AI in the Hiring Process – Legislative Changes and Risks for Employers to Consider

Proposed new job posting requirements regarding AI disclosure

The Ontario government recently introduced Bill 149 – Working for Workers Four Act, 2023 which includes planned amendments to the rules regarding job postings in the Employment Standards Act. The planned amendments include a requirement that employers disclose the use of artificial intelligence (“AI”) in the hiring process. The specific language proposed for this amendment in Bill 149 is as follows:

AI in the Hiring Process - Legislative Changes and Risks for Employers to Consider

Every employer who advertises a publicly advertised job posting and who uses artificial intelligence to screen, assess or select applicants for the position shall include in the posting a statement disclosing the use of the artificial intelligence. Regardless of whether or not the bill is passed, the suggested amendment is noteworthy simply for the fact that it’s early (at least in the employment law sphere) Canadian legislation regarding AI.  It represents an acknowledgement of the potential risks for employees and employers that will need to continue to be assessed, and it has been prepared in line with the province’s stated priorities from its Trustworthy Artificial Intelligence (AI) Framework (the “Framework”).

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British Columbia Becomes The Second Province with Pay Transparency Legislation

On November 1, 2023 British Columbia’s new Pay Transparency Act (“Act”) took effect, which requires employers throughout British Columbia to post expected salary ranges for job postings. Notably, as explained by the British Columbia government in a guidance document, this requirement will also apply to postings for remote positions if the position is open to candidates in British Columbia, among other locations. 

Pay Transparency

British Columbia is now the second province in Canada with such legislation in effect following Prince Edward Island in 2022. Ontario may also follow suit with the Minister of Labour, Immigration, Training and Skills Development recently announcing the intent to introduce legislation next week regarding pay transparency. As details emerge and if the legislation progresses toward becoming law in Ontario, we will keep you informed.

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Practical Tips on How Employers Can Meet Their Joint Health and Safety Committee Obligations

In Ontario, employers must abide by the Occupational Health and Safety Act (OHSA) to ensure the safety of their workplace and workers. One legal requirement under OHSA that we often get questions about is an employer’s obligations around the Joint Health and Safety Committees (JHSC). Here are some practical tips for employers to meet these obligations. 

Practical tips for meeting JHSC obligations in Ontario

How to build your Joint Health and Safety Committee? 

The number of employees your workplace has will determine the size of your committee. For this blog, we will focus on workplaces that are over 20 employees but under 50 employees, indicating that your JHSC needs to be made up of two members. One worker member and one management member. The worker member must be selected by their fellow workers and is typically someone who is a good role model and has shown an interest in the health and safety of the workplace. The management member must be selected by the employer and should have similar interests. At least one of the members from each category must be certified, meaning they have completed mandatory certification training. The names and work locations of the members must also be posted at your workplace. 

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