'This minimum wage isn't a real minimum wage because it only applies to just a little over half the time that we're at work'
Ontario’s legislation protecting digital platform workers such as Uber drivers has officially come into effect.
The Digital Platform Workers’ Rights Act (DPWRA) is in force as of July 1.
"Ontario is proud to lead the country by introducing the Digital Platform Workers’ Rights Act (DPWRA), the first legislation of its kind to establish new enforceable rights and core protections for workers who provide ride-share, delivery, and courier services through the use of digital platforms,” the Ontario Ministry of Labour stated on Monday, according to a CBC report.
Ontario’s new legislation mandates key worker protections, including timely information disclosure—such as details about their role, pay calculation, gratuity, and performance evaluation criteria—within 24 hours of sign-up.
It also enforces a minimum wage requirement, obligating platform operators to pay workers at least the Ontario minimum wage for active work time.
Another significant provision is the added protection for workers whose accounts are suspended or terminated by platform operators.
Under the legislation, corporations can be fined $15,000 for a first offence and up to $50,000 for a third or subsequent offence within three years. Individuals may be fined $250 for a first offence and up to $1,000 for repeated violations.
“In addition, operators will be prohibited from retaliating against workers for asserting their rights, filing complaints, or cooperating with investigations,” the ministry said, as reported by CBC.
To avoid any penalties and to ensure a smooth transition into these new legal obligations, one expert recommends that operators begin reviewing and revising policies, preventing reprisals, and ensuring proper pay practices and payment methods are clearly laid out.
Despite these developments, the legislation has attracted criticism.
Jennifer Scott, president of Gig Workers United, argues the minimum wage provision is flawed.
“This minimum wage isn’t a real minimum wage because it only applies to just a little over half the time that we’re at work,” Scott CBC, explaining that gig workers experience both engaged time (actively working) and unengaged time (waiting for orders or customers).The law also does not provide paid sick leave, statutory holiday pay, overtime, or rights to make Employment Insurance (EI), Canada Pension Plan (CPP), or Workplace Safety and Insurance Board (WSIB) contributions, Scott noted.
Additionally, while workers can file complaints with the Ontario Ministry of Labour, they cannot file with the Ontario Labour Relations Board. This effectively denies them access to arbitration, she said.
“It’s still lacking,” Scott added. “This legislation really denies workers basic rights and protections. It denies workers minimum wage for the entire time that we’re at work.”
Previously, legal experts at Littler pointed out that the government will establish a complaint system for non-compliance with the DPWRA, “which will be mutually exclusive with civil court actions with respect to the same subject matter.”
“Compliance officers may order operators to pay gig workers amounts owed to them, or compensation for loss in cases of reprisal or retaliation, in addition to an administrative cost equal to the greater of $100 or 10% of the amount to be paid to the gig worker,” said Littler’s associate Micah Fysh, knowledge management & legal research lawyer Rhonda B. Levy, and partner Matthew Badrov. “Compliance officers may also order reinstatement to the digital platform.”
Meanwhile, Earla Phillips, president of the Rideshare Drivers Association of Ontario, said the legislation doesn’t reflect drivers’ expenses or the precarious nature of the work.
“With the continued flood of more workers signing up to do this kind of work, you’re degrading their little tiny cut of the pie that doesn’t continue to grow with that growing workforce,” Phillips told CBC. “The pie is only so big. The pie is not growing in comparison to the amount of workers that are flooding onto gig work platforms.”
British Columbia Bill 148—which introduced regulations meant to provide fairness, minimum-wage measures and basic protections for app-based ride-hailing and delivery workers—took effect in 2024.
