Ontario’s “Right to Disconnect”
Ontario doesn’t give most employees a blanket legal right to ignore after-hours emails. Instead, the Employment Standards Act, 2000 (ESA) requires certain employers to have a written policy on “disconnecting from work.” For many workplaces, that policy now sits alongside your overtime and hours-of-work rules.
Quick Basics
Who needs a policy? Employers with 25 or more employees in Ontario on January 1 of a calendar year. Count full-time, part-time, casual and fixed-term staff employed by you in Ontario on that date.
Deadline: Have your policy in place by March 1 each year.
What “disconnecting” means: Being free from engaging in work-related communications (emails, calls, messages, video calls) outside of working time.
Not a new absolute right: The ESA requires a policy, but it doesn’t guarantee employees can always ignore after-hours communication. Existing ESA rules on overtime, hours-of-work, and rest still apply.
What the Policy Should Cover
The legislation doesn’t prescribe exact wording, so tailor the policy to your operations. Good policies typically include:
Response expectations: Routine messages are handled during scheduled hours; urgent matters follow a clear escalation path.
Emergency exceptions: Define what counts as urgent, who can contact whom, and how often.
On-call and standby: When on-call applies, how it’s scheduled, and how pay/overtime will be handled.
Manager standards: Leaders avoid unnecessary after-hours messages and use delayed send tools.
No retaliation: Employees won’t be penalized for following the policy.
ESA alignment: Reference overtime approval, maximum hours, daily/weekly rest, and scheduling rules.
Administrative requirements:
The policy must apply to all Ontario employees (you can tailor by role or group within one policy).
Date the policy and any revisions.
Distribute a copy to existing staff within 30 days of drafting or revising it, and to new hires within 30 days of their start date.
Keep copies of past versions for three years after they’re replaced.
Employees: Know Your Rights
You should receive your employer’s policy and updates.
The policy does not remove overtime rights or hours-of-work limits.
If you’re consistently pulled into after-hours tasks, document it and raise it early.
Practical Tips for Employers
Audit reality vs. policy: Check email and chat patterns—if leaders message at midnight, the policy won’t stick.
Train managers: Model good behaviour; clarify when “urgent” truly applies.
Integrate with RTW and accommodation: Consider disability, family status, or other human-rights obligations when setting availability expectations.
Review annually: Re-confirm headcount on January 1 and refresh the policy by March 1.
We Can Help
Vanguard Law drafts and refreshes disconnecting-from-work policies, trains leaders, and aligns real-world practices with legal requirements—so your policy isn’t just a document, it actually works.
This article provides general information only and is not legal advice. For advice about your situation, please contact a lawyer.