According to a Statistics Canada report, Ontario is home to over 58,000 registered nonprofits that together employ over 844,000 people. That’s a lot of employees, and employers have to ensure they’re complying with employment laws and applying them correctly to each individual!
We understand that with limited time and resources, it’s difficult for nonprofits to stay on top of everything from fundraising to compliance. That’s why we are back with another helpful article exclusively for nonprofits in Ontario. We’re going to break down all the policies and programs that Ontario nonprofits need to have in 2023 to be 100% compliant with labour laws.
And wait, there’s more! We’ve even created a comprehensive compliance assessment checklist that covers all the necessary stuff. And the best part? You can download it for free! In addition to the checklist, we’ve included some other valuable resources to make staying compliant a breeze for your nonprofit.
Here is a list of the 11 useful freebies you are going to find:
- Compliance Assessment Checklist 2023 for Ontario Nonprofits
- Ontario’s Pay Equity Policy Template
- Smoke Free Workplace Policy Template
- Latest version of Ontario’s Workplace Anti-Harassment Policy
- Vacation Policy Template
- Right to Disconnect Policy Template
- Electronic Monitoring Policy Template
- Accessibility Policy
- Statement of Human Rights Commitment
- Drugs and Alcohol Reasonable Suspicion Checklist
- Progressive Discipline Policy Template
Save your time, and get them all in a single click.
Now, let’s talk about what you need to do as a not-for-profit employer. Your obligations as a not-for-profit employer in Ontario include complying with:
- Key Provincial or Human Rights Legislation
- Key Employment Standards Policy Areas
- Key Legislated Health & Safety Areas
- Key Common Law or Company-Specific Policy Areas
Enforcing policies and programs in each of these areas will not only help you comply with the employment laws, but also help you create a fair, equitable and safe working environment for your employees and volunteers. Furthermore, implementing these will improve your organizational efficiency and reduce potential legal liabilities and employee relations issues.
Let’s explore each of these policy areas in detail.
Key Provincial or Human Rights Legislation
Ontario nonprofit employers have an obligation to the following:
1. Accessibility (AODA): Nonprofits in Ontario must comply with the Accessibility for Ontarians with Disabilities Act (AODA), which requires organizations to create and maintain accessibility standards for people with disabilities. This includes meeting standards for supporting staff, seasonal staff, volunteers and serving customers/clients who have a disability.
Your not-for-profit organization is mandated to comply with the Accessibility for Ontarians with Disabilities Act based on its type and size. If your organization has 20 or more employees, you are required to submit an annual compliance report to the government. However, if you have less than 20 employees, other requirements may apply.
- Create accessibility policies
- Train all your employees and volunteers on the Ontario Human Rights Code, accessible customer service and any accessibility requirements that apply to their duties at your nonprofit.
Here’s a detailed accessibility policy template drafted for Ontario employers.
2. Pay Equity: Nonprofits are required to have a pay equity policy in place to ensure that employees are paid fairly regardless of gender. To comply with the Pay Equity Act, all organizations in Ontario with more than 10 employees must ensure they have a pay equity policy in place.
Download a free Pay Equity policy template below.
3. Statement of Human Rights Commitment: Nonprofits must have a statement of human rights commitment that outlines their commitment to upholding human rights principles in their workplace.
We have drafted an easy-to-edit Statement of Human Rights Commitment for your organization and you can download it here for free!
4. Smoke Free Workplace: In accordance with the Smoke-Free Ontario Act, 2017, all enclosed workplaces and vehicles, including offices, construction sites, and delivery trucks, must be designated as no smoking and no vaping zones to protect employees and the public from the dangers of secondhand smoke. Employers are prohibited from penalizing, threatening, disciplining, or coercing employees who abide by the Smoke-Free Ontario Act, 2017.
Here’s a Smoke Free Workplace policy template that will help you comply with the act.
