The ESA provides the minimum working standards for most provincially-regulated employers and employees in Ontario. It sets out certain rights and responsibilities of employees and employers with respect to, among other things, wages, working hours, holidays, leaves of absence, and termination and severance of employment.
Who does the ESA apply to?
The ESA applies to most employees and employers performing work in Ontario, including hospital employees, unless specifically exempted by the ESA or its regulations. This website has more information about exemptions and special rules for EMS, health care and health professionals.
What are the key requirements for hospitals under the ESA?
- Hospitals must provide employees with the most recent ESA poster published by the Ministry of Labour (Ministry). (s 2(5))
- Hospitals must establish a recurring pay period and pay day, make payments of wage to employees, and provide employees with a statement of wages. (ss 11-14)
- Hospitals must maintain records for each employee, including name and address, date of birth (if under 18 and a student), start date of employment, dates and times worked, work hours, overtime thresholds, and information in every written statement given to the employee that details wages, substituted holiday agreements and vacation time and vacation pay entitlements. (s 15-15.1)
- Hospitals must ensure compliance with requirements governing hours of work and hours free from work, overtime pay, eating periods during shifts, minimum wage requirements, and the three-hour rule for short shifts. (ss 17-23) Hospitals must follow specific rules for public holiday pay and vacation pay entitlements. (ss 26-28, 33, 35.2)
- Hospitals with 25 or more employees (as of January 1 of any given year) must have a written policy on disconnecting from work and on electronic monitoring (s 21.1.2) and a written policy on electronic monitoring, including whether employees are monitored and the purposes of monitoring, the details on how and when monitoring occurs, and the dates of the policy creation and changes. (s 41.1.1)
- Hospitals must follow the ESA rules for leaves of absence, termination and severance of employment, including notice periods and entitlements. (ss 45-54, 64)
- As of January 1, 2026, hospitals advertising publicly advertised job postings will be required to include specific details as outlined under the ESA. They must provide expected compensation information or a range of expected compensation, ensure postings do not require Canadian experience, disclose the use of artificial intelligence in screening or assessing applicants, and indicate whether the posting is for an existing vacancy. Additionally, employers must provide prescribed information to applicants they interview within a prescribed time frame. Exceptions to these requirements may apply as defined by regulations. (ss 8.1-8.6)
- Hospitals must pay employee wages earned during a pay period (other than accruing vacation pay), by no later than the pay day for that period. (s 11(1)) A statement of wages must be provided to employees on or before the pay day. (s 12(1))
- Within 30 days of starting employment, new employees must receive:
- a copy of the ESA poster published by the Ministry (s 2(7));
- the written policy on disconnecting from work (s 21.1.2(3)); and
- the written policy on electronic monitoring (s 41.1.1(4)).
- As of July 1, 2025, hospitals will need to provide their employees with certain prescribed information about the employment before the first day of work or, where that is not practicable, as soon thereafter as is reasonably possible. (O Reg 285/01, s 1.2)
Directors of public hospitals, as not-for-profit corporations, are exempt from statutory liability under sections 81 to 83 of the ESA. (s 80(2)) This means they are not personally liable for unpaid wages such as overtime, vacation, and holiday pay.
However, directors, officers, or agents who authorize, permit, or acquiesce in any contravention of the ESA may be held personally liable for offences, regardless of whether the corporation has been prosecuted or convicted. (s 137) For individuals, the penalty for committing an offence is a fine of not more than $100,000 or imprisonment for a term of not more than 12 months, or both. (s 132)
For more information about the ESA, please refer to the following resources:
The HLDAA sets out a framework to resolve collective bargaining disputes involving hospital employees through binding arbitration. The Act sets out the arbitration process as well as other rules that hospitals, bargaining agents and hospital employees must comply with during the arbitration process.
Who does the HLDAA apply to?
The HLDAA applies to all hospital employees to whom the Labour Relations Act, 1995 (LRA) applies, to the trade unions and councils of trade unions that act on behalf of such employees, and to the employers of such employees. For the purposes of the HLDAA, “hospital” is defined to include long-term care homes and other institutions operated for the observation, care, or treatment of persons afflicted with or suffering from any physical or mental illness, disease, or injury.
What are the key Requirements for hospitals under the HLDAA?
