections

Recent changes have expanded workplace harassment definitions and procedures, emphasizing the importance of psychological safety alongside physical safety measures. Here is a high-level overview of the changes that we saw by jurisdiction:

• Alberta: The province introduced legislation giving employers until March 31, 2025, to replace their separate harassment and violence prevention policies with one consolidated violence and harassment prevention policy. The new comprehensive policy must include specific elements, including, for example, procedures to inform workers about risks, reporting incidents and investigating complaints.
• Ontario: The definition of harassment was changed to specifically include harassment that occurs virtually through the use of information and communication technologies such as email or chat. This change is now in effect.
• Québec: The province also expanded the definition of harassment, but their focus was on targeting psychological harassment and sexual violence in the workplace. These changes require employers to prevent and address psychological harassment stemming from anyone in the workplace, including colleagues and customers. Québec also changed and expanded the procedural requirements to be included in workplace harassment policies. Some of the features that employers must include in these policies now include identifying risks, providing training, outlining complaint procedures and ensuring confidentiality. These changes are now in force.
• Nova Scotia: The province introduced legislation giving employers until September 1, 2025, to implement a policy regarding the prevention of harassment in the workplace. Specifics regarding what employers need to include in the policy may be prescribed in the future. Nova Scotia has also changed the definition of health and safety to encompass psychological well-being.

These changes mean that employers should review and update existing policies, prepare for necessary changes and ensure comprehensive training for all personnel involved in policy implementation. Training should go beyond individuals in human resources and potentially include managers or other personnel who play a critical role in addressing complaints.

Trend #2: New and extended job-protected leaves

In 2024, we saw a lot of legislation passed which impacted job-protected leaves, resulting in the introduction of new sorts of leaves or extended the time periods for existing leaves.

These changes occurred not only at the provincial level but also in the federal sector. Federally regulated employers are employers in particular industries that are under the purview of federal law and federal employment standards.

Here is a high-level overview of the changes that we saw by jurisdiction:

• Federal: In the federal sector we saw the introduction of a pregnancy loss leave, bereavement leave and child placement leave, all set to take effect on December 12, 2025.
• Manitoba: The province expanded the serious injury or illness leave from 17 to 27 weeks. These changes are already in force.
• Ontario: The province introduced child placement and long-term illness leaves. These changes will come into effect at some time in the future.
• Newfoundland: The province implemented a serious illness leave, allowing for an extended duration of approximately 27 weeks, which is already in effect.
• Nova Scotia: The province also implemented a serious illness leave, allowing for an extended duration of leave, which is also already in effect. Nova Scotia also expanded existing leave policies, granting employees five days of unpaid leave per year for personal sickness or injury and an extra three unpaid days for attending to the illness of family members or medical appointments—an increase from the previous total of three unpaid days.

Employers should stay informed about these new leave requirements and update their leave policies to ensure compliance. While these leaves are unpaid, it is important for employers to understand what sorts of leaves employees are legally entitled to and employer’s obligations to these employees before and after leaves.

Trend #3: Restrictions on requesting medical notes for sick leave

In 2024, we are saw an increase in legislation restricting an employers' ability to request medical notes for sick leave, particularly within the confines of minimum standards legislation.

Here is a high-level overview of the changes that we saw by jurisdiction:

• Ontario: The province adopted a similar stance passing legislation restricting employers from requiring a certificate from a qualified health professional when employees are using their three sick days permitted under the Employment Standards Act. However, employers are still permitted to ask for evidence reasonable in the circumstances.
• Québec: Legislation is now in force that builds on previous changes surrounding employers’ ability to request medical notes related to an employee’s short term sick leave. This legislation prohibits employers from requesting a medical note for an employee’s first three short-term absences, as long as those do not exceed three consecutive days within a 12-month period.
• Newfoundland and Labrador: Newfoundland and Labrador passed legislation which removed the requirement for employees to provide their employer a medical note for short-term sick leaves lasting between three to seven days.

These legislative changes were passed with the objective of alleviating pressures on the healthcare system by reducing the number of medical appointments. These changes are already in force. Employers should familiarize themselves with these changes, provide training for those handling sick leave inquiries, and update their sick leave policies accordingly, especially given similar changes may be coming in other jurisdictions.

