Hiring well is no easy task. So many considerations go above and beyond finding the best person for the job, including both legal and moral obligations. I talked to our legal recruiters out of Toronto to gain their insights on meeting these.
Not sure if your business is meeting its legal obligations? Best to consult a legal professional, but this blog is a good first step.
What Are Some of Your Legal Obligations When Hiring In Ontario?
Employers should be aware of the following regulations when hiring people in Ontario and across Canada.
- Ontario Human Rights Code (the Code): The Code is in place to ensure there is no discrimination against people based on 17 different protected grounds (race, age, gender, ethnicity, etc.), in a protected social area (employment, contracts, union membership). Every province and territory in Canada has its own human rights legislation, similar to the Ontario Human Rights Code, to promote equality and to protect individuals from various forms of discrimination. Federally, the Canadian Human Rights Act applies to areas that fall under federal jurisdiction.
- Accessibility for Ontarians with Disabilities Act (AODA): This law sets out a process for developing and enforcing accessibility standards. All employers must follow accessibility standards to ensure all people have equal access in the workplace. Most provinces and territories in Canada have similar laws, albeit to varying degrees vs. the AODA. Federally, the Accessible Canada Act (2019) is applicable to areas that fall under federal jurisdiction.
- Occupational Health & Safety (OHS) legislation: Each province or territory has its own legislation that ensures that all employers follow health and safety protocols to ensure a safe work environment for all. In Ontario, this is the Occupational Health and Safety Act (OHSA), while Federally, the Canada Labour Code (Part II) is in place to govern workplace safety.
- Workers’ Compensation Legislation: In Ontario, the Workplace Safety and Insurance Act (WSIA), administered by the Workplace Safety and Insurance Board (WSIB), ensures that workers have access to income if they are injured or become ill because of workplace tasks. Each province and territory has its own version of this act, tailored to the specific needs and regulations of the region. The Government Employees Compensation Act (GECA) is in place for federally regulated businesses.
If you are not sure if your business is meeting your legal obligations, please consult a legal professional.
What About The ‘Canadian Experience Requirement’? Should You Remove It From Job Posts?
Canada encourages immigration and we rely upon foreign workers to help our economy thrive. However, some job seekers experience discrimination because employers place a ‘Canadian experience requirement’ when hiring. This disadvantages newcomers who might otherwise be qualified, and who bring broader / different thinking through their exposure from outside Canada. Requiring Canadian experience can also be considered illegal because it discriminates based on place of origin.
“The Ontario Human Rights Commission (OHRC)’s Policy on removing the “Canadian experience” barrier stresses an employer’s responsibility under the Human Rights Code (the Code) to consider all work experience – Canadian and foreign – when assessing if someone is suitable for a job.” It is, however, ok to require Canadian experience in some instances, but those jobs are limited to where this experience is deemed essential (for example, where an understanding of local regulations or standards is required).
Doing The Right Thing: Some Final Considerations
Diversity promotes innovation. A diverse organization can be the driver of job satisfaction/retention of talent, and helps build a robust culture. Our recruiters recommend you regularly check job bias. For example, identify what skills and experience you you’re your potential employee to have vs. what geographies they have experience from. Conduct broader training for your hiring team on how to evaluate experience based on something other than geography.
And remember to check that your organization is aligned to the latest regulations (and consult a lawyer, if in doubt). Following the law not only keeps your company in good standing, but it can also help you thrive.
More Advice From Our Legal Recruitment Team
Wage-Fixing and No-Poaching Agreements Are Illegal In Canada
Stretching the Truth on Your Resume? There Could Be Legal Implications