- When a hospital and bargaining agent agree to have a collective bargaining dispute decided by a single arbitrator, the two parties must jointly appoint the arbitrator. (s 5) Otherwise, the board of arbitration will consist of three members and the hospital must independently appoint one member and jointly appoint another member. (s 6)
- A hospital must pay the remuneration and expenses of the board of arbitration member(s) in accordance with the HLDAA. (s 9.1)
- Where, during the bargaining under the HLDAA or in the proceedings before the board of arbitration, the hospital and bargaining agent agree on all of the matters to be included in the collective agreement, the parties must put them in writing and execute the document, following which it will constitute a collective agreement under the LRA. (s 10(1)) Where the parties agree upon some of the matters to be included in the collective agreement, they must notify the board in writing of the matters agreed upon. (s 10(2))
- Following the decision of a board of arbitration, the hospital and bargaining agent must prepare and execute a collective agreement giving effect to the board’s decision. (s 10(5)) If the parties fail to do so, they must notify the chair of the board in writing. (s 10(6))
- A hospital may not lock out employees who are the subject of arbitration under the HLDAA during the arbitration process. Such hospital employees are also prohibited from going on strike during this time. (s 11)
- If the dispute will be decided by a single arbitrator, the appointment of the arbitrator must be within seven days after the day the Minister of Labour (Minister) informed the parties that the conciliation officer (appointed pursuant to the LRA) was unable to effect a collective agreement. If the dispute will be decided by three arbitrators, the hospital must appoint one member within seven days after the day the parties were notified by the Minister. The parties must jointly appoint the third member within 10 days after the second member was appointed. (ss 5- 6)
- A collective agreement giving effect to the board of arbitration’s decision must be prepared and executed within five days of the date of the board’s decision. (s 10(5)) If the parties fail to prepare and execute a collective agreement, either or both parties must notify the chair of the board in writing “forthwith”. (s 10(6))
The same offence provisions set out in the LRA are applicable for the HLDAA, which are addressed in the LRA section, below. (s 14)
For more information about the HLDAA, please refer to the following resource:
The LRA governs labour relations in Ontario and establishes the legal framework for union certification, collective bargaining, and the resolution of disputes between employers, employees, and unions. The Act sets out unfair labour practices and establishes the Ontario Labour Relations Board (OLRB) to oversee the administration and enforcement of the Act.
Who does the LRA apply to?
The LRA applies primarily to employers, employees and trade unions. Hospitals are subject to the employer provisions of the LRA with respect to hospital employees who are, or may become, members of a trade union.
What are the key requirements for hospitals under the LRA?
- Upon receiving written notice from a trade union of its desire to negotiate a collective agreement (whether an initial agreement or a renewal), a hospital and the trade union must bargain in good faith in accordance with the rules set out in the LRA. (ss 16-44, 59-60). The collective agreement must contain the required contents set out in the Act and is binding upon the hospital. (ss 45-52, 56)
- When a new collective agreement is entered, a hospital must file the agreement with the Minister of Labour (Minister). (s 90)
The LRA sets out rules with respect to unfair labour practices that hospitals must comply with, including:
- Hospitals must not participate in or interfere with the formation, selection or administration of a trade union. (s 70)
- Hospitals must not interfere with an employee’s rights in order to influence the employee’s decision to be a member of a trade union, or as a result of the employee being a member of a trade union or exercising their rights under the LRA. Such interference includes refusing to employ a person, discriminating against a person, imposing conditions on a contract of employment, and threatening dismissal or other penalties. (s 72)
- Hospitals must not, while a trade union is entitled to represent the employees in a bargaining unit, bargain with or enter into a collective agreement with another person, trade union, or council of trade unions on behalf of or purporting to be binding upon the employees in the bargaining unit. (s 73)
- Hospitals must not try, by way of intimidation or coercion, or in any manner during working hours, to prevent employees from becoming or remaining a member of a trade union or from exercising their rights under the LRA. (ss 76-77)
- Hospitals must not engage in strike-related misconduct or retain the services of a professional strike breaker. (s 78)
- Hospitals must not discharge or discipline employees without just cause during a lawful strike. (s 80.1)
- Hospitals must not lock out employees while a collective agreement is in operation and hospitals must not call, authorize, encourage, or threaten an unlawful lock out of employees. (ss 79, 82-83)
- Where a trade union has given notice to a hospital to negotiate a new collective agreement, hospitals must not alter the working conditions of the relevant employees unless the trade union provides consent or other criteria set out in the Act are met. (s 86)
- Hospitals must not refuse to employ or continue employing a person, threaten dismissal or other penalty, discriminate against a person in regard to employment, or intimidate, coerce, or impose a penalty on a person because of a belief that they may testify, make disclosure, or otherwise participate in a complaint or proceeding under the LRA. (s 87)
- Hospitals must not willfully destroy, alter, deface, or remove any notice that the OLRB has required to be posted during the period that it is required to be posted. (s 88)
- If a hospital amalgamates with one or more “health service providers”, as defined in the Connecting Care Act, 2019, or the assets of one health service provider are transferred to another health service provider, the hospital and other health service provider(s) must also comply with the Public Sector Labour Relations Transition Act, 1997.
