Just when Ontario employers had settled into the rhythm of the province’s “Right to Disconnect” legislation, the ground is starting to shift. On Friday, the Ministry of Labour announced it is consulting on proposed amendments to the Employment Standards Act (ESA) that would introduce stricter, more detailed, and enforceable rules for disconnecting-from-work policies.
For many business owners and HR managers, the original law, which took effect in 2022, felt more like a suggestion than a strict mandate. It required employers with 25 or more staff to have a written policy but left the contents almost entirely to their discretion. Now, it seems the government is ready to add some teeth to this well-intentioned legislation, aiming to truly protect employees’ personal time and improve work-life balance across the province.
From Policy Guideline to Enforceable Standard
When the Right to Disconnect law was first introduced, its main function was to start a conversation. It prompted companies to think about after-hours communication and set basic expectations. However, with no prescribed content and no penalties for a weak or non-existent policy, its real-world impact was limited. Many critics pointed out that a policy could technically comply with the law while offering no genuine protection to employees.
The new proposals aim to change that. The Ministry is looking to move from a simple requirement to have a policy to mandating what that policy must contain. This signals a significant shift towards creating a tangible, enforceable right for employees, moving Ontario closer to models seen in parts of Europe.
What’s Changing? A Closer Look at the Proposed Rules
While the full text of the amendments is still under review, the consultation announcement highlighted several key areas where the government intends to strengthen the Ontario Right to Disconnect rules. The goal is to eliminate ambiguity and ensure every policy is both clear and meaningful.
Mandatory Content for Policies
Under the new framework, simply having a document titled “Right to Disconnect Policy” will no longer be enough. The proposed changes would require all policies to explicitly define:
- Expectations for Response Times: Policies must set clear timelines for responding to emails, calls, or messages received outside of an employee’s normal working hours.
- Conditions for Contact: Employers will need to specify the limited and urgent circumstances under which an employee can be contacted after their shift ends. This helps differentiate between a genuine emergency and a routine matter.
- Employee Rights: Policies must clearly state that employees are not required to monitor or respond to communications after hours, except in the specific situations outlined, and that there will be no reprisals for doing so.
This move is a direct response to feedback that the original legislation lacked the clarity needed to effect real change in workplace culture. As of 2024, a survey by the HRPA noted that nearly 45% of employees in Ontario still felt obligated to check work messages after hours, indicating that the initial policies were not achieving their intended purpose.
“True disconnection isn’t just about having a policy; it’s about building a culture where rest is respected. These new proposals push employers to be intentional about that culture.”
Introducing a Complaint-Based Enforcement System
Perhaps the most significant change is the introduction of an enforcement mechanism. The Ministry of Labour proposes to give employees the ability to file a complaint if they believe their employer is not following their own disconnecting-from-work policy or if they have faced negative consequences for exercising their right to disconnect.
This would empower Ministry officers to investigate claims and issue compliance orders. The proposal also includes specific penalties for employers who are found to have taken reprisals against an employee, bringing the Ontario Right to Disconnect rules in line with other protected rights under the ESA.
What Ontario Employers Should Do Next
These proposed changes, while still in the consultation phase, are a clear indicator of the government’s direction. For proactive employers, this is the time to get ahead of the curve rather than wait for the final legislation. A strong Ontario Right to Disconnect policy not only ensures compliance but also serves as a powerful tool for attracting and retaining talent in a competitive market.
Here are three steps you can take right now:
- Review Your Current Policy: Pull out your existing disconnecting-from-work policy. Does it meet the proposed standards? If not, start drafting revisions that include specific definitions for response times and emergency contact protocols. Be clear and unambiguous.
- Train Your Management Team: The most common point of failure for any workplace policy is at the management level. Ensure your managers understand the importance of respecting employees’ off-hours and are trained on the specific dos and don’ts of after-hours communication. Their actions will set the tone for the entire organization.
- Open a Dialogue with Your Team: Use this opportunity to survey your employees. Do they feel pressured to stay connected? What are their expectations around work-life balance? Involving them in the process can help you craft a more effective and respected policy that reflects your company’s unique operational needs.
Ultimately, these stricter rules are about fostering healthier, more sustainable workplaces. By taking these proactive steps, you can ensure your business is not only compliant but also an employer of choice.
Need help navigating HR changes? Book your free HR audit today or speak with our team about how Divino can support your business.
