ONTARIO: IT and Business Consultants amendments to the Employment Standards Act, 2000 in effect now!

If you’re in the IT or Business Consulting space you need to be aware of these changes

It may actually mean now is the time to make some of those contractors into employees, rather than just having them treated that way by the Ontario Employment Standards Act (ESA).

The Ontario government’s second Working For Workers Act, 2022 was passed on April 7, 2022 and makes amendments to the Employment Standards Act, 2000 (“ESA”) that relate to the status/classification of IT Consultants and Business Consultants.  These changes came into effect as of January 1, 2023.

The amendments specifically indicate that ‘business consultants’ and ‘information technology consultants’ are exempt from the application of the ESA if certain conditions are met.  The ESA provides broad definitions of these two categories….