- A trade union may apply to the OLRB to be certified as the bargaining agent for a unit of employees at the hospital. If the hospital wants to submit a response, it must do so in writing within two days. (s 7)
- A hospital must meet with a trade union within 15 days of receiving the trade union’s notice of its desire to negotiate a collective agreement. (s 17)
- A new collective agreement must be filed with the Minister “forthwith” after it is made. (s 90)
It is an offence to contravene the LRA or a decision, determination, interim order, order, direction, declaration or ruling made under the Act and the penalty is a fine of not more than $2,000 for individuals. (s 104) Each day that a person contravenes the Act, or any decision, determination, interim order, order, direction, declaration or ruling made under the Act constitutes a separate offence.
Additionally, if a corporation is guilty of an offence, every officer, official, or agent of the corporation who assented to the commission of the offence is deemed to be a party to and guilty of the offence. (s 106)
For more information about the LRA, please refer to the following resource:
The OHSA establishes the framework for ensuring safe and healthy workplaces in Ontario. It outlines the duties, rights, and responsibilities of employers, supervisors, workers, and other workplace parties to protect workers from workplace health and safety hazards.
Who does the OHSA apply to?
The OHSA applies to all workplace parties, including employers, supervisors, workers, contractors, owners, and suppliers in workplaces covered under the Act. This includes hospitals, long-term care homes, and other health facilities.
What are the key requirements for hospitals under the OHSA?
- Hospitals with 20 or more regularly employed workers must establish a Joint Health and Safety Committee (JHSC) in accordance with the Act. (s 9)
- Employers must take every reasonable precaution to ensure worker safety, including by ensuring that the measures and procedures prescribed by the OHSA and its regulations are carried out, and by providing and maintaining safe equipment, protective devices, structures, and hygiene facilities. (s 25)
- Hospitals must prepare and annually review written health and safety policies, including policies on workplace violence and harassment. (ss 25(2)(j), 32.0.1) These policies must be implemented through training programs for workers and supervisors, with training records maintained as proof of compliance. (O Reg 297/13) Employers must assess workplace violence risks and provide results to the JHSC. (s 32.0.3)
- Employers must ensure workers are informed about hazards, including those covered under the Workplace Hazardous Materials Information System (WHMIS), and provide appropriate personal protective equipment (PPE) to protect against risks like hazardous materials and noise levels. (ss 25(2)(h); Reg 860; O Reg 381/15) Hospitals must implement safety procedures for antineoplastic drugs and maintain naloxone kits with trained personnel in workplaces where opioid overdoses are a potential risk. (s 25.2; O Reg 559/22)
- Hospitals must notify a Ministry of Labour, Immigration, Training and Skills Development (MLITSD) inspector, the JHSC, the health and safety representative, and trade union (if any) immediately if a critical injury or fatality occurs at the hospital. Additionally, a written report containing the prescribed information must be sent to those same recipients within 48 hours. (s 51)
- Hospitals must make a report in accordance with the Act and its regulations within four days of the occurrence of non-critical injury accidents where a person is disabled from performing their usual work, or requires medical attention because of an accident, explosion, fire or incident of workplace violence. (s 52(1))
- Hospitals must give notice in writing in accordance with the Act and its regulations within four days of being advised that an employee has an occupational illness or a claim with respect to an occupational illness has been filed with the Workplace Safety and Insurance Board. (s 51(2))
- Hospitals must prepare and review, at least annually, a written occupational health and safety policy and develop and maintain a program to implement the policy. (s 25(2)(j))
- Hospitals must prepare and review, at least annually, written policies with respect to workplace violence and workplace harassment, and must develop programs to implement the policies. (ss 32.0.1, 32.0.2, 32.0.6)
A director or officer of a corporation who fails to take all reasonable care to ensure the corporation complies with the OHSA and its regulations, orders and requirements of inspectors and Directors (as defined in the Act), and orders of the Minister of Labour, Immigration, Training and Skills Development is guilty of an offence and on conviction is liable to a fine of not more than $1,500,000 or imprisonment for a term of not more than 12 months, or both. (s 66(2.1))
For more information about the OHSA, please refer to the following resources:
The OHRC is the law that protects individuals from discrimination in social areas including employment, housing and access to services. It ensures that every person in Ontario has equal rights in these areas without discrimination based on the protected grounds set out in the OHRC such as race, gender, disability, age, sexual orientation, and religion.