5. Protection of Personal Information: Ontario nonprofits must ensure that they are protecting the personal information of their employees, clients, and donors. Their policy must meet or exceed the minimum requirements under the Personal Information Protection and Electronic Documents Act (PIPEDA), which outlines how organizations must collect, use, and disclose personal information. [Please note: healthcare agencies follow the healthcare privacy act, PHIPA, and public sector organizations follow FIPPA]
Key employment standards policy areas
The Employment Standards Act, 2000 (ESA) safeguards employees and establishes minimum requirements for most Ontario workplaces, including nonprofit organizations. Employers are prohibited from penalizing employees in any manner for exercising their ESA rights.
To ensure compliance with the ESA, Ontario nonprofits must implement the following policies:
- Protected Leaves for Employees: Employees are entitled to protected leaves under the ESA, such as parental leave and sick leave.
- Hours of Work and Overtime: The ESA outlines rules for hours of work and overtime.
- Public Holidays (Stat Holidays): The ESA outlines rules for public holidays, including paid time off for certain holidays.
- Vacation Policy: Employees are entitled to vacation time and pay under the ESA.
- Hiring Policy: Nonprofits must comply with ESA regulations regarding hiring practices, including equal treatment and discrimination prevention.
- Termination: Nonprofits must comply with ESA regulations regarding termination and severance pay.
- Electronic Monitoring: The ESA requires employers with 25 or more employees to have a written policy regarding electronic monitoring of employees. The deadline for 2023 was March 1st.
Download the Electronic Monitoring Policy template drafted by our HR experts.
8. Disconnecting from Work: Right to disconnect is one of the revolutionary amendments the Working for Workers Act (Bill 27) brought to the Employment Standards Act (“ESA”). As per the new act, employers in Ontario with 25 or more employees must have a written Right to Disconnect Policy in place. The deadline for 2023 was March 1st.
Here’s a comprehensive Right to Disconnect Policy template you can download for free.
Key legislated health & safety areas
The Occupational Health and Safety Act (OHSA) outlines the preventive measures that employers, including nonprofits, must implement in their workplaces. This includes informing all staff members about potential hazards and their rights, providing health and safety protocols, establishing proper procedures for handling hazardous materials, addressing concerns related to violence and harassment, promoting injury prevention techniques, and providing necessary training.
Furthermore, all required safety documents should be readily available in the nonprofit’s workplace environment. To ensure optimum compliance with OHSA standards, it is essential to implement the following health and safety policies and programs.
1. General Health & Safety Statement: A general health and safety statement that outlines your organization’s commitment to maintaining a safe workplace must be in place.
2. Health & Safety Representative: Ontario nonprofits with between five and 19 employees must have a Health and Safety Representative to ensure compliance with the OHSA. The role of a Health and Safety Representative (HSR) is crucial in promoting the health and safety of all individuals in a nonprofit. In many small organizations that are not obligated to have a Joint Health and Safety Committee (JHSC), the HSR serves as the primary point of contact for identifying and addressing health and safety issues.
However, it is concerning that many HSRs lack the necessary training to effectively identify and resolve these concerns.
3. Joint Health & Safety Committee: Organizations with 20 or more employees must establish a joint health and safety committee to ensure compliance with the OHSA. The Joint Health and Safety Committee (JHSC) must be composed of both worker and employer/management representatives.
As an advisory body, the committee plays a vital role in promoting awareness of health and safety issues in the workplace. It identifies potential workplace hazards and provides recommendations to employers on how to mitigate and address these risks.
4. Workplace Anti-Harassment and Discrimination Policy and Program: In Ontario, the Human Rights Code guarantees every individual the right to equal treatment in employment without discrimination, as well as the right to a workplace free from harassment and bullying. The Occupational Health and Safety Act mandates that employers implement policies and measures to prevent and address workplace harassment.
If you do not have a Workplace Harassment Policy in place, download our free template and draft your own policy with ease.
5. Workplace Anti-Violence Policy and Program: Nonprofits must have policies and programs in place to prevent workplace violence.
6. Workplace Hazardous Materials Information Safety (WHMIS): WHMIS is a national hazard communication standard designed to ensure that workers have the information they need to safely handle hazardous materials in the workplace. Nonprofit organizations must have a WHMIS program in place to ensure employees are trained on the safe handling of hazardous materials.
