Trigger warning: This blog touches on sensitive topics, including attempted suicide. We encourage you to skip these sections or seek professional support as needed. We hope you find this blog valuable. 

 

An essay for the Canadian Centre for Diversity and Inclusion 

 

For most of my life, visibility felt dangerous. 

I grew up inside the world of competitive hockey, a culture built on toughness, silence and a very specific version of masculinity. From the outside, it looked like everything I had ever dreamed of, the wins and losses, the locker room, the shine of fresh ice, the feeling of belonging to a team, a family, chasing the same goal. 

But there was a part of me that knew, even as a teenager, that belonging came with a condition. 

Staying small. And staying quiet. 

 

Silence, masculinity, and belonging in hockey 

 

I spent twelve years playing competitive hockey while hiding the most fundamental part of who I was. A gay athlete in a culture that had very little room for that reality. Locker room conversations became something to navigate. Jokes that were seemingly harmless, comments among buddies and every casual slur reminded me that the safest version of myself was the one I had to create to survive. 

Eventually the weight of that silence became too heavy. I walked away from hockey entirely. Not because I stopped loving the game, but because I could not imagine a version of the sport where I could exist honestly inside it. 

For years, that felt like the end of the story. 

But life has a way of forcing new chapters on you. 

 

A different kind of fight 

 

Years after leaving the game, in 2021, I was diagnosed with multiple sclerosis. Suddenly the battle I thought I had escaped, fighting for my place in the world, returned in a completely different form. MS is unpredictable. 

For a long time I had a choice in front of me, to retreat or rebuild. 

As my disease progressed, I started to make some very dark and dangerous decisions. I was starting to lose control of my body, I would eventually become a burden to those I loved, and I did not want to see how this story ended.  

I made the decision to take my own life. 

Days after, while walking on painful feet, I stumbled upon a sign tied to a lamppost that simply said, “One day you will tell your story about how you overcame what you went through, and it will be somebody else’s survival guide.” 

My mind shifted.  

I knew I needed to stay. I knew I needed to fight. I knew I needed to survive. 

So I chose to rebuild. 

Running became the place where I started to reclaim my relationship with my body.  

What began as short walks, turned into jogging and ended with long distance running. Within a year, I became a marathon runner, chasing the goal of being one of the only people to complete all six World Marathon Majors with multiple sclerosis, and qualifying for the Boston Marathon under the able bodied qualifying times.  

Every mile became an act of defiance against the idea that my body or my past would define what I was capable of. 

But the physical challenge was only one part of the journey. 

 

From silence to visibility 

 

The much harder decision came when I chose to start telling the truth about my life. 

For most of my adult years, the parts of my story that felt the most defining were also the parts I felt the most ashamed of. I was a closeted hockey player for over a decade. I spent years hiding a relationship with another player. It was a relationship that lived entirely in the shadows, defined by secrecy and constant fear that someone might find out.  

When I walked away from the sport, I rarely talked about why. 

The silence felt safer. It allowed me to move forward without reopening wounds I had spent years trying to close. 

But the truth has a strange way of finding its way back to you. 

One night I sat down to watch Heated Rivalry, the television adaptation of the popular hockey romance novels by Rachel Reid, that had quietly developed a following among fans who saw themselves reflected in a version of the sport that allowed queer hockey players to exist freely and openly. 

I was not prepared for what happened next. 

Within the first fifteen minutes, I had a full panic attack that lasted five days. 

Watching two hockey players express themselves in that way cracked open something I had buried for years. It was not just a television show. It was a mirror I had spent most of my life avoiding. 

Suddenly the memories came rushing back. The secrecy. The fear. The constant calculation of how to survive inside spaces where telling the truth about who you were felt dangerous. 

I sat there unraveling. 

In the middle of that unraveling, I made a decision that I still struggle to fully explain. 

I picked up my phone. 

With my hands shaking, I opened Instagram and began writing the story I had spent years hiding. I wrote about being a closeted hockey player. I wrote about the relationship I had kept secret. I wrote about what it felt like to walk away from the sport I loved because I believed there was no place for someone like me inside it. 

Then I hit post. 

Almost immediately, panic set in. 

