Summary
Ontario’s Bill 105, the Protecting Ontario’s Workers and Economic Resilience Act, 2026, proposes a number of amendments to the Workplace Safety and Insurance Act, 1997 (“WSIA”), the Occupational Health and Safety Act (“OHSA”), the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act, 1995. Many of the proposed amendments are noteworthy for employers, given their potential compliance, operational, and financial implications.
The Background
On April 20, 2026, the Ontario government introduced Bill 105, which quickly progressed through first and second reading, as well as debates, and has since been called for Third Reading. Bill 105 is positioned to proceed quickly once the Legislature resumes sitting on October 27, 2026.
Below is an overview of the most relevant proposed amendments that may affect employers.
Proposed Amendments to the WSIA
Bill 105 proposes changes to the WSIA, including the following:
Benefits Beyond Age 65: Under the current regime, loss-of-earnings (“LOE”) benefits generally terminate when a worker reaches age 65 or, in the case of workers injured after age 63, two years following the injury. Bill 105 would permit the Workplace Safety and Insurance Board (“WSIB”) to assess whether an employee would likely have continued working beyond those dates and, if so, allow the WSIB to extend LOE benefits beyond the age of 65 until the day on which the employee is likely to cease work.
Increase to LOE Benefits: Bill 105 would increase the rate used to calculate LOE benefits from 85% to 90% of the difference between a worker’s pre-injury and post-injury net average earnings. The increase would apply prospectively to new claims after the relevant provisions come into force. A similar change would be made to survivor benefits.
Mandatory Coverage: Bill 105 also proposes to expand mandatory coverage employers under the WSIA such that privately operated residential care facilities and group homes would be included in Schedule 1 of the WSIA’s O. Reg. 175/98 (General). These industries would consequently be subject to mandatory coverage under the WSIA.
If these proposed amendments come into effect, they may increase the duration of WSIA claims, increase claim costs and premiums for employers, and trigger new WSIB requirements for organizations not previously required to participate in the mandatory insurance scheme.
Proposed Amendments to the OHSA
Bill 105 proposes the following changes to the OHSA:
Worker Occupational Exposure Registry: Bill 105 would expand the statutory powers of the Chief Prevention Officer by authorizing the development and maintenance of a worker occupational exposure registry. This amendment would permit the Chief Prevention Officer to collect personal information directly from workers concerning exposure to physical, chemical, or biological agents in the workplace for the purpose of maintaining an informational registry.
Recognition of Extra-Provincial Safety Standards: Bill 105 would allow the Ministry of Labour, Immigration, Training and Skills Development (the “Ministry”) to recognize health and safety standards relating to training, personal protective equipment, and other standards relating to equipment from other Canadian jurisdictions or under an agreement between Ontario and another Canadian jurisdiction. As such, compliance with the recognized standards would be deemed compliance with an equivalent requirement in Ontario. This amendment is intended to reduce employer burdens in meeting health and safety standards across jurisdictions and encourage extra-provincial labour mobility.
Protective Headwear Reimbursement Program: Bill 105 would authorize the Ministry to reimburse certain employers and constructors for the cost of purchasing prescribed protective headwear. Details regarding the reimbursement framework, eligibility requirements, and qualifying equipment shall be prescribed in regulations to follow.
The occupational exposure registry is a voluntary, worker-facing portal that lets employees log exposures to certain hazardous substances. While it is not proposed to act as a compliance or enforcement tool, the data it collects could shape how the Ministry interprets, enforces, and surveils employer compliance obligations under the OHSA.
Proposed Amendments to the Employment Standards Act, 2000
Bill 105 also proposes to amend the ESA, including the following:
New Prohibition on Charging Employees for Uniforms: Bill 105 would prohibit employers from requiring employees to pay for uniforms or other prescribed employer-required items, including costs associated with repair or laundering. Limited exceptions would apply, including circumstances involving lost items, damage beyond normal wear and tear, or an employee’s failure to return employer property following the end of employment. Interestingly, any amounts improperly charged in relating to uniforms would be treated as wages owing and enforceable under the ESA.
Expanded Employment Standards Enforcement Powers: The Director of Employment Standards will have the authority to assign, or refuse to assign, an employment standards officer to investigate certain complaints. The complaints subject to potential inspections relate to employer compliance with job posting requirements, issuance of disconnecting from work policies and electronic monitoring policies, compliance with temporary help agency rules, and any other prescribed rules.
Should this amendment come into force, employers will be required to review and potentially revise policies and practices relating to uniform requirements in the workplace.
Amendments to the Labour Relation Act, 1995
Bill 105 further proposes to amend the Labour Relations Act, 1995 as follows:
Shorter displacement application timelines in the construction industry: A trade union in the construction industry will have one month, rather than the current two-month timeline, to apply for certification as bargaining agent for employees already covered by another collective agreement. This is commonly referred to as a displacement application.
Shorter termination application timelines in the construction industry: Employees in a bargaining unit will have one month, rather than the current two months, to apply for a declaration that the trade union no longer represents them. This is commonly referred to as a decertification application for the termination of bargaining rights.
Should these changes come into effect, employers in the construction industry may see accelerated organizing activity for both displacement and decertification applications. Employers should ensure their labour relations and legal strategies account for these truncated timelines.
Takeaways
Employers are encouraged to monitor the progress of Bill 105, as the proposed amendments may affect various aspects of the employment relationship and obligations under Ontario’s workplace legislation. While certain measures may provide greater flexibility, such as the harmonization of health and safety standards between provinces and new reimbursement benefits, other changes could increase employers’ compliance obligations, have implications on the management of WSIB claims, and increase costs relating to the same.
Filion will continue to track Bill 105’s progression through the legislative process and provide updates on its status, including which of the proposed amendments are ultimately enacted.
Need More Information?
For more information or assistance with Bill 105, contact Adele Zhang at azhang@filionlaw.com or your regular lawyer at the firm.