The Ontario Digital Platform Workers’ Rights Act, 2022[1] (the “Act”) and O. Reg. 344/24 (the “Regulation”), came into force on September 5, 2024 and will take effect on July 1, 2025. The Act sets out a minimum wage, job security standards, and other rules for digital platform work in Ontario, and follows similar legislation in British Columbia which came into effect on September 3, 2024.[2]
Application
The Act applies to a worker who performs “digital platform work” in Ontario.[3] “Digital platform work” is the provision of ride share, delivery, or courier services by a worker who is offered work assignments by an operator through the use of a digital platform. The “operator” is the entity that facilitates the performance of digital platform work through the digital platform.
Minimum wage
The Act will require a digital platform operator to pay a worker at least the minimum wage set out in the Employment Standards Act, 2000. Compliance with minimum wage may be determined on a pay period basis, based on the number of hours the worker spent performing work assignments during the pay period. Tips and other gratuities, contributions to a benefit plan, and/or discretionary gifts or bonuses are not included in determining compliance with the minimum wage requirement.
Job security standards
Before removing a worker’s access to a digital platform, the operator must provide the worker with a written explanation of why access was removed. If the worker’s access is removed for a period of 24 hours or longer, the operator must provide the worker with two weeks’ written notice of the removal, subject to certain exceptions. Notice is not required if the worker was removed because of wilful misconduct, public safety concerns, or if required by law. A digital platform operator is also prohibited from retaliating against a worker for exercising a right under the Act.
Access to information
Within 24 hours after a worker is given access to an operator’s digital platform, the operator must provide certain information in writing, including:
- A description of how pay for digital platform work is calculated
- Whether tips or other gratuities are collected by the operator and, if so, how
- The factors considered when determining whether a work assignment is offered to a worker and a how those factors are applied
- Whether the digital platform uses a performance rating system, and details regarding the consequences of a worker’s performance rating.
Record keeping
The Act requires a digital platform operator to main a record of certain information for each worker, including the worker’s name and address, date the worker joined the platform and/or was removed from the platform, and dates and times of each work assignment.
Dispute resolution
All work-related digital platform disputes between an operator and worker must be resolved in Ontario.
Enforcement and compliance
The Ontario government will appoint compliance officers to enforce the Act and Regulation. A digital platform work compliance officer will have investigation and inspection powers. A digital platform worker can file a complaint with the Ministry of Labour, Immigration, Training and Skills Development alleging the Act has been contravened.
To learn more and for assistance, contact your Sherrard Kuzz lawyer or our team at info@sherrardkuzz.com.
The information contained in this presentation/article is provided for general information purposes only and does not constitute legal or other professional advice, nor does accessing this information create a lawyer-client relationship. This presentation/article is current as of September 11, 2024 and applies only to Ontario, Canada, or such other laws of Canada as expressly indicated. Information about the law is checked for legal accuracy as at the date the presentation/article is prepared but may become outdated as laws or policies change. For clarification or for legal or other professional assistance please contact Sherrard Kuzz LLP.
[1] SO 2022, c 7, Sched 1.
[2] For more information on the British Columbia legislation, see our briefing note from July 30, 2024.
[3] The Act also applies when a worker is working outside of Ontario, if the work outside of Ontario is a continuation of work performed in Ontario.
