Do you have all the legally required HR policies for Ontario and Canadian law?
Check your compliance with our 2026 Checklist for Legally Required HR Policies in Ontario.
Every year, thousands of small and medium-sized businesses are launched in Ontario, many without prior experience in Human Resource management. While HR experience isn’t required to run a business, Ontario law mandates that certain HR policies be in place. Missing these can lead to fines, legal disputes, and compliance issues.
Our checklist covers all the mandatory HR policies your business needs to stay compliant, protect your employees, and reduce legal risk. From employment standards to health and safety, privacy, accessibility, and more, we’ve compiled everything you need to ensure your HR practices meet provincial requirements.
Don’t guess if you’re compliant — download our FREE 2026 HR Compliance Checklist for Ontario businesses today and make sure you have all the essential policies in place.
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Ontario Regulations That Define Mandatory HR Policies
Employment Standards Act
The Employment Standards Act, 2000 sets out the minimum standards for employment in Ontario. It outlines general requirements for employers, their hiring practices, and how they manage their staff.
Some of what the Employment Standards Act (ESA) covers includes: hours of work, minimum wage, overtime pay, vacation entitlements, public holidays, and termination notice. Not every aspect of the act requires a written HR policy, but it’s important to familiarize yourself with the act to ensure compliance.
Employees can file a claim against the business for not following the ESA, and maximum fines for first time offenses are up to $100,000.
Occupational Health and Safety Act
The Occupational Health and Safety Act, 1990 was created to prevent workplace injuries and accidents. It outlines the obligations of an employer to create a safe working environment.
Some Ontario businesses will disregard this act, assuming that it applies mostly to high-risk industries (construction, manufacturing.etc). But the Occupational Health and Safety Act applies to all Ontario businesses, regardless of if the work environment has inherent safety risks or not.
Employees can file a claim against the business for not following the OSA, and businesses found liable face fines up to $2,000,000.
Accessibility for Ontarians with Disabilities Act
The Accessibility for Ontarians with Disabilities Act, 2005 requires businesses to create inclusive workplaces for people with disabilities. It applies to not just employees, but also customers. As an employer, it’s your responsibility to create an accessible workplace. At H2R, we’re experts at helping businesses be proactive by turning compliance into confidence with our AODA Assessments.
Businesses found liable for not following the AODA face fines up to $100,000 per day of non-compliance.
Personal Information Protection and Electronic Documents Act
The Personal Information Protection and Electronic Documents Act, 2000 (PIPEDA) is a law that regulates how businesses handle sensitive information given by employees (such as a SIN number, banking information.etc). PIPEDA ensures that employers take the proper steps and precautions to protect employee information.
Businesses found liable for not following PIPEDA can be fined up to $100,000 CAD for each violation.
Every Legally Required HR Policy in Ontario
The following are HR policies required for all employers in Ontario:
Occupational Health and Safety Policy
Business owners with six or more employees must have a written Occupational Health and Safety policy visible in the workplace. Additionally, employers must establish a program to train employees on health and safety and put the policy in action. Employers are required to review their health and safety policy with their staff annually.
If you don’t know how to write an Occupational Health and Safety Policy — we can help!
Common Occupational Health and Safety Policy Questions:
What do I need to comply with the Occuptational Health and Safety Act?
To comply with the Occupational Health and Safety Act in Ontario, you need to take reasonable steps to keep your workplace safe. This includes identifying and controlling hazards, providing proper training and supervision, and making sure workers know their rights and responsibilities. Most workplaces must also have a health and safety policy, conduct regular inspections, and follow reporting requirements for injuries and incidents. Depending on your size and industry, you may also need a Joint Health and Safety Committee or a health and safety representative.
Is it mandatory to have a health and safety policy in Ontario?
Yes. In Ontario, every employer with at least five regularly employed workers must have a written health and safety policy. They must also review it each year and post it where employees can easily see it. Employers with fewer than five workers are not required to put the policy in writing, but they still need to keep a safe workplace and follow the Occupational Health and Safety Act.
How many employees before health and safety policy required?
