Ontario's Right to Disconnect Law: What Employers Actually Need to Do
- Tony T
- Jun 21
- 7 min read
If you employ people in Ontario, you've probably heard the phrase "right to disconnect" floating around since 2022. You may have also heard that Ontario was one of the first jurisdictions in North America to legislate it. Both true – but the law itself does considerably less than the name suggests. Many employers either over-comply, under-comply, or assume the rules don't apply to them at all.
This article breaks down what the law actually requires, who it covers, what a compliant policy looks like, and how Ontario's approach compares to the much stronger version that recently took effect in Australia.
Guest Post from Our Guest Writer
What the law actually says
The right to disconnect was introduced through Bill 27, the Working for Workers Act, 2021, which received Royal Assent on December 2, 2021. It added Part VII.0.1 to the Employment Standards Act, 2000 (ESA), creating a new section 21.1.2.
The ESA defines "disconnecting from work" as "not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work."
That sounds like a right. It isn't.
The legislation does not give Ontario employees a substantive right to switch off after hours. What it actually requires is something narrower: certain employers must put a written policy in place describing their expectations around after-hours communications. The contents of that policy are almost entirely up to the employer.
Who has to comply
The obligation applies to any employer that employs 25 or more employees in Ontario on January 1 of any given year. If you cross that threshold on January 1, you must have a written policy in place before March 1 of that same year.
A few points often missed:
The 25-employee count is a headcount, not a full-time equivalent figure. Part-time, casual, probationary, and temporary employees all count. Employees on layoff or leave count too, provided the employment relationship hasn't been terminated.
If an employer has multiple locations across Ontario, all employees across those locations are added together. So three cafés with 10 employees each are over the threshold, even though no individual café is.
If two or more businesses are treated as one employer under the ESA, their employees are combined for counting purposes.
If you fall below 25 employees during the year, you still have to keep the policy until the following January 1 reset. If you grow past 25 mid-year, you don't need a policy until the next January 1.
The Crown and certain Crown-related entities are excluded. Otherwise, the policy must apply to all employees – including management, executives, and shareholders who meet the ESA definition of employee. A policy that only covers some staff is non-compliant.
What the policy must contain
This is where things get strange. The ESA requires the policy to exist and to include the date it was prepared and the date of any amendments. Beyond that, the statute does not specify content. It does not require the policy to:
Ban after-hours emails or calls
Guarantee employees the right to ignore work communications
Set out specific quiet hours
Include penalties for breach
Use any particular language
Theoretically, a policy that says "employees are expected to respond to communications at all hours" would still technically comply with the requirement to have a policy. The legislation regulates the existence of the document, not its substance.
That said, sensible policies usually address things like:
Expected hours of availability
Expectations around after-hours emails and calls
Response-time expectations
On-call arrangements
Out-of-office or voicemail conventions when employees are off the clock
Distribution and record-keeping obligations
Employers must provide the written policy to every employee within 30 days of preparing it or amending it. New employees must receive a copy within 30 days of starting.
The policy can be provided as a printed copy, an email attachment, or a link, provided the employee has a genuine opportunity to access and print it.
Employers must retain a copy of each version of the policy for three years after it ceases to be in effect.
What happens if you don't comply
The ESA does not impose a specific penalty for failing to maintain the policy, and there's no enforcement mechanism allowing employees to complain directly about policy violations. The Ministry of Labour can audit and order compliance, but the practical consequences are modest.
Where the policy does become legally significant is in adjacent claims. After-hours expectations and the absence of clear boundaries can become evidence in constructive dismissal claims, workplace harassment complaints, and overtime disputes. A poorly drafted policy – or none at all – can hurt an employer in litigation even if it doesn't trigger direct ESA penalties. If an employer's unilateral imposition of after-hours work expectations is significant enough, it can amount to a fundamental breach of the employment contract.
How Ontario compares to Australia's approach
Australia recently took a much more direct route. The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 inserted a genuine statutory right to disconnect into section 333M of the Fair Work Act 2009 (Cth).
