March 2026 Edition

 

With dozens of pieces of HR-related legislation across Canada, it can sometimes be difficult to keep up with changes. Small adjustments may be made to certain regulations, subsections, or clauses in any jurisdiction at any time, and most may go unnoticed unless you are regularly looking for them.

More significant changes, such as amendments made to Employment Standards, are often covered by the media, and are much easier to detect.

In either case, employers should take the time, at least quarterly, to review legislation changes in their jurisdictions, and if needed, adjust their human resources policies and practices to ensure they remain compliant.

The following include brief descriptions of the changes. Contact us if you would like more information on any item listed.

If you are not certain where to find key pieces of legislation for your jurisdiction, be sure to check out our Quick Access Guide to Canadian HR Legislation.

Be sure to also check our Sick Leave and Doctor's Note Requirements Across Canada Webpage to stay up to date on changes happening across Canada.

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While we cannot cover all elements of each piece of legislation that has recently changed, here are several important ones to be aware of:

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​​Federal (Canada Labour Code)

• Leave expansions continuing from late 2025

  • Significant amendments to the Canada Labour Code leave provisions took effect December 12, 2025, adding specific leaves for pregnancy loss, adoption and surrogacy placement, and enhancing bereavement leave; these remain in force in 2026 and require updated leave policies and record keeping for federally regulated employers.

• April 1, 2026 – Federal Minimum Wage Increase

  • ​The federal minimum wage increased from $17.75 to $18.10 per hour, indexed annually to inflation. Federally regulated employers must pay the higher of the federal or applicable provincial/territorial rate.

• January 1, 2026 – Equal Treatment Wage Rules

  • ​Employers may no longer pay part‑time, temporary, seasonal, or fixed‑term employees less than full‑time permanent employees performing substantially the same work under similar conditions, unless a legitimate justification applies.

• January 1, 2026 – Temporary Help Agency Pay Parity

  • ​Federally regulated temporary help agencies and their clients must ensure agency workers receive the same rate of pay as directly hired employees performing the same work.

• TBD (2026) – Disconnecting-from-Work Policies

  • Employers must implement written policies limiting after-hours work. Disconnecting-from-work policies must include response time expectations and escalation protocols.

• Forthcoming further 2026 changes (planning point)

  • The federal Labour Program’s forward regulatory plan targets additional 2026 regulations to harmonize leave standards (including pregnancy loss leave and adoption/surrogacy related leave) and update record keeping and administrative monetary penalty schedules; employers will have a one-year compliance window once these provisions are in force.

• Focus areas for 2026

  • Federal initiatives identified for 2026 include measures to address employee misclassification and restrictions on non compete agreements in federally regulated employment, so clients should expect forthcoming amendments affecting recruitment, contracts and payroll compliance in 2026–2027.

• Pay Transparency

  • As of March 2026, there is still no express federal requirement for federally regulated employers to include salary ranges in job postings or to follow a stand‑alone “pay transparency act” like BC or Ontario. However, federally regulated employers with 100+ employees must publish pay equity reports annually.

 

Ontario

• January 1, 2026 – Job Posting & Hiring Transparency Rules
  Employers with 25 or more employees must comply with new requirements for publicly advertised job postings, including:

  • Posting the expected compensation or a compensation range (with limits on range size).

  • Prohibiting “Canadian experience” requirements.

  • Disclosing whether artificial intelligence is used in screening or selection.

  • Indicating whether the role is an existing vacancy.

  • Notifying interviewed candidates of the status of their application within 45 days.

• January 1, 2026 – Job Posting Record‑Keeping

  • ​Employers must retain copies of job postings and related recruitment records for three years.

• January 1, 2026 – OHSA Safety Requirements (Construction)

  • ​Certain construction projects must now have defibrillators on site and ensure trained personnel are available during work hours.

• In case you missed it:

  • Effective November 27, 2025 — Job‑Seeking Leave: Employees affected by a mass termination (50+ employees within four weeks) are entitled to up to three unpaid days of job‑protected leave during the working notice period to search for new employment, subject to specific notice, evidence, and pay‑in‑lieu exceptions.

  • Effective November 27, 2025 — Extended Temporary Layoff: Employers may place a non‑union employee on a temporary layoff exceeding 35 weeks (but less than 52 weeks in a 78‑week period) only with a written employee agreement, a fixed recall date, and approval from the Director of Employment Standards, failing which the layoff may be deemed a termination.

 

British Columbia

• No new employment standards amendments effective January – June 2026

  • ​Employers should continue preparing for pay transparency reporting obligations, which phase in later in 2026 depending on employer size. Though job-posting requirements are already in place, larger employers must start annual public salary reports in late 2026.

 

Alberta

• January 1, 2026 – Long‑Term Illness and Injury Leave Expansion

  • ​Employees are now entitled to up to 27 weeks of job‑protected unpaid leave for long‑term illness or injury, aligning Alberta with federal standards.

