Empowering Ontario's Workforce: Legislation Transforming Hiring, Pay Equity, and Immigration Eligibility

Written By Nhi (Rachel) Ho and Mathusha Kugathasan

As concerns regarding workplaces rises, Ontario has planned to take action through implementation of new legislation to combat workplace struggles. According to Statistics Canada, 19% of women and 13% of men reported that they had experienced harassment in their workplace in the past year. Workplace harassment includes verbal abuse, humiliating behaviour, threats to persons, physical violence, and unwanted sexual attention or sexual harassment. Workplace harassment has been an ongoing issue for workers for decades and there are many issues regarding transparency during the hiring process within the workplace that unequally impacts marginalized populations. In fact, Statistics Canada reported that in 2021, women aged 25 to 54 earned 89 cents for each dollar earned by men, showcasing significant pay disparities, especially among racialized and Indigenous communities. In recent news, there is hope for change with these common workplace challenges. Below, we’ll explore a list of the new changes Ontario plans to introduce to tackle these issues: 

Requiring Employers to Disclose Salary Range in Job Postings

Ontario is the most recent province to introduce legislation regarding the disclosure of salary ranges in job postings. This legislation is specifically for job postings that pay $100,000 or less. Labour Minister David Piccini states "Including salary ranges with job postings can help close the gender pay gap, while allowing companies to find qualified candidates faster and improve retention, helping tackle the labour shortage". Allowing prospective employees to access the salary range beforehand ensures that workers are not underpaid for their work before they begin the job. Other provinces have also taken a lead on bridging the pay equity gap with British Columbia first introducing legislation in March requiring salary ranges on job postings. Prince Edward Island  also introduced this legislation last year. As more and more provinces implement this legislation in their areas, there is an increased movement towards transparency regarding wages. 

Full Transparency of Utilizing AI in The Hiring Process

Ontario is also planning on implementing a new law that discloses whether AI is used in the hiring process. This would make them the first province to implement this legislation. According to Statistics Canada, in Ontario, almost 7% of all businesses were planning to adopt AI over the next year. AI is becoming a significant resource for many companies as a resource to use to decrease costs and make operations more efficient. When it comes to the hiring process, AI is utilized to select qualified candidates for the position within the company. However, discrepancies within the candidates AI selects can be prevalent, such as overlooking qualified workers or introducing new biases. 

Banning The Utilization of NDA Involved in Workplace Sexual Harassment

The government says seven in 10 workers have reported experiencing a form of harassment or violence in their workplace, with the rates even higher for women and gender-diverse people. Non-disclosure agreements (NDAs) have been used to silence victims of workplace sexual assault and harassment. To ensure this issue is solved, Ontario is introducing a new legislation to ban the use of NDAs in workplace sexual harassment cases. With this legislation, Ontario plans to decrease the amount of sexual harassment in places of work. 

Eliminating the Requirement for Canadian Work Experience From Employer Requests 

Ontario is set to introduce legislation to eliminate the requirement for Canadian work experience from employer requests and ease immigration eligibility for international graduates of one-year college programs, allowing them to qualify for permanent residence. The changes, expected in 2024, aim to remove barriers for newcomers and contribute up to $100 billion to the province's GDP over five years. Starting December 1, over 30 professional licensing bodies and employers will be barred from using Canadian work experience in licensing and job postings. 

Easing Immigration Eligibility For International Graduates  

Ontario's immigrant nominee program will be revised to welcome more international students, permitting graduates of one-year programs to qualify. The legislation also addresses the overqualification issue, ensuring newcomers secure well-paying careers. Additionally, regulations on assessing international qualifications for professions like accountants will be enhanced for a "fast, transparent, and fair" process. Compliance time will be granted to employers and regulators for these changes.

Takeaways

Ontario's new workplace initiatives show commitment to a more equitable workspace for newcomers and marginalized populations. A diverse workforce in Canada not only eases access to fulfilling opportunities but it also drives innovation, productivity, and talent attraction, which ultimately boosts economic growth on a national scale. At the Green Career Centre, we are committed to advocating for the most marginalized groups including BIPOC, newcomers and women in pursuing employment in the sustainability field. Keep up with us at our upcoming events, including a Sustainable Jobs Plan Webinar, How to Get Paid to Pursue Your Passion Workshop, and our annual Green Career Fair.


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