It commenced on 26 August 2024 for employers with 15 or more employees, and on 26 August 2025 for smaller businesses.
Unlike Ontario, Australia's law gives employees an actual right: an employee "may refuse to monitor, read or respond to contact or attempted contact from an employer outside of the employee's working hours, unless the refusal is unreasonable." The right also extends to third-party contact related to work – for example, customers or clients.
Whether a refusal is unreasonable is decided on a case-by-case basis under section 333M(3), taking into account the reason for the contact, the level of disruption, whether the employee is compensated for being available, the nature of the employee's role, and personal circumstances. Disputes go first to workplace-level resolution and can then be escalated to the Fair Work Commission, which has the power to make stop orders against employers (and against employees, where the refusal genuinely was unreasonable).
According to Queensland-based lawyers Connolly Suthers, the Australian framework places real practical pressure on employers to review contracts, after-hours contact policies, and on-call arrangements – because non-compliance can now form the basis of a Fair Work Commission application, not just a culture problem.
The federal Canadian government has also passed legislation (in Bill C-69, 2024) that will introduce a right to disconnect for federally regulated employees, with a model closer to Ontario's – a policy requirement rather than a substantive right. That provision has not yet come into force.
Practical takeaways for Ontario employers
The Ontario law is more administrative than protective, but ignoring it creates real risk. Three things every covered employer should do:
Check your headcount on January 1. This is the only date that matters for threshold purposes. If you crossed 25 between last year and this year, you have until March 1 to put a compliant policy in place.
Draft the policy to match how your workplace actually operates. A policy that promises something the business can't deliver – say, no after-hours contact in a client-facing industry – can be used against you. A policy that's clear, realistic, and honest about expectations is safer than an aspirational one.
Treat it as part of a broader compliance picture. A right-to-disconnect policy sits alongside obligations around hours of work, overtime, workplace harassment investigations, and protection from reprisal for raising concerns. Employees who are disciplined for following the policy – or who are pressured to ignore it – may have claims that go well beyond the ESA.
Bottom line
Ontario's right to disconnect law is, at its core, a documentation requirement dressed up as a right. It forces a conversation between employer and employee about after-hours availability, but it doesn't give employees a tool to enforce switching off. The real legal exposure for employers tends to come not from the policy itself, but from how after-hours expectations interact with other parts of employment law – overtime, harassment, constructive dismissal, and contract terms.
If you're an Ontario employer unsure whether your current policy is compliant – or whether you've crossed the 25-employee threshold without realising it – it's worth getting it reviewed. And if you're an employee feeling pressured to be available around the clock, the policy your employer has on file is often the first document an Ontario employment lawyer will ask to see.
Employment laws are highly technical and constantly evolving. If you are drafting a contract for a new hire, updating your job postings to comply with 2026 transparency laws, facing a wage dispute, or trying to manage a complex termination, you need specialized legal counsel.
Contact the employment law team at HTW Law today for strategic, up-to-date legal representation tailored to protect you and your business.
If you are an employee, legal issues revolving around personal services could be complicated. Consult with an experienced employment law firm such as HTW Law and secure the equity you’ve earned.
With the right legal support, employees can ensure their employment law rights are protected; employers can avoid lawsuits.
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As an employee, you don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and regulations regarding defamation, discrimination, harassment, wrongful termination, and constructive dismissal, employment contracts and employment law in general will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Author bio:
Tony - T: Dropping Ironclad Clauses, Not Mixtapes.
With a name that sounds like an 80s hip-hop pioneer, Tony-T subverts all expectations by writing the driest, most complicated material on planet Earth: legal writing.
He specializes in crafting the documents nobody actually wants to read, but absolutely everyone needs to keep their businesses out of the courtroom. If it requires a law degree to understand and a pot of black coffee to get through, Tony-T writes it, refines it, and makes sure it's engaging enough that you won't be dozing off by the third sentence.