Any business with 6 or more employees is legally required to have a written Occupational Health and Safety policy visible within the workplace. It is highly recommended that businesses with 5 or less build a policy, but it is not legally required.
Workplace Violence and Harassment Policy
Both a workplace harassment policy and workplace violence prevention policy are required for Ontario businesses, regardless of size. Employers must review their workplace violence and harassment policy with their staff annually. These policies need to clarify what is considered workplace violence and harassment clearly while explaining how the business will prevent and respond to it.
For Ontario businesses with six or more employees, the workplace violence policy and workplace harassment policy needs to be visible in the workplace.
Don’t know where to start? Our experienced HR experts will help you draft a Workplace Violence and Harassment Policy!
Let Our HR Experts Write Your Legally-Mandated Work Policies!
Common Workplace Violence and Harassment Policy Questions:
What responsibilities do employers have regarding the Workplace Violence and Harassment Policies?
The employer has a responsibility to develop, manage, and apply a policy or program. They must conduct risk assessments, provide team training, investigate complaints from staff promptly, communicate investigative results, implement preventative measures, and take reasonable precautions against violence .
What rights & responsibilities do employees have regarding the Workplace Violence and Harassment Policies?
Employees have the right to work in a safe workplace, and also the right to refuse work that is unsafe. Employees are also expected to report incidents in the workplace, and cooperate with any investigations by employers that are required.
How many employees do I need before a workplace violence and harassment policy is created?
In Ontario, businesses are required to have a workplace violence & harassment policy visible within the workplace. However, these policies are required to be present at all businesses in Canada, regardless of size.
Does H2R do any work surrounding workplace violence and harassment safety or policies?
Yes we do! We help many businesses build and manage their workplace violence and harassment policies in addition to helping build proactive programs and providing training surrounding violence and conflict resolution. Feel free to contact us today to see how we can help you!
Pay Equity Policy
As part of the Pay Equity Act, Ontario employers are required to follow pay equity standards with a pay equity plan. This applies to all employers except for those in the private sector with less than ten employees.
As for a written pay equity policy, businesses with 100+ employees must have one drafted and available in the workplace.
Common Pay Equity Policy Questions:
What is a pay equity policy?
A pay equity policy is a policy that requires and ensures fair and equal pay for work of fair and equal value regardless of gender or sexuality. Pay equity policies are in place to ensure fair and equal compensation, as well as address the root causes of gender-based pay gaps.
Is there a federal and provincial pay equity act?
There is pay equity legislation at both the federal and provicnial level here in Canada. For example, there is the Pay Equity Act – mandating pay equity for federally regulated workplaces with 10 or more employees – at the federal level. In Ontario, we also have the provincially mandated Pay Equity Act that also requires proactive measures.
Who does the pay equity act apply to?
The federal pay equity act applies to all federally regulated employers with 10 or more employees. This includes all federally-regulated public-sector employees like Armed Forces, as well as any federally-regulated private-sector employer like banking institutions. The provincial pay equity act varies depending on province, but Ontario’s Pay Equity Act covers all employers in both the public- and private-sector with 10 or more employees.
Accessibility Policy
You’ll need an accessibility policy which outlines your business’s commitment to create an accessible environment. An accessibility policy for employees is required, as well as a customer-facing accessibility policy.
Ontario businesses with more than 50 employees must have their accessibility policies visible for customers and employees. Additionally, these larger businesses need a plan for accessibility which includes actionable steps they’ll take to make the environment more inclusive for employees.
Common Accessibility Policy Questions:
What is an accessibility policy?
An accessibility policy is a federally required policy that aims to identify, remove, and prevent barriers people with disabilities have in the workplace. It has been federally required since the Accessible Canada Act was passed in 2019.
What are the 5 AODA mandatory standards?
Ontario’s Accessibility for Ontarians with Disabilities Act outlines five key areas that organizations must follow: customer service, employment, information and communication, public space design, and transportation. Together, these standards are meant to help the province become more accessible by spotting barriers and taking action to remove or prevent them.
Why is it important to have an accessibility policy?
