Canada: Ontario Government Introduces Significant Changes to Key Workplace Legislation

On May 28, 2025, the Ontario Government introduced the Working for Workers Seven Act, 2025 (Bill 30). If passed, Bill 30 will amend the Employment Standards Act, 2000 (ESA), Occupational Health and Safety Act (OHSA), and Workplace Safety and Insurance Act, 1997 (WSIA). 

Key amendments to each of these pieces of legislation are summarized below.

ESA Amendments

Bill 30, if passed, will introduce several new provisions to the ESA that directly impact hiring practices, termination procedures, and layoff policies:

• Job Posting Platform Accountability: An operator of a job posting platform for publicly advertised job postings will be required to:
  • Implement a mechanism or procedure for users to report fraudulent job postings.
  • Maintain a written policy addressing fraudulent job postings.
  • Post or display the mechanism or procedure for addressing fraudulent job postings and the written policy on fraudulent postings in a conspicuous place on the platform where it is likely to come to users’ attention.
• Job Seeking Leave: An employee who receives notice of termination as part of a mass termination under s. 58 of the ESA will be entitled to three unpaid days of leave to search for new employment. This will not apply if the employee is provided, in whole or part, with termination pay instead of notice where the “working notice” period is 25% or less of the total notice period.
• Extended Temporary Layoffs: The ESA will permit an extended temporary layoff for non-unionized employees of 35 or more weeks within a consecutive 52-week period, so long as it does not exceed 52 or more weeks within a consecutive 78-week period. An extended layoff must be agreed to by the employee and employer and approved by the Director of Employment Standards. A clarifying amendment will also reflect that unionized employees may be subject to a temporary layoff of up to 35 weeks in any consecutive 52-week period, where the employer recalls the employee within the timeframe set out in an agreement between an employer and the trade union.

OHSA Amendments

Bill 30 is poised to introduce amendments to the OHSA that may considerably change the manner of OHSA enforcement in the province:

• Administrative Penalties: A new Part IX.1 will introduce an administrative penalty scheme that will allow inspectors to issue penalty notices for non-compliance, with fines determined by regulation. If the fine is paid, the person cannot be charged with an offence under the OHSA with respect to the same contravention. If passed, these amendments will significantly change how OHSA breaches are addressed and may increase the likelihood of an employer facing a monetary penalty for non-compliance with health and safety obligations.
• Defibrillator Reimbursement: Certain employers required under the OHSA to install a defibrillator in the workplace may be eligible for reimbursement for the associated costs from the Workplace Safety and Insurance Board (WSIB). Regulations may be prescribed to govern the reimbursement process.
• Equivalency of Accredited Safety Systems: Health and safety management systems accredited by the Chief Prevention Officer will be treated as equivalents where required under the OHSA. Regulations may be prescribed to address equivalency and the use of such systems on construction projects.

WSIA Amendments

If passed, Bill 30 will introduce increased fines and penalties for violations of the WSIA:

• False Statements: An employer will be expressly prohibited from making false or misleading statements about a benefit claim to the WSIB and may be subject to an administrative penalty, in addition to any other penalty imposed by a court.
• Wage Record Penalties: An employer that fails to maintain accurate wage records or produce wage records on request of the WSIB may be subject to an administrative penalty, in addition to any other penalty imposed by a court.
• Penalties for Failure to Pay Premiums: An employer may be guilty of an offence under the WSIA for a failure to pay premiums when due, with a court having the ability to order restitution related to any failure to pay. Additionally, an employer may be subject to an administrative penalty for failing to pay premiums, in addition to any other penalty imposed by a court.
• Increased Fines: A person convicted of two or more counts of the same offence in the same legal proceeding may be liable for a fine of up to $750,000 for each conviction.
• Aggravating Factors for Employers: Prior convictions, multiple convictions in the same legal proceeding, and a record of non-compliance may all be considered aggravating factors by a court when determining the penalty for a defendant employer found guilty of an offence under the WSIA.

Impact on Employers

We will continue to update employers on the progress of this legislation. Employers may want to prepare now, in particular, by proactively managing health and safety-related compliance issues prior to any changes to the enforcement of, and penalties under, the OHSA or WSIA.