Who does the OHRC apply to?
The OHRC applies to all provincially-regulated organizations and individuals in Ontario including employers, service providers, landlords, and union and professional associations. Hospital obligations with respect to employees are also generally applicable to physicians or other privileged health professionals practicing in the hospital.
What are the key requirements for hospitals under the OHRC?
- Hospitals must ensure no direct or indirect infringement of rights protected under the OHRC. These rights include the right to equal treatment in services, goods and facilities; equal treatment in accommodation including the freedom from harassment; equal opportunity to contract on fair terms; equal treatment in employment and workplace practices; equal access to membership in vocational associations; and protection from sexual harassment or reprisals. (ss 1-3, 5-8)
- Where a hospital employee or patient requires accommodation on the basis of an OHRC protected ground, the hospital has a duty to provide accommodation to the point of undue hardship. (ss 11, 17) Undue hardship is a high standard that implies a requirement to endure some hardship. What constitutes undue hardship will depend on the facts in each case, and may vary from hospital to hospital based on each’s circumstances.
- The duty to accommodate OHRC protected grounds includes a procedural component (engaging in the process in good faith) and a substantive component (achieving the appropriate accommodation, or reasonably concluding an inability to accommodate without undue hardship).
The Act does not contain any compliance deadlines.
The Act does not contain any director specific offence provisions.
For more information about the OHRC, please refer to the following resources:
The PEA was established to address systemic gender discrimination in compensation for work performed by employees in female job classes. The PEA ensures that all Ontario employees, regardless of gender, receive equal pay for work of equal value.
Who does the PEA apply to?
The PEA applies to all public sector employers and all private sector employers with 10 or more employees.
What are the key requirements for hospitals under the PEA?
All hospitals and long-term care homes must create pay equity plans for their employees, including both bargaining unit employees and non-unionized staff, by comparing female job classes to male job classes within the same establishment. The pay equity plan must include timelines for adjustments—ranging from two to six years depending on the employer's size or sector—and ensure annual compensation increases of at least one per cent of payroll or the amount needed to achieve equity. (s 13)
New hospitals established after January 1, 1988 must achieve pay equity immediately upon start-up.
The PEA prohibits intimidation, coercion, or discrimination against a person because that person participates or makes a disclosure in a proceeding under the Act, exercises a right under the Act, or seeks enforcement of the Act. (s 9(2)) Further, the PEA prohibits the obstruction of a review officer executing a warrant and/or carrying out his or her duties. (s 35(5)) Every individual who violates one of these prohibitions or an order of the Hearings Tribunal is guilty of an offence and liable to a fine of not more than $5,000 for individuals. (s 26(1))
Furthermore, if a corporation contravenes or fails to comply with the above subsections or an order of the Hearings Tribunal, every officer, official or agent of the corporation who authorizes, permits or acquiesces in the contravention, is a party to and guilty of the offence and, on conviction, is liable to the penalty provided whether or not the corporation has been prosecuted or convicted. (s 26(2))
For more information about the PEA, please refer to the following resources:
The WDMA is legislation that designates April 28 as the day of mourning in Ontario and follows federal legislation with the same name, established in 1991 for the same purpose. This dedicated day is meant to raise awareness about the importance of workplace health and safety and to remember the workers who were killed, injured or made ill due to workplace incidents.
Who does the WDMA apply to?
The WDMA applies to Government of Ontario buildings, courthouses, crown agencies and many public sector buildings, including public hospitals as defined by the Public Hospitals Act.
What are the key requirements for hospitals under the WDMA?
