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Staying on top of the 2026 changes to Employment Standards
Editorial by Christian Saint Cyr
National Director / Canadian Job Development Network
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This past summer, I was advising a young person who was debating whether to take a job where they would be an 'extra staff-member' and the employer would decide day-by-day whether their services were required.
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This person was debating whether the job and the two hour commute was worth it or should they continue their job search to find something more secure and closer to home.
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They had been told by the employer, if they show up for work and they're not needed, the employer would just send them home and only pay the two hours required under employment standards legislation.
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This took place in British Columbia and most employers are under the impression they are only required to pay for two hours, if they send people home early, but this is not completely correct.
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The actual employment standards stipulate, "an employee who is scheduled for 8 hours or less, must be paid for a minimum of 2 hours even if the employee works less than 2 hours."
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But, if work stops for a reason beyond the employer’s control, the employee must be paid their minimum daily pay or the actual time worked, whichever is longer.
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Also, the act also clarifies, "an employee who is scheduled for more than 8 hours, must be paid for a minimum of 4 hours even if the employee works less than 4 hours."
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And yet, if you ask most small employers in BC, they'll say they are only responsible for two hours pay and leave it at that.
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Of course, those are the employers who are even aware of this responsibility and don't just send people home who aren't needed without paying them.
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One of the things I most struggled with as a job developer was how many employers have only a passing understanding of the employment laws and what is expected of them.
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I remember one career development leader discussing this and she said most small business owners get into a field such as catering, opening an auto shop or working as a construction tradesperson and they simply do not have the training or skills necessary in recruiting, training and supervising a workforce.
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This said, I don't think it serves us in job development to be hitting employers over the head about where they are falling short of employment standards but I certainly think we can be a resource employers turn to when they are looking for more information.
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In the past few years, provinces and territories across the country, as well as the federal government, have enacted new labour legislation to protect workers. Whether governments are Conservative, Liberal or New Democratic, there seems to be a prevailing understanding that it is not only popular to enact more worker-friendly legislation but it's also a necessity when growing their future workforce.
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According to the Canadian Occupational Projection System, less than 50% of our future workforce growth is going to come from young people entering the workforce for the first time. Barely 25-35 per cent of our workforce needs will come from immigrants and that means the other 15-25 per cent will need to come from engaging people who have checked out of the workforce or encouraging people to move from other provinces.
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Each province and territory is angling to be the most attractive place to live whether for young people, immigrants or those from other parts of Canada.
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In recent years, we've seen a huge surge in the minimum wage across the country when in previous years, the minimum wage would remain unchanged for long periods of time.
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In 2026 alone, we've already seen major announcements, some of which have already taken effect.
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On January 1st, Ontario enacted new pay transparency legislation requiring employers to include salary ranges in posted positions.
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Ontario's new rules stipulate the annual salary range on a posting must not exceed a gap of $50,000, unless the job pays more than $200,000, or where the top end of the range is more than $200,000.
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Pay transparency laws are gaining traction across North America, with similar rules already in place in other provinces like B.C. and Prince Edward Island, as well as parts of the U.S.
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This type of legislation is extremely popular. Data released in November from Indeed found 83 per cent of respondents across B.C., Ontario and Quebec view the changes positively.
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British Columbia brought in wage transparency several years ago and has applied it to increasingly smaller employers each year. On Nov. 1, 2026, organizations with 50 or more employees will be required to include pay ranges in their job postings and to post their annual pay transparency reports.
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The other component to Ontario's new employment legislation, which took effect on January 1st, include a requirement that employers disclose whether artificial intelligence is being used to sort, track or evaluate candidates for jobs.
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Quebec doesn’t have legislation specifically addressing AI use during job screenings, but the province’s Law 25, which was adopted in 2021, states that employers must disclose when decisions are made using automated processes, which includes AI.
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B.C. also increased unpaid, job-protected leave for serious injury or illness in late 2025, setting the stage for this to be a significant compliance consideration for organizations in 2026. The new maximum of 27 weeks per year “brings the province in line with federal standards as well as those of other provinces," according to provincial officials.
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Albertan workers can now take up to 27 weeks of leave per calendar year, instead of 16, as of this month, matching federal standards for long-term illness and injury leave.
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Saskatchewan’s new rules bar employers from asking for a sick note unless the employee has been away due to illness or injury for five consecutive working days. The province is also extended its long-term sick leave to 27 days.