I remember staring at my phone, wondering what I had just done. Throughout the night I woke up, opened the app three different times with the intention of deleting the post entirely. One click would have erased everything. The story could disappear back into the silence where it had lived for years. 

But I did not delete it. 

By the time I woke up the next morning, the post had over 25,000 likes and tens of thousands of comments. Thousands of people had read it. Messages were flooding in from athletes, fans, parents and strangers who simply wanted to say that the story meant something to them.  

And suddenly I had a choice. 

I could delete the post and retreat back into safety. 

I could pretend the moment had never happened. 

Or I could take a deep breath and finally step into the light. 

That morning, I chose the light. 

That decision changed everything. 

 

Why visibility creates connection 

 

When you choose visibility, you lose control over how people respond. Some people will celebrate you. Others may criticize you. Some simply try to understand something they have never encountered before. 

What I discovered almost immediately was something far more powerful. 

People began sharing their stories with me. 

Former hockey players wrote to say they had lived through the same locker room culture. Parents shared stories about children struggling to find their place in sports. People living with disabilities reached out to talk about navigating spaces that were never designed with them in mind. 

Visibility creates connection. 

And sometimes that connection appears in moments you could never predict. 

Not long ago I attended the NHL Unites Pride Cup in Vancouver, an event celebrating the LGBTQ+ community in hockey with Stanley Cup champions in attendance. Players whose accomplishments defined the highest level of the sport. 

In the middle of the event, a nine year old boy walked up to me. His eyes wide with excitement and nervousness. He asked if he could take a picture with me. 

Later that night his mother sent me a message. On the drive home he told her that meeting me had been one of the best moments of his life. 

He told her I was his hero. 

And my breath caught in my throat. 

There were Stanley Cup champions in the room. Players who had achieved everything a hockey player could dream of. 

Yet he connected with me. 

Not because I won championships. 

Not because I scored goals. 

But because I told my story. 

Visibility changes what people believe is possible. 

For that nine year old, hearing my voice, maybe seeing someone who had lived through the things I had experienced meant something. A gay athlete who once believed he had no place in hockey. A marathon runner competing with multiple sclerosis. Someone who had chosen to tell the truth about parts of his life that once felt impossible to speak out loud. 

That moment reminded me that intersectionality is not just an academic concept. It is the lived reality of many people navigating the world. 

I am a gay man. 

I am an athlete. 

I am someone living with multiple sclerosis. 

I am someone who spent years hiding inside environments that did not feel safe. 

Each of those identities shapes how I move through the world. 

Together they form the story I now choose to share. 

 

What resilience really looks like 

 

Resilience is often misunderstood as the ability to endure hardship quietly. In my experience, resilience looks very different. Resilience looks like telling the truth about your life even when that truth feels uncomfortable. It looks like allowing yourself to be vulnerable so someone else might feel less alone. 

Being visible is terrifying. There is no way around that fact. When you share your story publicly, you open parts of yourself that you once protected carefully. 

But I can say with certainty that it is worth it. 

Choosing visibility has allowed me to transform the parts of my life that once felt like burdens into something meaningful. The experiences I once carried in silence now create space for conversations that did not exist before. 

The world does not become more inclusive because policies exist on paper. It becomes more inclusive when people see themselves reflected in the stories around them. 

Every time someone shares their story, the boundaries of what feels possible expand. 

For me, that journey began with a closeted hockey player who believed his truth had to remain hidden forever. Today it continues with a proud gay athlete running marathons with multiple sclerosis, using his story to advocate for a more loving, inclusive world. 

If there is one thing I have learned along the way, it is this. 

The stories we are most afraid to tell are often the ones someone else is waiting to hear. They are the ones that will set us free. 

Visibility is not easy. 

But it is worth it. 

Because somewhere out there, a young person might be watching, trying to understand who they are and where they belong. 

And sometimes all it takes to change their future is seeing someone who chose to turn their face towards the light and let the shadows fall where they may. 

 

BIO: 

Matt Kenny is a recovering hockey player turned marathon runner, LGBTQ+ and disability advocate and ambassador for You Can Play Project. After spending more than a decade as a closeted hockey player, Matt now uses sport and storytelling to advocate for visibility, inclusion and resilience. Living with multiple sclerosis, he is pursuing the World Marathon Majors while sharing his journey to remind others that the parts of ourselves that feel the most frightening to reveal are often the parts the world needs most. He is currently writing a book about his experience growing up as a closeted hockey player. When he is not running or speaking, you can usually find him in a backward hat trying to convince people that they are already perfect and already loved. 

