The Ontario government has now confirmed that the Digital Platform Workers' Rights Act, 2022 ("Act")¹ will come into force on July 1, 2025, along with O. Reg 344/24,² a related regulation under the Act, following recent changes to British Columbia law.

The Act was initially introduced as part of Bill 88, the Working for Workers Act, 2022³. It applies to anyone engaged in "digital platform work," defined as performing paid services such as ridesharing, delivery, courier, or other designated tasks, where job assignments are facilitated through a digital platform.

While this model offers flexibility, it often leaves workers without essential protection. Recognizing this gap, Ontario has proposed the Digital Platform Workers' Rights Act to establish fundamental rights for individuals engaged in platform-based work.

Key Provisions of the Proposed Legislation

The Digital Platform Workers' Rights Act introduces several critical rights for gig workers:

Information Transparency: Operators must provide workers with key details, including factors used to offer assignments, performance ratings, pay calculation methods, and estimated earnings for each task.
Regular Pay Periods: The legislation mandates that operators establish consistent pay periods and ensure timely payment for all completed assignments and collected tips.
Minimum Wage Guarantee: Workers are entitled to at least the general minimum wage for each assignment, ensuring fair compensation.
Protection Against Unjust Deductions: Operators cannot withhold or deduct earnings or tips unless authorized by law or court order.
Notice of Platform Removal: If a worker's access to the platform is revoked, operators must provide a written explanation and, in cases of suspensions lasting 24 hours or more, a two-week notice, unless the worker is guilty of willful misconduct.
Anti-Reprisal Measures: The act prohibits operators from intimidating or penalizing workers for exercising their rights under the legislation.
Local Dispute Resolution: All work-related disputes between operators and workers must be resolved within Ontario, providing a local avenue for addressing grievances.
Non-Waivable Rights: Workers cannot waive their rights under this act, ensuring that all protections remain intact regardless of contractual agreements.

Implications for Digital Platform Operators

For businesses operating digital platforms in Ontario, this legislation introduces new responsibilities:

Administrative Adjustments: Operators will need to update processes and protocols to comply with transparency and notification requirements.
Operational Costs: Ensuring adherence to minimum wage standards and timely payments may lead to increased operational expenses.
Platform Modifications: Digital platforms may require technical changes to align with the new information-sharing and dispute resolution mandates.

Impact on Gig Workers

For gig workers, the proposed act offers several benefits:

Enhanced Transparency: Access to information about assignment criteria and pay calculations empowers workers to make informed decisions.
Fair Compensation: The minimum wage provision ensures that workers receive equitable pay for their efforts.
Job Security: Protections against unjust removal from platforms and anti-reprisal measures contribute to a more secure working environment.

Conclusion

Ontario's proposed Digital Platform Workers' Rights Act represents a significant step toward balancing the flexibility of gig work with essential worker protection. By establishing clear rights and responsibilities, the legislation aims to create a fairer and more transparent environment for both workers and platform operators.

Footnotes:

More info: Ontario News