Canada: Ontario Government Passes Amendments to Key Workplace Legislation

On November 27, 2025, the Working for Workers Seven Act, 2025 (Bill 30) received Royal Assent. Bill 30 amends 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 introduces several new provisions to the ESA that directly impact hiring practices, termination procedures, and layoff policies:

• Job-Posting Platform Accountability (in force January 1, 2026): An operator of a job-posting platform for publicly advertised job postings is required to:
  • Implement a mechanism or procedure for users to report fraudulent job postings.
  • Maintain a written policy addressing fraudulent job postings. A copy of the policy must be retained for three years after it ceases to be in effect.
  • 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.

NOTE: An employer that hosts a page or platform only for its own job postings (e.g., a job posting page on its own website) is excluded from these requirements. 

• Job-Seeking Leave (in force November 27, 2025): An employee who receives notice of termination as part of a mass termination under s. 58 of the ESA is entitled to three unpaid days of leave to search for new employment. This does 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 statutory notice period.
• Extended Temporary Layoffs (in force November 27, 2025): The ESA permits 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 (Director). A copy of the agreement must be retained for three years from expiry of the Director’s approval. A clarifying amendment also reflects 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 amends the OHSA to change OHSA enforcement considerably in the province:

• Administrative Penalties (in force November 27, 2025): A new Part IX.1 introduces an administrative penalty scheme, which 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. These amendments significantly change how OHSA breaches are addressed and may increase the likelihood of an employer’s facing a monetary penalty for non-compliance with health and safety obligations.
• Defibrillator Reimbursement (in force November 27, 2025): Certain employers that are 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 (in force November 27, 2025): 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

Bill 30 introduces increased fines and penalties for violations of the WSIA: 

• False Statements (in force November 27, 2025): An employer is 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 (in force November 27, 2025): 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 (in force November 27, 2025): 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 (in force November 27, 2025): 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 (in force November 27, 2025): 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

This legislation will change the options and obligations that apply where an employer in Ontario is facing workplace layoffs or closure. Employers may also want to be mindful of proactively managing health and safety-related compliance issues in light of the changes to the enforcement of, and penalties under, the OHSA and WSIA.