IG: @matt__runs 

Bill 27 in Quebec, also known as the Act to modernize the occupational health and safety regime (AMOHSR), marks a major turning point for workplaces. As of October 6, 2025, organizations must now include mental health and psychosocial risks in their prevention obligations on par with physical safety.

This shift transforms not only health and safety management but also how organizations approach diversity, equity, inclusion, and accessibility (DEIA). Bill 27 promotes healthier, safer, and more humane workplaces, a critical issue for both employers and employees.

Its implications for DEIA are both structural and cultural, as they require more inclusive, equitable, and safe practices in all professional settings.

In recent years, several employers – such as Agendrix, a developer of employee management software (schedule planning, timesheet tracking) – have established policies and measures to enhance their employees’ wellness.

“At Agendrix, we have long believed that mental health deserves our attention. Long before Bill 27 came into effect, we had already implemented concrete measures to reduce stress and support our team on a daily basis. This includes 10 wellness days per year, which can be taken without justification, access to the Dialogue virtual health platform, and a stipend for mental health care. We don’t claim to have all the answers, but we strive to create an environment where asking for support is simple, normal, and respected.”—Mathieu Allaire, CEO and Co-founder of Agendrix.

 

What is Bill 27?

 

Passed by the National Assembly on September 30, 2021, as “Bill 59” and signed into law on October 6, 2021, the legislation – now known as the “Act to modernize the occupational health and safety regime (AMOHSR)” or Bill 27 – represents the most significant reform of the Act Respecting Occupational Health and Safety since 1979. After more than 40 years without major changes, the bill has completely modernized occupational health and safety legislation. Following a phased implementation of provisions related to governance, accountability, and new benefits between 2021 and 2024, the provisions requiring the management of psychosocial risks have become applicable, with associated regulations taking effect on October 6, 2025.

 

In particular, it requires organizations to:

• Recognize psychosocial risks such as occupational hazards;

• Implement structured prevention measures;

• Train managers and involve employees;

• Document and monitor the actions implemented.

These obligations apply to all businesses with as few as one employee, with stricter requirements for those with 20 or more employees.

 

Why is Bill 27 important for DEIA?

 

The main implication of Bill 27 for Quebec employees is greater consideration of mental health and psychosocial risks in the workplace.

Psychosocial risks affect people differently depending on:

• Their identity

• Their cultural or linguistic background

• Their disability

• Their employment status

• Their exposure to discrimination or microaggressions

 

Thus, Bill 27 reinforces the importance of inclusive and equitable leadership.
It calls on organizations to:

• Recognize that mental health is influenced by the culture of the environment;

• Create safe and inclusive spaces for people from equity-seeking groups;

• Improve communication, workload management, and recognition practices;

• Reduce barriers for people with disabilities;

• Establish clear prevention and intervention policies.

It is also an opportunity to build environments where everyone feels heard, supported, and respected.

 

For employees, this means in concrete terms:

• Greater protection of mental health: The law expands the scope of protection to explicitly include psychosocial risks (such as stress, harassment, work overload, isolation, and lack of recognition) that can harm mental health.
• New obligations for employers: Employers now have a legal obligation to document and implement measures to prevent these risks in their occupational health and safety (OHS) prevention plans. This should lead to healthier work environments.
• The right to a safe workplace: The employee’s fundamental right to a safe work environment is strengthened to encompass both physical and psychological well-being. The employer must take the necessary measures to protect the worker’s health, safety, and physical and psychological well-being.
• Increased participation: Worker participation in identifying risks and developing prevention measures is a key factor for effective OHS management, which can lead to better communication and improved working conditions.

 

What psychosocial risks does Bill 27 address?

 

A major objective is to explicitly expand employers’ obligations to include the protection of workers’ mental health and psychological well-being. Employers are now required to identify, analyze, and implement preventive measures against psychosocial risks.