• January 1, 2026 – Restrictions on Sick Notes

  • ​Employers are more limited in when they may require medical documentation for short‑term absences.

• Tip Protections (Pending Dates)

  • Enhanced tip and gratuity protections (restricting employer deductions or retention of tips) have been proposed, but as of early 2026 they have not come into force and do not yet have a confirmed effective date.

 

Saskatchewan

• January 1, 2026 – Employment Standards Amendments
  Several significant changes came into force, including:

  • 27‑week job‑protected long‑term illness or injury leave.

  • Expanded job‑protected leaves for pregnancy loss and interpersonal violence.

  • Prohibition on employers withholding or deducting employee tips.

  • Revised rules for substituting public holidays by agreement.

  • Limits on when employers may require sick notes.

  • Overtime / Definition of a “Day” - amendments to Act allow employers to define a workday as either a calendar day or a 24‑hour period for the purposes of scheduling and overtime calculations, providing greater flexibility in how overtime is triggered.

  • Tips & Gratuities Protection - employers are prohibited from withholding, deducting, or retaining employee tips or gratuities, except as permitted under regulated tip‑pooling arrangements, and improperly withheld tips may be recovered through Employment Standards enforcement.

• Pay Transparency: No legislation yet.

 

Manitoba

• January 1, 2026 – Long‑Term Illness Leave Increase

  • ​Job‑protected leave for serious illness or injury increased to 27 weeks.

• January 1, 2026 – Sick Note Restrictions

  • ​Employers face tighter restrictions on requesting medical notes for short‑duration absences.

• Pay Transparency (Not Yet in Force)

  • The Pay Transparency Act (Bill 222) was introduced and debated but did not proceed into force. As such, employers are not currently required to disclose salary ranges, prohibit pay‑history questions, or file pay‑gap reports.

 

Québec

• May 1, 2026 – Minimum Wage Increase

  • The general minimum wage increased to $16.60 per hour.
    The minimum wage for employees who receive tips increased to $13.30 per hour.

• Ongoing – Pay Equity Compliance

  • Employers must continue to maintain pay equity and complete required pay equity audits and updates, particularly those reaching or exceeding statutory employee thresholds.

 

Nova Scotia

• January 1, 2026 – Workers’ Compensation Process Changes

  • New timelines for reporting workplace injuries and extended appeal periods came into effect, affecting employer reporting obligations.

• April 1, 2026 – Minimum Wage Increase

  • The minimum wage increased from $16.50 to $16.75 per hour, with a further increase scheduled later in 2026.

• Bill 98 – Pay Equity & Pay Transparency Act (Pending)

  • Job postings must include pay range.

  • Ban on asking pay history.

  • No retaliation for discussing pay.

  • Public sector reporting obligations.

 

New Brunswick

• April 1, 2026 – Minimum Wage Increase

  • The minimum wage increased from $15.65 to $15.90 per hour, based on the province’s CPI‑linked formula.

• Pay Transparency

  • No law yet, but advocacy campaign launched; proposed law would require salary ranges in postings, ban pay history questions, and mandate pay gap reporting for large employers.

 

Newfoundland & Labrador

• April 1, 2026 – Minimum Wage Increase

  • The minimum wage increased from $16.00 to $16.35 per hour, reflecting inflation‑based adjustments.

• Pay Transparency

  • Pay Equity and Transparency Act passed but not yet in force for private sector. Employers should prepare for private sector implementation of Pay Transparency Act.

 

Prince Edward Island

• Pay Transparency (in force)

  • Job postings must include pay range.

  • Ban on asking pay history. No retaliation for discussing pay.

  • Employers should confirm compliance with pay transparency obligations now in force.

• April 1, 2026 – Minimum Wage Increase

  • The minimum wage increased from $16.50 to $17.00 per hour, continuing PEI’s staged wage increases.

• Ongoing – New Employment Standards Act (Phased Implementation)

  • Employers should continue adjusting to the province’s updated employment standards framework, including revised hours‑of‑work rules, expanded leave entitlements, and paid sick leave provisions.

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Territories

• Minimum wage increases:​

  • Yukon: Apr 1, 2025 – $17.94/hour (annual CPI).

  • Northwest Territories: Sep 1, 2025 – $16.95/hour (CPI/AHW formula).

  • Nunavut: Sep 1, 2025 – $19.75/hour (highest in Canada).

• Pay Transparency:

  • No legislation yet. However, employers should monitor territorial developments on pay transparency.

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As an employer, what actions should you take?

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• Update policies to reflect provincial regulations.

• Train managers on province-specific requirements.

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Contact TAP Strategy & HR Consulting to assist you with understanding legislation and your related obligations. TAP is a full-service HR provider.

 

 We ARE Your HR. 

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