Having an accessibility policy is important because it shows a clear commitment to making services and workplaces open to everyone in Ontario. It helps organizations follow AODA requirements and ensures staff understand how to remove barriers for people with disabilities. A good policy also builds trust and supports fair, equal access for all.
Privacy Policy
If a business collects personal information, they’re required to have a privacy policy. The policy should outline what specific information is collected, why it is collected, who the information can be shared with, and how it is protected. This applies to almost every Ontario business, as employers must collect an employee’s social insurance number for tax purposes.
Common Privacy Policy Questions:
Is a privacy policy required in Canada?
Yes. In Canada, organizations that collect, use, or share personal information must have a privacy policy. This is required under federal privacy law (PIPEDA) and, in some provinces, under their own private-sector privacy laws. A privacy policy explains what information you collect, why you collect it, how it is protected, and how people can access or request changes to their information. Having one is essential for legal compliance and for building trust with customers.
What is legally required in a privacy policy?
A privacy policy in Canada must explain how an organization collects, uses, and discloses personal information. Under PIPEDA and similar provincial laws, the policy must state what information is collected, the purpose for collecting it, how consent is obtained, and how the information is stored and protected. It must also explain how individuals can access their personal information, request corrections, or file complaints. Finally, it should identify who within the organization is responsible for privacy matters and how people can contact them.
Can I write my own privacy policy?
Yes, you can write your own privacy policy in Canada. There is no rule that says it must be drafted by a lawyer or HR professional. However, privacy laws like PIPEDA and various provincial acts can be complex, and a policy must meet specific legal requirements. Because of this, it is recommended that you work with an HR professional like H2R to make sure your policy is accurate, compliant, and protects your organization properly.
Do I need a lawyer to write a privacy policy?
No, you do not need a lawyer to write a privacy policy in Canada. However, it can be beneficial to have an HR professional create it instead, since they are often familiar with privacy requirements and workplace practices. This helps ensure the policy meets legal standards while staying practical and easy for your organization to follow.
Disconnecting from Work Policy
Employers with 25+ employees must have a written disconnecting from work policy. The requirements for disconnecting from work are a recent addition to the Employment Standards Act (ESA) and have been in place since 2021.
The content of this policy will vary, as employers aren’t required to give employees the “right” to disconnect from work. Instead, the policy basically outlines the employer’s stance and expectations when it comes to responding to work communications after-hours.
Common Disconnecting from Work Policy Questions:
How many employees does a business have before they need a disconnecting from work policy?
In Ontario, employers with 25 or more employees are required to have a written policy on disconnecting from work that applies to all staff.
Does the disconnecting from work policy require employers to not contact employees after a set time?
No. Bills 27 and 88 in Ontario require companies with 25 or more employees to create and adhere to a disconnecting from work policy. This does not mean all employees have a set time to disconnect, but rather that a company has the ability to set this timing then adhere to it.
Electronic Monitoring Policy
A written electronic monitoring policy is required for businesses that do any form of employee tracking or surveillance. The policy should explain how and when employee monitoring happens and why they are being monitored. This regulation only applies to businesses with 25+ employees.
Common Electronic Monitoring Policy Questions:
What is an electronic monitoring policy?
An electronic monitoring policy is a document that explains how an organization tracks or observes employees’ use of technology, devices, or systems at work. It outlines what is being monitored, why it is done, how the information will be used, and how employee privacy will be protected. The policy helps ensure transparency, sets expectations, and keeps the organization compliant with privacy and employment laws in Ontario.
What are the key components of an electronic monitoring policy?
In Ontario, an electronic monitoring policy should clearly explain how and why employee monitoring is conducted. Key components include:
- Purpose – Why monitoring is being done, such as for security, productivity, or compliance.
- Scope – What types of monitoring will occur, including devices, systems, or software.
- Methods – How monitoring will be carried out, such as video surveillance, computer tracking, or email review.
- Privacy Considerations – How employee privacy will be protected and any limits on monitoring.
- Access and Use of Data – Who can access the collected information and how it will be used or stored.
- Employee Notification – Informing employees that monitoring is taking place and outlining their rights.
Having these elements ensures the policy is transparent, legally compliant, and respects employee privacy while allowing the organization to monitor appropriately.
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