Ontario and British Columbia Passed New Regulations Protecting Digital Workers’ Rights

Both Ontario and British Columbia announced new rules to provide more rights to digital platform workers, including minimum salary, information transparency and others.

HR Policy Global’s Take: These new changes highlight the latest developments in the global trend of regulating gig workers. Notably, the two provinces classify these workers differently. Companies employing gig workers in Canada must actively address compliance issues.

Ontario

Ontario’s Digital Platform Workers’ Rights Act, 2022 (the “DPWRA”) and its associated regulation will come into effect on July 1, 2025.

Scope and Definitions: The DPWRA defines digital platform work as independent contractors with specific protections. It applies to work conducted via digital platforms but excludes traditional taxi or limousine services. It defines “operators” as entities facilitating this work through platforms.

Worker Rights and Protections:

• Workers are guaranteed a minimum wage of $17.20 per hour for each work assignment. They are entitled to a recurring pay period, and operators cannot make unauthorized deductions from earnings. Workers also have the right to detailed information about pay, performance evaluations, and work assignments.
  
  
• Before removing access to the platform, operators must provide two weeks’ notice and a written explanation, with exceptions for misconduct. Workers are protected from reprisals for exercising their rights.

Operator Responsibilities: Operators must maintain records for three years and resolve disputes within Ontario. Non-compliance can result in substantial fines.

British Columbia

Effective September 3, 2024, the Labour Statutes Amendment Act, 2023 implemented changes specifying that online platform workers are now considered to be employed by the operator of the online platform.

Under the act, online platform workers are entitled to:

• A minimum hourly wage of CA$20.88 during engaged time, exceeding the provincial minimum.
  
  
• Mileage allowances of CA$0.35/km for delivery workers and CA$0.45/km for ride-hail workers during engaged time.
  
  
• Transparency in pay, advance notice of suspensions, and a process for appeals.
  
  
• Wage statements must include hours worked, kilometers traveled, and gratuities, with 100% of tips going to workers.
  
  
• Employers must ensure earnings meet minimum standards, offering top-ups as needed.

Significantly, the amendments are the first of their kind in Canada to change the worker classification. However, it remains to be seen if further protections, such as entitlement to paid illness or injury leave, overtime compensation or vacation pay may be considered in the future.