Psychosocial risks include, in particular:

• Work overload or excessive workload

• Lack of recognition

• Unresolved conflicts

• Psychological or sexual harassment

• Isolation or lack of support

• Ambiguity or role conflict

• Discrimination, incivility, or microaggressions

These factors can lead to stress, distress, relationship tensions, decreased engagement, or prolonged absences.

 

Employers’ main obligations

 

To comply with Bill 27, employers must implement a prevention program that includes:

• Identification and assessment of psychosocial risks

This includes gathering information and analyzing job roles, management practices, and the work environment.

• Examples of concrete prevention measures
• Clear policies and processes for conflict management;
• Workload management;
• Manager training;
• Recognition strategies;
• Confidential reporting mechanisms.

• Worker participation

Co-creation fosters a culture of trust, transparency, and inclusion.

• Ongoing monitoring

Measures must be reviewed, documented, and adjusted to maintain their effectiveness.

 

Non-compliance: severe consequences for employers

 

There are fines in Quebec for non-compliance with Bill 27, as its implementation includes strict enforcement provisions. Employers may face fines of up to $20,000 for a first offence and harsher penalties for repeat offences, with fines that can double or triple, as well as an increased risk of CNESST interventions and civil lawsuits.

 

Penalties for non-compliance

For organizations, failure to comply with obligations may result in:

• Fines (up to $20,000 for a first offence);

• Fines doubled or tripled in the event of a repeat offence;

• Additional inspections;

• Corrective orders;

• The risk of civil litigation.

The best protection remains a proactive, well documented, and inclusive approach.

 

What does this mean for employees?

Bill 27:

• Strengthens the right to a psychologically safe workplace;

• Increases employees’ ability to participate in improving the work environment;

• Protects physical and psychological well-being;

• Promotes more respectful, equitable, and inclusive environments.

 

The impact of Bill 27 on diversity and equity

By holding employers accountable for psychosocial risks, Bill 27 encourages reflection on workload, autonomy, recognition, and the quality of relationships—factors that are often unevenly distributed based on gender, origin, disability, or employment status. For example, people from visible minority groups or with disabilities are more frequently subjected to harassment, isolation, or a lack of recognition, and the law provides a lever to challenge these inequalities.

Prevention and monitoring obligations can be combined with equal employment opportunity programs and DEIA plans to improve representation, reduce systemic discrimination, and enhance transparency in staff-related decisions. Several Quebec organizations are already integrating the prevention of psychosocial risks into DEIA action plans, including manager training, disability awareness, and analysis of the barriers faced by various target groups.

 

The impact of Bill 27 on inclusion and accessibility

Bill 27 promotes the establishment of health and safety committees or OSH representatives who participate in identifying psychosocial risks and monitoring prevention measures, thereby creating a formal space for employees – including those from marginalized groups – to voice their realities. Although the bill is not a specific accessibility law, its integration with disability rights laws and accessibility plans is increasingly prompting organizations to consider accessibility (built environment, information, workplace accommodations) as a health and safety requirement.

 

For people with disabilities, better management of psychosocial risks can reduce isolation, the burden associated with requests for individual accommodations, and the fear of retaliation when they report barriers or harassment. Action plans that integrate DEIA and accessibility support an inclusive approach to designing environments (accommodations, adapted communication, participation in decision-making) that meets both prevention requirements and sustainable inclusion objectives.

 

For the successful implementation of Bill 27

Organizations that use Bill 27 as a catalyst to review their management practices (recognition, workload sharing, flexibility, accessibility, complaint handling) can turn it into a concrete tool for reducing inequalities and improving a sense of belonging for all employees.

Bill 27 represents a unique opportunity to:

• Recognize the importance of mental health;

• Prevent psychosocial risks;

• Strengthen healthy and inclusive workplaces;

• Support equity and accessibility in the workplace.

 

This bill is not just a legal obligation. It is a powerful tool for improving collaboration, organizational culture, and everyone’s well-being.

It is essential to foster dialogue to engage our workplaces and communities in discussions about the stress and stigma associated with mental health, as well as to educate and raise awareness. Together, employers and employees can reduce risks.

CCDI offers several educational resources to help you learn how to encourage and facilitate conversations about mental health in your workplace.