7. Right to Refuse Unsafe Work: Employees have the right to refuse unsafe work under the OHSA.This means, any employee who thinks that a particular activity or equipment is unsafe to himself/herself or another worker, may refuse to do that activity or use that equipment.
8. Duty of Persons Directing Work: Persons directing work have a duty to take reasonable precautions to ensure the safety of workers.
9. Hazard Identification Policy: Organizations must have policies in place to identify and address potential hazards in the workplace.
10. Emergency Preparedness and Response: Every workplace is prone to hazards, and nonprofits are no exception. Ontario nonprofits should have emergency preparedness and response plans in place to ensure employee safety in the event of an emergency.
Key common law or company-specific policy areas
Common law or company specific policies are crucial in ensuring that every employee and volunteer is mindful of the organization’s values and requirements at all times. It is highly recommended that you put the following policies in place to keep you out of hot water in some of the more grey areas that can be left up to the courts to decide. Your ability to show you educated your team appropriately will be helpful if not crucial. Please note this is not an exhaustive list. Reach out to HR Covered if you have questions about additional policies that could protect your particular organization.
- Absenteeism and Attendance Policy: This policy outlines the expectations for attendance and absenteeism for employees. It provides guidelines for how many absences are acceptable, how absences should be reported, and the disciplinary actions that will be taken if an employee violates the policy.
- Code of Conduct or Ethics: This policy sets out the standards of behavior that all employees must adhere to. It typically includes guidelines for professional conduct, conflict of interest, confidentiality, and compliance with laws and regulations.
- Progressive Discipline Policy: The Progressive Discipline Policy provides guidelines for how to address employee performance or behavior issues. It outlines the steps that should be taken to correct the problem, including coaching, performance improvement plans, and disciplinary actions.
Get a Progressive Discipline Policy template for free!
- Drugs and Alcohol Policy: A Drugs and Alcohol policy outlines the expectations for drug and alcohol use in the workplace. It typically includes guidelines for drug and alcohol testing, consequences for violating the policy, and resources for employees who need help with substance abuse.
- Drugs and Alcohol Reasonable Suspicion Checklist: This is a document used by supervisors to help them determine if an employee is exhibiting signs of drug or alcohol use. The checklist typically includes observable behaviours and physical symptoms that may indicate impairment.
Download a free Drugs and Alcohol Reasonable Suspicion Checklist here.
- Social Media Policy: The Social Media policy outlines the expectations for employees’ use of social media both inside and outside of work. It typically includes guidelines for what types of content are acceptable to post, confidentiality and privacy concerns, and consequences for violating the policy.
- Working from Home Policy: This policy outlines the guidelines and expectations for employees who work from home. It typically includes guidelines for hours of work, communication expectations, and security requirements for accessing company systems and data from home. Most importantly, it makes it clear that the ability to work from home is at the discretion of the employer. If you allow your employees to work from home some or all of the time, you will want to ensure you have this policy.
Missing out on these policies? Click here to download templates of most of the policies discussed in the article for free here. We have also included a few additional HR documents for you.
Employment law compliance is a challenge for all organizations. This is especially true for nonprofit organizations, which often have limited resources and staff. To complicate matters further, employment legislation is constantly changing. If you are looking for a reliable HR partner who can save you a ton of time and stress, contact us now!
If your employees haven’t received AODA training, safety awareness training, violence and harassment training, or WHMIS training, let us know who needs to be trained and when, and we’ll help you assign the training for you.
About HR Covered: At HR Covered, we have a deep understanding of the critical organisational needs and processes specific to Canadian nonprofits. We ‘get’ your culture, your goals, and what drives you, too. Our unparalleled responsiveness and impeccable service have helped more than 200 nonprofits in Canada to focus on their core activities. We provide a plethora of services including HR Compliance, Legislative Training, HR Documentation, Health & Safety Compliance, HR Legal, HR Consulting and Outsourcing. For more info visit our website: www.hrcovered.com or call us at +1 866-606-0149.