All hospitals must have Canadian and Ontario flags flown at half-mast on the Workers Day of Mourning. (ss 1-2)
Hospitals must fly Canadian and Ontario flags at half-mast every April 28. (s 2)
The Act does not contain any director specific offence provisions.
For more information about the WDMA, please refer to the following resource:
Workplace Safety and Insurance Act, 1997 (WSIA)
The WSIA governs the administration of the provincial workplace compensation insurance regime, including fees and levies for employers, and claims administration for injured workers.
The purpose of the WSIA is to promote health and safety in workplaces, facilitate the return to work and recovery of workers who sustain personal injuries arising out of and in the course of employment, or who suffer from occupational diseases. It also aims to support the re-entry into the labour market for workers and the spouses of deceased workers, while providing compensation and other benefits to both workers and the survivors of deceased workers.
Who does the WSIA apply to?
The WSIA applies to “workers” and “employers”, both of which are defined in the Act. Hospitals are considered Schedule 1 employers pursuant to O Reg 175/98 (General) under the Act. Physicians practicing in a hospital are typically independent contractors rather than employees, and as such, the WSIA typically would not apply with respect to physicians.
What are the key requirements for hospitals under the WSIA?
- Hospitals generally must register with the Workplace Safety and Insurance Board (WSIB) within 10 days of becoming such an employer, provide information as required, and pay premiums as required. (s 75)
- Hospitals must notify the WSIB upon learning of an employee’s accident if the accident necessitates health care or results in the employee not being able to earn full wages. The notice must be in a form approved by the WSIB and the hospital may be required to provide additional information to the WSIB. A copy of the notice must also be given to the injured worker. (s 21) Hospitals should review applicable WSIB policies and administrative practice documents to ensure they understand their obligations to give notice of an accident.
- Hospitals must pay a worker’s full wages and benefits for the day of the accident. Failure to do so will result in the WSIB covering the cost and requiring employer reimbursement, with potential penalties. (s 24)
- Hospitals must continue to make contributions for employment benefits for an injured worker for up to one year if the worker maintains their contributions. (s 25)
- If a hospital provides health care to a worker claiming benefits under the WSIA, it must provide WSIB the information it requires. (s 37)
- If required, hospitals must provide and pay for transportation for the worker to a hospital or physician located within a reasonable distance, or to the worker’s home. (s 38)
- Hospitals must co-operate in the early and safe return to work of an injured worker by maintaining communication, attempting to provide suitable work based on functional abilities, providing required information to WSIB, and accommodations in the workplace unless it causes undue hardship. Re-employment obligations apply to workers with at least one year of continuous employment at the time of injury. (ss 40-41)
- Hospitals must maintain accurate records of all wages paid to employees, and must produce the records when required to do so by the WSIB or any of its officers. (s 80)
- Hospitals must calculate and pay premiums to the WSIB in accordance with the notice given by the WSIB. (ss 87 – 88)
- Hospitals must post, and keep up, a card, pamphlet or other information concerning the WSIA and general regulation as the WSIB may provide to the hospital. (O Reg 175/98)
- Hospitals also have requirements under Reg 1101 (First Aid Requirements) under the Act, which vary depending on the number workers employed during a shift. (Reg 1101)
- Hospitals must notify the WSIB within three days of learning of an employee’s accident that requires notice to be provided. A copy of the notice must be provided to the employee at the same time. (s 21)
- Hospitals must register with WSIB within 10 days of becoming a Schedule 1 employer, provide wage and classification information as required, and notify the WSIB of any status changes or material changes within 10 days. (ss 75-77)
- On or before the date set by the WSIB, hospitals must submit an annual statement to the WSIB setting out the total wages earned by workers during the preceding year and any other requested information. (s 78)
The Act sets out various offences and penalties, which includes a person knowingly making a false or misleading statement or representation to the WSIB in connection with a claim for benefits under the insurance plan. Additionally, an employer who willfully fails to inform the WSIB of a material change in circumstances (in connection with a relevant obligation under the Act) within 10 days after the change occurs is guilty of an offence. (ss 149-158)
If a corporation commits an offence under the Act, every director who “knowingly authorized, permitted or acquiesced in the commission of the offence is guilty of an offence, whether or not the corporation has been prosecuted or convicted”. (s 157) A person who is convicted of an offence is liable to a fine not exceeding $25,000 or to imprisonment not exceeding six months, or both. (s 158)
For more information about the WSIA, please refer to the following resources:
