Ontario’s Digital Platform Workers’ Rights Act: Progress or Missed Opportunity?

On July 1, 2025, Ontario’s long-awaited Digital Platform Workers’ Rights Act, 2022 (DPWRA) came into force. Designed to address the growing concerns of gig economy workers—such as ride-share drivers and food delivery couriers—this new law introduces a unique set of rights for individuals working through digital platforms who are not classified as employees.

In this blog post, we analyze what the Act does (and doesn’t do), examine its most important provisions, highlight its key limitations, and explain how Apuntar Legal Services can help workers navigate this evolving legal landscape.

What is the Digital Platform Workers’ Rights Act?

The DPWRA applies to workers who provide services through digital platforms like Uber, DoorDash, SkipTheDishes, and Instacart, but who are not considered employees under Ontario’s Employment Standards Act (ESA).

Instead of changing worker classification, the Act carves out a separate legal regime, granting gig workers specific entitlements related to pay, transparency, removal from platforms, and dispute resolution.

Key Protections Under the DPWRA

Minimum Wage for "Active Time" Only

Gig workers are entitled to Ontario’s general minimum wage (currently $15.50/hour)—but only for “active time.”

“Active time” is defined as the period during which a worker is engaged in a work assignment, from acceptance to completion.

What’s not paid: Time spent waiting between assignments (e.g., sitting in your car waiting for a delivery or ride request) is not compensated under this law. This is a major limitation, as unpaid waiting periods are a significant part of a typical gig worker’s shift.

Tip Protection and Pay Transparency

• Workers must be paid all tips earned, with no deductions by the platform unless required by law.

• Platforms must provide:

  
  

  • A written explanation of how pay is calculated

  • A breakdown of pay per assignment

  • Regular earnings statements

  • Clarity on how tips, bonuses, and incentives are handled

Notice Before Removal from the Platform

Operators must:

• Provide a written explanation and two weeks’ notice before removing or suspending a worker’s access to the platform (unless for serious misconduct)

• Ensure transparency when limiting or blocking a worker’s ability to receive assignments

This is a significant step toward job security for gig workers, who previously could be deactivated with little notice.

Right to Information at Onboarding

Within 24 hours of beginning work, platforms must disclose:

• Pay structure

• How assignments are given

• How performance is evaluated (e.g., star ratings)

• Rules about tips and incentives

This helps workers understand the expectations and mechanics of the platforms they work for.

Local Dispute Resolution

Disputes between workers and platforms must:

• Be resolved in Ontario

• Not be outsourced to foreign jurisdictions or hidden behind binding arbitration unless mutually agreed upon

This protects workers from legal overreach and forced arbitration clauses often embedded in user agreements.

Notable Limitations of the DPWRA

While the Act is a step forward, it leaves out many important protections:

• No pay for standby time: Workers are only paid during active assignments—not while logged in and waiting.

• No employment classification: Workers remain independent contractors, outside of Ontario’s Employment Standards Act.

• No access to Employment Insurance (EI), Canada Pension Plan (CPP) contributions, or WSIB (workers’ compensation).

• No vacation pay, sick days, or overtime protections.

• No bargaining or union rights granted under this Act.

The DPWRA creates a minimum rights framework but avoids tackling the larger issue: whether gig workers should be treated as employees.

A Brief Look at BC's Stronger Approach

In contrast, British Columbia introduced reforms in 2024 that reclassify digital platform workers as employees for the purposes of:

• Employment Standards (minimum wage, vacation, termination pay)

• Workers’ Compensation (WorkSafeBC coverage)

• Mileage reimbursements (e.g., $0.45/km for ride-hail)

By embedding gig workers into its existing employment law, BC offers broader protections than Ontario. However, it also comes with more administrative responsibilities for platforms.

How Apuntar Legal Services Can Help

Navigating your rights as a digital gig worker can be confusing—especially with new legislation like the DPWRA. At Apuntar Legal Services, we specialize in helping workers understand and enforce their rights.

For Digital Platform Workers:

• Understand your entitlements: Learn when you should be paid and what to do if you’re not.

• Fight unfair removal: If you’ve been deactivated or suspended without proper notice or justification, we can help you challenge it.

• Review your pay statements: We can analyze your pay breakdown to ensure compliance with the law.

• Representation in disputes: Whether it's negotiating with platforms or filing formal complaints, we can be your legal voice.

Final Thoughts

Ontario’s Digital Platform Workers’ Rights Act is a positive first step—but it’s far from perfect. By limiting protections to “active time” and excluding key employee benefits, the law leaves many gig workers vulnerable to income instability, job insecurity, and legal uncertainty.

Whether you're a worker unsure about your rights—or a platform looking to stay compliant—Apuntar Legal Services is here to help. We are committed to making the gig economy fair, transparent, and legally sound for everyone involved.

Contact us today to learn how we can support you in navigating this new legal environment.