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B.C. introduced a similar sick note policy in November for the first two instances when an employee is absent for five consecutive days or fewer in a calendar year.
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Manitoba is expected to introduce legislation in the spring of 2026 to axe the sick note altogether for most minor illnesses.
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The minimum wage across the country is now hovering in the $17 range, a significant increase from levels set before the pandemic.
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Nova Scotia is implementing a minimum wage boost in two stages this year: a 25-cent increase to $16.75 in April and another 25-cent bump to $17 an hour in October.
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Prince Edward Island is also increasing its minimum wage to $17 an hour in April.
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The provinces and territories aren't the only jurisdictions trying to stay on top of employment standards. Canada's federal employment standards (Canada Labour Code) are in interprovincial/international transportation, telecommunications, banking, radio/TV broadcasting, federal Crown corporations (like Canada Post), port services, pipelines, uranium mining, and some First Nations activities.
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The federal government is expected to raise its minimum wage to $18.10 in April. Other provinces that index minimum wage increases to inflation are expected to implement higher pay this year as well.
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For federally-regulated organizations, the federal government banned the use of replacement workers and changes to maintenance agreements in late 2025.
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That amendment provides up to 16 weeks of unpaid leave to carry out responsibilities related to the placement of a child into their care through adoption or surrogacy. It also ensures the eligible workers can access employment insurance benefits for adoptive parents without fear of losing their job.
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What can we take away from these rapid changes to employment standards? As new types of legislation takes effect in one province, they are likely to spread to other provinces, just as new minimum wages are spreading across the country.
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We are well into Canada's ongoing skills shortage which isn't expected to end regardless of whether the economy gets better or worse. That isn't much comfort to job seekers struggling to find employment in this economy but is certainly encouragement for people to develop new in-demand skills.
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Provinces and territories are competing for workers and residents. Employment standards legislation is a significant factor in providing employers with the workforce they need to expand or relocate.
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It's been my experience that most provinces provide incredible tools, fact-sheets, videos and explanations of employment standards online, but it's exceedingly hard to get someone on the phone or certainly have someone come out to explain these standards.
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Lawyers, on the other hand, immerse themselves in the legal precedents of what displaced workers are owed but care little for the meager offerings legislation provides. They would rather negotiate or go to court for a big payout, rather than compensate someone what they should have been paid in the first place.
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I believe there is an opportunity here to establish yourself and your organization as a local expert on employment standards. When a local media outlet, an employer group or just an individual employer is looking for insights into employment standards, they look to you to share this information.
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I would encourage you to base your knowledge specifically on the tools and resources the government provides. There is a legal aspect here, and we want to ensure we are providing the exact wording and explanations your province or territory is standing behind.
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As I said, I don't believe we're going to win over a lot of employers by wagging our finger and telling them everything they're doing wrong. This certainly isn't going to impress employers quick to skirt the rules. But for employers who are eager to be in compliance, struggling to understand the rules and run their business, this type of subject matter expertise can go far to building our trust and reputation in the community.
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Employers who want to run their business with integrity and trust are also going to be the employers most likely to support and encourage vulnerable workers trying to build their skillset in this rapidly changing labour market.
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We’ll be discussing the complex changes occurring in employment standards at our #MotivatingMondays meeting of the Canadian Job Development Network, Monday January 12th at 8:30am Pacific; 9:30am Mountain; 10:30am Central; 11:30am Eastern; 12:30pm Atlantic and at 1pm in Newfoundland.
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On the morning of Monday Jan. 12th 'Click this Link' to join the session LIVE.
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Labour Market 101 Training Modules
for British Columbia and Ontario
35% Discount Until THIS THURSDAY Jan. 15th, 2026
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It's time for our annual Labour Market 101 Training Modules. This is an excellent introduction to important LMI divided up into five different occupations:
Resource Room Advisors (Mon. Mar. 2nd);
Employment Case Managers (Tues. Mar. 3rd);
Facilitators (Wed. Mar. 4th);
Job Developers (Thurs. Mar. 5th); and
Managers / Supervisors (Fri. Mar. 6th)
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Up until this Thursday January 15th, everyone who registers is going to benefit from a 35% Discount on their registration.
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We have two series planned, one for British Columbia career professionals and another for Ontario. To learn more, click on one of these links:
BC LMI 101 Training Modules
Ontario LMI 101 Training Modules
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or to learn more, email Christian Saint Cyr, at: csaintcyr@labourmarketonline.com.
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