All AIDS Service Organizations must understand and comply with legislation relating to employment. In Ontario, there is a robust set of legislation governing employment and regulating employer organizations. Understanding your obligations, responsibilities and legislative requirements is essential.

The HR policies and practices that your agency develops and implements must comply with legislation that governs the employment relationship. In the development of policies and procedures it’s important to take into account the laws and regulations around each issue. Some legislation provides a minimum standard, meaning that an employer organization must provide at least what’s provided for under the law, however the employer organization may opt to provide something better – commonly referred to as a greater right or benefit. In other cases, the law provides an absolute where compliance to the exact specifications of the legislation must be complied with (e.g., health and safety).

To assist organizations in monitoring compliance the attached legislation self-audit (found on the right) can be used to get a better understanding of your current knowledge of laws that apply to your agency and where gaps may exist.

Also in this section you’ll find the posting requirements, legal updates and some PowerPoint slides that you can use or adapt for your agency. Some of the laws that affect ASO’s include:

  • Employment Standards Act, Ontario (ESA)
  • Ontario Labour Relations Act (OLRA)
  • Ontario Human Rights Act
  • Occupational Health & Safety Act (OHSA)
  • Pay Equity Act
  • Accessibility for Ontarians with Disabilities Act (AODA)

 

Employee Standards Act (ESA)

The Employment Standards Act, Ontario, outlines the mandatory minimum standards for employees working in the province (and that are not covered under Federal legislation or a specific Act). ESA provides for minimum standards and employer organizations and employees are prohibited from contracting out of such minimums (e.g., an employee cannot agree to work for less than minimum wage). Employer organizations can provide something better than the minimum standard which becomes a greater right or benefit the employee is then entitled to (eyou’re your agency may provide an additional statutory/paid holiday).
Employment standards are enforced by the Ministry of Labour in Ontario.

Ontario Labour Relations Act (OLRA)

Joining a union is a legally protected right. OLRA governs the relationship between unions and employers in most Ontario workplaces. Among other things, it covers the process for bringing a union into a workplace (organizing) and negotiating a first contract (collective bargaining). It defines your rights and responsibilities, and those of employers and unions. It guarantees your right to join the union of your choice and to be an active member in that union.

Human Rights Code

The Ontario Human Rights Code is a provincial law that gives everybody equal rights and opportunities without discrimination in specific social areas such as jobs, housing, services, facilities, and contracts or agreements. The Code’s goal is to prevent discrimination and harassment because of race, sex, disability, and age, to name a few of the 17 grounds. All other Ontario laws must agree with the Code.

Human Rights Code – The Ontario Human Rights Code is a provincial law that gives everybody equal rights and opportunities without discrimination in specific social areas such as jobs, housing, services, facilities, and contracts or agreements. The Code’s goal is to prevent discrimination and harassment because of race, sex, disability, and age, to name a few of the 17 grounds. All other Ontario laws must agree with the Code.

The Human Rights Code can be found at:
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h19_e.htm

For more information, please visit:
http://www.ohrc.on.ca/en/ontario-human-rights-code

Occupational Health & Safety Act (OSHA) – OHSA is Ontario’s cornerstone legislation for workplace health and safety. The main purpose of the Act is to protect workers from health and safety hazards on the job. It sets out duties for all workplace parties and rights for workers. It establishes procedures for dealing with workplace hazards and provides for enforcement of the law where compliance has not been achieved voluntarily.

The Occupational Health and Safety Act can be found at:
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90o01_e.htm

For more information, please visit:
http://www.labour.gov.on.ca/english/hs/index.php

Pay Equity Act – Ontario has legislation called the Pay Equity Act to ensure that women and men receive equal pay for performing jobs that may be very different but are of equal value. This means that the work is similar enough that it could reasonably be considered to fall within the same job classification. The jobs do not have to be identical in every respect, nor do they have to be interchangeable. For more information, please click on the links below.

The Pay Equity Act can be found at:
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p07_e.htm

For more information, please visit:
http://www.labour.gov.on.ca/english/es/pubs/guide/equalpay.php

Accessibility for Ontarians with Disabilities Act (AODA) – The Accessibility for Ontarians with Disabilities Act, 2005 is a statute enacted in 2005 for the purpose of improving accessibility standards for Ontarians with physical and mental disabilities to all public establishments by 2025. Some employers began taking steps to bring their organizations into compliance in 2005 and mandatory compliance began with the Customer Service Standard effective January 2010.

Human Resources