Bill 192: What Employers Need to Know Now - HR Insights

Another wave of change is on the horizon for Ontario employers. The provincial government’s latest piece of labour legislation, Bill 192, also known as the Working for Workers Five Act, has officially passed its second reading. While this doesn’t mean it’s law yet, it’s a clear signal that businesses need to pay close attention to the proposed changes ahead.

This bill continues the government’s multi-year focus on updating the Employment Standards Act (ESA) and other workplace laws. For HR managers and business owners, understanding these proposals is the first step toward proactive compliance. Let’s break down what’s inside Bill 192 and what it could mean for your operations.

What is the Working for Workers Five Act?

As the name suggests, this is the fifth piece of legislation in the “Working for Workers” series. These bills have historically introduced significant changes, like the right to disconnect and bans on non-compete clauses. Bill 192 aims to continue this trend by addressing modern workplace issues, including the rise of artificial intelligence in hiring and streamlining sick leave documentation.

Passing a second reading means the bill has been approved in principle by the legislature. It now moves to a committee for detailed review, where amendments can be made. This is a critical stage before it returns for a third and final vote. It’s the perfect time for employers to get informed.

Key Changes Employers Must Watch in Bill 192

While the bill contains several proposals, a few key items stand out for their potential impact on daily HR practices.

Artificial Intelligence (AI) in Hiring

One of the most talked-about changes is the new requirement for transparency when using AI in recruitment. If passed, employers will have to disclose if they are using artificial intelligence to screen, assess, or select applicants for a publicly advertised job posting.

This is a direct response to the rapid adoption of AI-powered tools in talent acquisition. The goal is to provide candidates with more information about the hiring process. For employers, this means you’ll need to:

Inventory your recruitment software to identify where AI is being used.
Prepare clear language to include in your job postings about its use.
Ensure your AI tools are being used ethically and without introducing bias, as this disclosure will bring more scrutiny.

New Rules for “Sick Notes”

Another major change targets the administrative burden of sick leave. The bill proposes to prohibit employers from requiring a doctor’s note to verify an employee’s eligibility for the three days of statutory sick leave under the ESA.

This doesn’t mean employers have no recourse. The proposal still allows an employer to ask for “other reasonable evidence” to confirm the leave. What “reasonable” means will likely be defined in future regulations, but it could include things like a signed attestation from the employee or a receipt from a pharmacy. This change aims to reduce the strain on the healthcare system and make it easier for employees to use the leave they are entitled to.

Expanding on Previous ‘Worker’ Protections

Bill 192 also builds on foundations laid in previous acts. It proposes to further restrict the use of “Canadian experience” as a requirement in job postings, extending the principle to more regulated professions. It also includes new rules around health and safety, requiring employers to consult with their joint health and safety committee (JHSC) when implementing new technologies that could impact workplace safety.

“Staying ahead of legislative changes like the Working for Workers Five Act isn’t just about compliance; it’s about building a modern, transparent, and fair workplace.”

Why This Matters for Your Business

In recent months, Ontario employers have already had to adapt to several evolving HR regulations — from minimum wage increases to pay transparency reporting. Our post, Ontario Minimum Wage Increase: What Employers Need to Know, outlines how these incremental adjustments can have ripple effects on budgeting and workforce planning. When viewed alongside Bill 192, it’s clear that staying proactive rather than reactive is becoming a strategic advantage for employers.

Another key area intersecting with Bill 192’s focus on modern workplaces is mental health and employee well-being. In Mental Health Accommodation in the Workplace, we explore how supporting psychological safety and flexibility isn’t just a legal requirement but a business imperative. Together, these initiatives reflect a broader shift in Ontario’s employment landscape — one that rewards transparency, empathy, and compliance readiness.

These proposed changes, while not yet law, signal a clear direction from the Ministry of Labour. The focus is on increasing transparency, reducing administrative barriers for employees, and adapting laws to the modern workplace. Ignoring these trends can lead to last-minute policy scrambles and potential non-compliance down the road.

The proposal on AI disclosure, for instance, will fundamentally change recruitment communication. Your job postings, career pages, and even initial email communications may need to be updated. Similarly, the shift away from doctor’s notes requires a careful review of your attendance management policies and employee handbooks. Proactive employers will use this opportunity to build trust and position themselves as modern, employee-centric organizations.

What Ontario Employers Should Do Next

While we wait for the final version of the bill, you can take concrete steps to prepare your business. The proactive work you do now will make implementation much smoother once the Working for Workers Five Act receives Royal Assent.

Audit Your Hiring Process: Begin mapping out your recruitment and selection workflow. Identify any software or tools that use AI or automation to screen resumes or assess candidates. Start thinking about how you would disclose this information clearly and concisely in your job postings.
Review Your Sick Leave Policy: Examine your employee handbook and any attendance management policies. Pinpoint all language that requires a “doctor’s note” or “medical certificate” for ESA-protected sick days and prepare to replace it with more flexible language like “reasonable evidence.”
Stay Informed and Plan for Training: Keep monitoring the bill’s progress through the legislative committee. As the details are finalized, plan to train your managers and HR team on the new rules, particularly on how to handle sick leave requests and what constitutes “reasonable evidence.”

Navigating these continuous legislative updates can be challenging. The team at Divino is here to help you stay ahead of the curve, ensuring your policies are not only compliant but also effective for your workforce.

Need help navigating HR changes? Book your free HR audit today or speak with our team about how Divino can support your business.