As of January 1, 2023, certain “business consultants” and “information technology consultants” in Ontario have been exempt from the Employment Standards Act, 2000 (ESA). These exemptions are part of the numerous amendments made to the ESA following the enactment of Bill 88, Working for Workers Act, 2022.
Under the ESA, a “business consultant” is “an individual who provides advice or services to a business or organization in respect of its performance, including advice or services in respect of the operations, profitability, management, structure, processes, finances, accounting, procurements, human resources, environmental impacts, marketing, risk management, compliance or strategy of the business or organization.”
An “information technology consultant” is “an individual who provides advice or services to a business or organization in respect of its information technology systems, including advice about or services in respect of planning, designing, analyzing, documenting, configuring, developing, testing and installing the business or organization’s information technology systems.”
A business consultant or information technology consultant will be excluded from the ESA if they meet all four of the conditions below:
The consultant provides services through either:
a corporation within the capacity of a director or shareholder who is a party to a unanimous shareholder agreement; or
a sole proprietorship, through which the consultant provides services using a business...
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