Ontario to pass “disconnect from work” legislation

Bill 27, Working for Workers Act, 2021, was introduced by the Ontario government on October 25, 2021. Among other things, the Bill amends the Employment Standards Act, 2000 to impose a requirement on employers that employ 25 or more employees to have a written policy with respect to disconnecting from work (defined as not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages). 

RCC has been engaging with the Ministry of Labour on this issue and we understand that the legislation is tracking to be passed in December 2021, but that a Proclamation date will be set for a future date after Royal Assent. Many of the details are yet to be finalized and we have been assured that RCC will be invited to present at the upcoming Committee hearings which are expected to be held in mid-November. At this point, we believe that the government’s intent is to draft the regulations in a manner that is not draconian or overly prescriptive. The goal is for a flexible system that will allow employers to exercise their discretion as to what makes sense for the company.