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Ontario Plans to Eliminate Canadian Work Experience Requirement in Job Postings: Legal Implications

Writer's picture: Sahil BhardwajSahil Bhardwaj

Updated: Jan 30, 2024


As Posted on November 9, 2023, by Allison Jones - The Canadian Press


Ontario Plans to Eliminate Canadian Work Experience - In a groundbreaking move, Ontario's Labour Minister, David Piccini, recently announced the province's intention to prohibit employers from mandating Canadian work experience in job postings and application forms. This strategic step aims to facilitate the entry of newcomers into the workforce, marking a pioneering initiative in dismantling a significant hiring barrier.


Key Legal Developments:

  1. Historical Precedent: Notably, Ontario would become the first province in Canada to eradicate the Canadian work experience requirement, reflecting a significant shift in the hiring landscape.

  2. Protection of Newcomers: Minister Piccini emphasizes that this measure is crucial in providing newcomers with a fair chance, acknowledging the wealth of knowledge, skills, and abilities they bring. Despite holding a bachelor's degree, recent immigrants are statistically twice as likely as their Canadian-born counterparts to find themselves in roles requiring only a high school education.

  3. Legislative Context: This announcement follows a legislative move two years ago, where Ontario passed a law prohibiting specific non-health professions from demanding Canadian work experience for licensing.


Implications and Testimonials:

Shanika Niwanthi, a newcomer to Canada, shared her experience of underemployment despite an impressive background in corporate human resources. The proposed ban, she believes, is a step towards eliminating systematic barriers faced by newcomers, echoing the sentiments of many immigrants who have struggled with the underutilization of their skills.


However, NDP MPP Doly Begum, while acknowledging the importance of addressing employment issues immigrants face, questions the ban's efficacy in directly aiding job seekers. She highlights the covert nature of Canadian experience requirements, often leading to discrimination and systemic barriers. Begum advocates for comprehensive solutions such as bridging programs, practice-ready assessments, and funding for training.


Our Legal Perspective:

Minister Piccini affirms that the ban will be incorporated into upcoming labor law changes, which will be introduced alongside other reforms. These include mandatory disclosure of salary ranges in job postings, enhanced benefits for injured workers, and adjustments to the Ontario Immigrant Nominee Program eligibility for international students.


In summary, while the ban on Canadian work experience in job postings is a significant stride towards inclusivity, the legal community anticipates further details on its implementation and effectiveness. The broader labor law changes set to be introduced will undoubtedly shape the employment landscape in Ontario, warranting attention from legal professionals, employers, and newcomers alike.


Stay tuned for detailed legal analysis and updates as the legislative changes unfold.

 
 

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