• 2SLGBTQIA+ inclusion
• Mental health in the workplace
• Neurodiversity
• Trans, non-binary, and gender diverse inclusivity in the workplace

 

The purpose of Bill 27 is to explicitly integrate mental health on par with physical safety, recognizing psychosocial risks (stress, harassment, overload, sexual violence, isolation, etc.) as occupational hazards. This law is more than an administrative reform: it represents a profound transformation of the culture of prevention in Quebec. For organizations, this is an opportunity to build safer and more inclusive workplaces where health and safety become the pillars of performance and sustainability.

By the CCDI Team

Many leaders who are committed to creating and fostering inclusive workplaces recognize a key distinction in people-practice frameworks. While diversity is about who is represented, inclusion reflects the intentional actions and conditions that allow each person to contribute and achieve their full potential.^[1] However, many 2SLGBTQI+ professionals still face inequalities that limit their sense of belonging and thriving. Systemic barriers, limited mentorship, and inadequate access to leadership pipelines continue to carry a significant cost: exclusion.^[2]

Building an inclusive workplace isn’t just the right thing to do—it’s smart business. Research shows that environments lacking inclusion and equity may contribute to higher turnover, lower morale, and reduced innovation.^[3],[4] To help strengthen inclusion across communities and organizations, Women and Gender Equality Canada created the Unity campaign, a suite of free, evidence-based resources designed to support practical, everyday allyship.

Inclusion must be intentional and informed, and the Unity campaign offers a clear and accessible framework. It helps challenge stigma, deepen understanding, and strengthen allyship with 2SLGBTQI+ communities across Canada. The initiative is rooted in the simple but profound belief that everyone in Canada should feel free and safe to be who they are.

Unity is designed for individual practitioners, employers and their employees who:

• want to demonstrate empathy, acceptance and humanity when engaging with 2SLGBTQI+ people
• want to learn respectful and inclusive language when engaging with 2SLGBTQI+ people
• are concerned about accidentally saying the wrong thing
• want to show support to colleagues, friends, and family
• believe in creating a safer, more inclusive Canada

The campaign centres on three accessible steps: Spot a Stigma, Debunk the Bias, and Speak Up. These elements help individuals and workplaces reflect on assumptions, challenge misconceptions, and take concrete action to support inclusion in everyday spaces. The Unity campaign’s tools are practical, easy to use, require little onboarding, and can be implemented at no cost. They’re designed to meet organizations and individuals where they are, offering simple, clear steps that can be scaled over time.

Unity’s fact sheets, real-life stories, and practical guidance can be used in staff meetings, onboarding sessions, or lunch-and-learns to build shared understanding. These tools help organizations meaningfully integrate inclusion into their corporate culture, not just annual training.

CCDI is proud to amplify this nationwide effort, recognizing that workplace inclusion requires more than policies; it requires shared language, empathy, and the confidence to engage in courageous conversations. We encourage employers and inclusion practitioners to explore the Unity toolkit, integrate it into training and development strategies, and use the campaign as a catalyst for ongoing learning, allyship, and cultural change.

Leaders play a critical role in modelling inclusive workplaces. When leadership intervenes with empathy and clarity, responsibility for workplace culture is shared rather than placed solely on marginalized employees. By normalizing inclusive language, addressing issues early, and committing to continuous learning, we can strengthen inclusion in Canadian workplaces and communities.

Visit the Unity website or access the free toolkit to get started today.

By Danyel Haughton
Human Rights Officer at the Public Service Alliance of Canada (PSAC)

Across our communities and in our digital spaces, we continue to see hate speech, discrimination, and division, even as many people work toward a more equitable and inclusive future.

In the midst of the fight for equity, one idea keeps re‑emerging: “reverse racism.” Some people use this term when they feel uncomfortable with conversations about equity, or when they believe racial and social justice efforts are unfair to White people. However, to understand why the idea of reverse racism is a harmful myth, we first need to be clear about what racism actually is.

What is racism?

Racism is more than individual prejudice or hateful attitudes. Racism refers to beliefs, actions, and systems that treat one group as superior and another as inferior. It’s built on the false idea that differences between groups of people are innate and that it is acceptable to dominate, oppress, dehumanize, marginalize, or discriminate against those who do not belong to the dominant group. Racism and ideas around racial hierarchies have been used in order to justify the theft of land, resources, and people, as well as violence and the destruction of cultures.