Trend #4: Providing job seekers and new employees with more information

In 2024, Ontario passed legislation which introduced sweeping changes to the province's hiring practices. The new legislation emphasizes the growing need for transparency in the hiring process for both job seekers and new employees.

The legislation introduced new requirements for employers which benefit job seekers and applicants, including, mandating that job postings disclose whether Artificial Intelligence is used in the hiring process, such as to screen resumes, provide a compensation range for the position, and confirm whether the position is actually vacant. Employers must also inform candidates whether a hiring decision has been made within 45 days after their last interview. There are certain exceptions to these requirements. These measures will come into effect on January 1, 2026.

The legislation also requires employers provide new employees with essential information in writing before the first day of work or as soon after as possible. This information includes the legal name of the employer, any alternative business names, contact information (address, telephone number and key contacts), a general overview of the work location, the starting wage, the pay period and a basic outline of expected work hours. These requirements, subject to certain exceptions, come into effect on July 1, 2025.

While many of these changes only apply to employers with more than 25 employees, they represent a shift in how organizations hire, update job postings and communicate essential information to candidates. The legislation’s focus on enhancing information accessibility and transparency marks a pivotal step towards a more equitable and informed job market.

Trend #5: New rules and standards for digital platform workers

In 2024, we saw the introduction of legislation providing new rules and standards for digital platform workers, reflecting a growing recognition of their rights and protections.

Here is a high-level overview of the changes that we saw by jurisdiction:

• British Columbia: British Columbia recently passed legislation, which established a legal basis for specific protections for online platform workers. This legislation is in force. The regulation sets a minimum wage and standards upon termination and allows for additional compensation for the use of personal vehicles while completing services. The regulation also requires that workers be provided with particular information about an assignment, such as its location, and ensures workers are provided with a wage statement.
• Ontario: The province passed legislation introducing a comprehensive framework defining digital platforms, clarifying when work assignments begin and end and mandating the provision of critical information related to pay, tips and removal from the digital platform. This provides additional protection to workers and helps to prevent reprisals. This legislative change comes into force on July 1, 2025.

These legislative changes help ensure minimum standards and transparency, targeting a continually growing and common class of workers who otherwise may not be captured by minimum standards legislation. In light of this new legislation, employers who hire digital platform workers should adjust their policies and practices.

Trend #6: Re-defining employees

In 2024, we saw interesting changes to the definition of an employee in the federal sector, Ontario and New Brunswick.

Here is a high-level overview of the changes that we saw by jurisdiction:

• Federal: In the federal sector, employees are now presumptively classified as an employee until proven otherwise by an employer. This means that there is no starting position that individuals are Contractors. This legislation is currently in effect. It is likely that other jurisdictions may adopt this approach to protect workers.
• Ontario: The province passed legislation that expanded the definition of an employee to include individuals engaged in trial periods, where the skills assessed are used by the employer's employees or could be used in the absence of other employees. This means trial periods will likely be considered as work time, highlighting the importance of having an employment contract in place prior to the commencement of these trial periods. This legislation is currently in effect.
• New Brunswick: In contrast, the legislation passed in New Brunswick now exempts certain activities from the employee classification. This includes job trials or job-shadowing lasting no longer than 35 hours or 5 days, experiential learning done for credit as part of an educational program, and pre-employment training offered by government entities for up to eight weeks. This approach may provide greater flexibility for employers to assess potential hires without them being automatically classified as employees. This legislation is currently in effect

Considering these legislative changes, employers should consider how employees are defined in policies and make any required changes.

It is important that employers remain vigilant and informed of changes affecting their workplace. With legislative changes occurring rapidly, staying up to date is helpful to ensure that workplaces remain compliant, which in turn helps mitigate risk and liability as an employer.

Being aware of the key legislative trends from 2024 can provide employers with valuable insight into potential changes that may be coming to other jurisdictions in the coming months.

This guide is intended to be used as a starting point in analyzing Canadian employment law trends from 2024 and is not a comprehensive resource of requirements. It offers practical information concerning the subject matter and is provided with the understanding that ADP is not rendering legal or tax advice or other professional services.