In 2021, Ontario became the first province in Canada to require employers to have a written policy giving employees the right to disconnect from work. It sounds straightforward — but what it actually means in practice is more limited than most people think.
The Working for Workers Act, 2021 — commonly known as Bill 27 — introduced several changes to Ontario employment law. The most talked-about was the requirement for employers to create a written disconnecting from work policy.
It also:
- Banned non-compete clauses for most employees
- Required temp agencies and recruiters to be licensed
- Improved washroom access rights for gig workers
What "Disconnecting from Work" Actually Means
Under the Act, disconnecting from work means not engaging in work-related communications — including emails, calls, video calls, and messages — outside of scheduled work hours.
The idea is simple. When your shift ends, your time is yours.
Who Does It Apply To?
Employers with 25 or more employees in Ontario are required to have a written disconnecting from work policy. The policy must be provided to all employees within 30 days of being prepared or updated.
Employers with fewer than 25 employees are not currently required to have one.
What the Policy Must Include
The law requires the policy to address:
- Expectations around response times to work communications after hours
- When employees are — and are not — expected to be reachable
- Any exceptions to the policy
Beyond that, the law leaves the content largely up to the employer.
The Honest Limitation — And Why It Matters
Here is the part most articles leave out.
Bill 27 requires employers to have a policy — it does not tell them what that policy must say. An employer can write a policy that effectively says employees are expected to respond to after-hours emails within a reasonable time — and that policy is technically compliant with the law.
In other words, the right to disconnect exists on paper. Whether it exists in your actual workplace depends entirely on what your employer’s policy says.
This is why it is important to read your employer’s disconnecting from work policy carefully — not just assume it protects your evenings and weekends.
What Changed for Non-Compete Clauses
Bill 27 also made Ontario the first province to effectively ban non-compete agreements for most employees.
As of October 25, 2021, any non-compete clause signed by a non-executive employee in Ontario is void and unenforceable. Employers cannot stop you from working for a competitor after you leave — with two exceptions:
- Executives — C-suite and similar senior leadership roles are exempt
- Sale of a business — if you sold a business and agreed not to compete as part of that deal, the clause may still apply
If your employment contract contains a non-compete clause and you are not an executive, it is almost certainly unenforceable — regardless of when you signed it.
Your Rights as an Employee
Right to a written policy — If your employer has 25 or more employees, you are entitled to a written disconnecting from work policy. If you have not received one, ask for it in writing.
Right to know expectations — The policy must clearly state what is expected of you outside of work hours. Vague or undefined expectations are not compliant.
Right to be free from non-compete restrictions — If you are not an executive, a non-compete clause in your contract does not bind you. You are free to work for a competitor after leaving.
Employer Responsibilities
Prepare a written policy — Required for all employers with 25 or more employees. It must be in writing and reviewed at least once per year.
Distribute the policy — Every employee must receive a copy within 30 days of the policy being created or updated.
Keep records — Employers must retain a copy of every disconnecting from work policy for three years after it is no longer in effect.
Remove non-compete clauses — Any non-compete clause in a new employment contract for a non-executive employee is void. Continuing to include them exposes the employer to legal risk and erodes trust.
The bottom line: Bill 27 was a step in the right direction — but the right to disconnect is only as strong as the policy your employer actually writes. Read yours carefully. And if your contract still contains a non-compete clause and you are not an executive, know that it almost certainly cannot be enforced against you.
Latest Articles
- All Post
- Layoff News