Racism is strengthened and maintained by systems of power, laws, institutions, policies, and historical structures that have placed certain groups (mainly White people in Canada) at an advantage, while harming or excluding others.

Moreover, racism often intersects with other forms of discrimination, such as sexism, homophobia, classism, transphobia, xenophobia, and ableism. Failing to consider these intersections can result in an incomplete understanding of how discrimination operates.

 

The harmful myth of “reverse racism”

The idea of “reverse racism” has emerged as a defensive response to growing public awareness of the impacts of colonization, racial injustice, and inequity. It tends to surface when conversations about racism make people, especially White people, uncomfortable.

Sometimes, accusations of “reverse racism” are tied to what author and scholar Robin DiAngelo calls White fragility, which is the defensive reactions White people may have when confronted with issues of race or their own privilege. These reactions can include anger, denial, or insisting that they are the victims of racism.

The concept has also been used by far‑right groups to support false claims that White people are now “under attack” or being discriminated against. These claims ignore both the historical context of racism and the ways racism and discrimination operate in our present moment. We continue to witness medical neglect, job discrimination, over‑policing, mass incarceration, environmental racism, and many other forms of structural harm impacting Indigenous, Black, and racialized communities.

Why “reverse racism” is problematic

Many White people have been taught to see equity as a zero‑sum game; if someone else gains justice, safety, or opportunity, then they must be losing something. However, building equitable communities isn’t about winners and losers; it’s about making sure everyone is safe from harm, valued, and able to thrive.

Additionally, the term reverse racism ignores the systemic nature of racism in Canada. It treats racism as only individual bias or an interpersonal issue, rather than a long‑standing structure tied to:

• Colonization
• The destruction of Indigenous cultures and the displacement of Indigenous Peoples
• Stolen land
• Enslavement, and
• The exploitation and marginalization of Black and other racialized communities

The very word ‘reverse’ implies that racism should flow toward marginalized and disempowered groups of people, almost like that’s the natural order, and that racism only emerges as a problem when White people “feel” targeted. Moreover, disconnecting racism from history and systems of domination and power is a purposeful tactic by those in power to maintain the status quo.

The impact of treating “reverse racism” as legitimate

So, what is the impact of treating the idea of reverse racism as valid?

• It shuts down difficult but necessary conversations about inequity, power, colonization, history, and race.
• It centers the feelings of White people instead of the lived realities of those who have experienced racism for generations.
• It treats racism as only an interpersonal issue, ignoring the systems of power that cause harm on a much larger scale.
• It hinders collective progress by shifting attention away from addressing harm and toward protecting comfort.

The role of allies and accomplices

Allies and accomplices have a role to play in the struggle for equity and social justice.

• Have honest conversations with your friends, family, and colleagues about racism and inequity.
• Reflect on how you may benefit from systems of power, even unintentionally.
• Listen deeply to the people and communities affected by racism.
• Center their experiences and voices, not your own discomfort or defensiveness.
• Commit to ongoing learning, unlearning, and action.

In the face of growing acts of racism and discrimination against Indigenous, Black and racialized people, especially those who are poor, disabled, undocumented, and gender diverse, narratives that dismiss our lived experiences must be challenged.

Remember, anti‑racism is not about perfection; it’s about responsibility. As author and activist Ijeoma Oluo reminds us:

“The beauty of anti-racism is that you don’t have to pretend to be free of racism to be an anti-racist. Anti-racism is the commitment to fight racism wherever you find it, including in yourself. And it’s the only way forward.”

What anti-racism asks of us

Building an anti‑racist future won’t be easy, but it starts with telling the truth, defending human dignity, and challenging structures and behaviours that perpetuate racism. Anti‑racist communities are built together, brick by brick, and the more we understand what racism truly is, the better we can fight it.

********

Video resource: https://www.youtube.com/watch?v=dw_mRaIHb-M

Danyel Haughton is an activist and a future ancestor. She works as a Human Rights Officer at the Public Service Alliance of Canada (PSAC). Her fight for liberation takes place on the ancestral and unceded territories of the Mi’kmaq People.

