Starting July 1 of this year, Ontario’s Digital Platform Workers Rights Act (DPWRA) will come into effect.

Introduced in 2022 after the Working for Workers Act, this legislation focuses on creating protections for gig workers who perform ‘digital platform work’.

According to the Ontario Employment Standards Act (ESA), the legislation will specifically apply to workers providing services such as ride-share, delivery, and courier services through online platforms. Additionally, it will apply to workers even if the worker is not technically considered an employee.

Although the Act targets specific industries, Zoya Alam, an employment lawyer at Pallett Valo, urges affected employers to implement changes as soon as possible to remain compliant. “There are actually some really robust enforcement provisions under this new Act, so fines can go up to $500,000 if they're quasi-criminal. And if it's a corporation, then directors, etc.—they can be held liable as well,’” she says.

She adds that the legislation will be putting extra security measures into force, so operators will be more likely to comply.

Who must comply

Operators, as defined in the Act, will be required to follow these new legal obligations.

Under the ESA, the Act defines “operators” as “a person that facilitates, through the use of a digital platform, the performance of digital platform work.” For example, employers such as Uber, DoorDash and Instacart, who are considered “operators”, will be required to follow the...

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