On January 1, 2026, Ontario will implement a transformative set of reforms to the Employment Standards Act (ESA), reforms that place diversity, equity, inclusion, and accessibility (DEIA) at the heart of the hiring process. These changes aim to dismantle systemic barriers and promote fairer access to employment through greater transparency, accountability, and inclusivity in publicly advertised job postings. Employers will face new obligations around disclosure, prohibitions, and record-keeping, while job seekers, especially those from equity-deserving or marginalized communities, will gain new rights that support equitable hiring practices. This blog post breaks down what’s changing, why it matters from a DEIA perspective, how both employers and applicants can prepare, and practical steps to lead with inclusion.

Key ESA changes supporting DEIA

Here are the key new obligations under the ESA for employers that apply as of January 1, 2026. These apply only to employers that have at least 25 employees on the day the publicly advertised job posting is posted.

1. Removing barriers: The ban on Canadian experience requirements

Although this was already part of the Ontario Human Rights Code, one of the most impactful changes to Ontario’s ESA is the prohibition of “Canadian experience” requirements in publicly advertised job postings and application forms. This change directly addresses a long-standing barrier faced by internationally-trained professionals, many of whom are newcomers to Canada. This change recognizes the value of global experience and helps newcomers contribute their full potential to the workforce. By eliminating this criterion, the legislation promotes fairer access to employment opportunities. It’s a meaningful step toward dismantling systemic bias in hiring and fostering a more inclusive labour market.

Call to action for employers

• Review and revise all job postings to ensure they do not reference Canadian experience as a requirement, directly or indirectly.
• Educate hiring managers and teams on inclusive evaluation practices that value diverse professional backgrounds and competencies.

 

2. Advancing pay equity: Mandatory compensation disclosure

 As of January 1, 2026, Ontario employers will be required to include either the expected compensation or a salary range (with a maximum range spread of $50,000) in all publicly advertised job postings. This change is a required step toward pay transparency, helping to close wage gaps and support equitable compensation practices across sectors. By making salary expectations clear upfront, job seekers – particularly women, racialized individuals, and other equity-deserving communities – are better positioned to advocate for fair pay and make informed career decisions.

Call to action for employers

• Standardize salary bands across roles to ensure consistency and fairness.
• Audit compensation policies to identify and address any biases or inequities in pay structures and job families.

 

3. Ensuring fairness in tech-driven hiring: AI use disclosure

Under the new ESA requirements effective January 1, 2026, employers in Ontario must disclose when artificial intelligence (AI) is used to screen or assess job applicants. This change is a critical step toward increasing transparency and accountability in recruitment processes that rely on technology. AI tools, while efficient, can unintentionally reinforce biases if not properly designed or monitored, potentially disadvantaging equity-deserving groups such as Indigenous Peoples, racialized candidates, persons with disabilities, or newcomers. By mandating disclosure, the legislation empowers applicants to understand how their data is being used and encourages employers to take responsibility for the fairness of their hiring systems.

Call to action for employers

• Conduct a thorough audit of all AI-based recruitment tools to assess for bias, fairness, and compliance with human rights standards.
• When applicable, include a clear and visible statement in job postings that has been used in the screening or assessment process, specifying how and at what stage it is applied.
• Engage diverse parties in evaluating AI tools to ensure inclusive design and implementation.

 

4. Respecting candidate dignity: Timely communication after interviews

Starting January 1, 2026, Ontario employers will be required to notify all candidates who were interviewed of the final hiring decision within 45 days. This change is more than procedural; it’s a recognition of the emotional and professional investment candidates make during the hiring process. Timely and respectful communication is especially important for equity-deserving groups, who may already face systemic barriers and uncertainty in employment. By formalizing this requirement, the ESA promotes a more inclusive and transparent candidate experience, helping to build trust and reduce the stress associated with prolonged silence or unclear outcomes.

Call to action for employers

• Establish structured follow-up protocols that ensure every interviewed candidate receives a timely update, regardless of the outcome.
• Craft inclusive and respectful communication templates that acknowledge the candidate’s effort and provide closure, while maintaining a positive employer brand.

Final thoughts

The upcoming January 2026 ESA changes represent a positive step forward for fairness and inclusion in Ontario’s workplaces. By being transparent about pay, open about technology, and welcoming to diverse experiences, employers can help create a labour market that truly reflects Ontario’s and Canada’s , resulting in a stronger, more equitable workplaces for everyone.