Shortly before the Ontario legislature took its summer break, it quietly introduced the next instalment of the working for workers legislative initiative, Bill 30, Working for Workers Seven Act, 2025. On November 27, 2025, the legislation was passed, amending the Employment Standards Act, 2000 (the “ESA”), the Occupational Health and Safety Act (the “OHSA”), and the Workplace Safety and Insurance Act, 1997 (the “WSIA”), among other statutes. This PH Report summarizes some of the key changes to these three statutes.
Changes to the ESA
Fraudulent job postings - In effect on January 1, 2026
“Job Posting Platforms” are defined as online platforms that display public job postings, but do not include online platforms operated by an employer that only advertise job postings for positions with the employer, or other exceptions that may be prescribed at a later date.
Procedure to report fraudulent job postings: Operators of Job Posting Platforms must have a procedure for users to report fraudulent public job postings to the operator of the Job Posting Platform. This procedure must be displayed in a conspicuous place on the platform where users of the platform are likely to see it.
Policy on reporting: Operators of Job Posting Platforms must also have a written policy regarding fraudulent publicly advertised job postings, which includes information about how they will address a fraudulent public job posting and information that may be prescribed at a later date. This policy must be posted in at least one conspicuous place on the platform where users of the platform are likely to see it.
Retention of policy: Operators of Job Posting Platforms must retain (or arrange for same) copies of every written policy on fraudulent publicly advertised job postings for 3 years after the policy stops being in effect.
No complaints: This new section is not subject to the complaint mechanism under section 96(1) of the ESA – i.e. an individual is not entitled to file a complaint alleging a violation of this section or have their complaint investigated.
Job-seeking leave - Currently in effect (as of November 27, 2025)
Entitlement to leave: Where 50 or more employees receive notice of termination in the same 4-week period, such employees are entitled to three days of unpaid leave during the notice period to engage in activities related to obtaining new employment. Activities include searching for jobs and attending interviews.
Evidence of leave: Employers are permitted to require employees taking this leave to provide evidence reasonable in the circumstances that the employee is entitled to the leave.
Taking a different leave: If an employee takes a leave of absence that they are entitled to by contract (but not the ESA), whether it is paid or unpaid, and the employee would also be entitled to leave under this section, the employee is deemed to have taken this new statutory job-seeking leave.
Restrictions on leave: If the employer provides termination pay in lieu of notice, even partly, and the working notice is 25% or less of the required notice period, employees receiving such termination pay are not entitled to this leave.
Extended Temporary Lay-Offs – Currently in effect (as of November 27, 2025)
Extended layoffs in certain circumstances: Employers can now extend the previous temporary lay-off of up to 35 weeks in any period of 52 consecutive weeks permitted under the ESA for non-unionized employees to a period of up to 52 weeks within a 78-week period if:
(i) an employer and employee agree in writing;
(ii) the written agreement specifies the latest recall date; and
(iii) the Director approves the agreement.
Once the agreement has been entered into, employees cannot withdraw their agreement.
Changes to the OHSA – Currently in effect (as of November 27, 2025)
Potential reimbursement of defibrillator costs: Certain employers that are required to have a defibrillator in the workplace[i] are now eligible to be reimbursed from the WSIB for the costs of one. Once a determination is made regarding the employer’s entitlement to a reimbursement, there is no appeal from the WSIB’s decision. Details regarding the process for applying for the reimbursement, the criteria for eligibility, and the timing of reimbursements are yet to be determined, but are expected to be communicated by the WSIB in December 2025. This reimbursement program is slated to be repealed at a date to be determined in the future.
Administrative penalties imposed by inspectors: Inspectors are authorized to issue administrative penalties for violations of the OHSA. The amounts of the administrative penalties will be set out in regulations.
Equivalent treatment of accredited health and safety management systems: Under the OHSA, organizations may develop and implement an occupational health and safety management system (“OHSMS”), which is “a coordinated system of procedures, processes and other measures that is designed to be implemented by employers to promote continuous improvement in occupational health and safety”. They may also seek to have their OHSMS evaluated by the Ministry of Labour and accredited by the Chief Prevention Officer (“CPO”) under section 7.6.1 of the OHSA and the Ontario Safe Employers Program if they meet certain requirements and standards established by the CPO. These standards recognize that there are different types of OHSMS that may be designed for the specific needs of the individual organization. Under the new legislation, the various OHSMS accredited by the CPO under section 7.6.1 of the OHSA will be treated as equivalents for compliance purposes. Bill 30 also introduces authority for regulations to be introduced to govern this equivalency, including regulations regarding record-keeping requirements related to the use of the OHSMS on a construction project.
Changes to the WISA – Currently in effect (as of November 27, 2025)
Prohibition on making false statements: Employers are explicitly prohibited from making a false or misleading statement or representation to the WSIB regarding a worker’s claim for WSIB benefits. Doing so can attract administrative penalties.
Administrative penalties: Employers who violate the wage record-keeping requirements under section 80 of the WSIA or default in paying premiums as required by section 89 of the WSIA are now subject to administrative penalties prescribed by the WSIB, in addition to any penalty imposed by a court for the associated offence under the WSIA.
Non-payment of premiums deemed an offence: Keeping with the above, it is now an offence under the WSIA for a Schedule 1 employer to fail to pay premiums to the WSIB when they are due.
Increase in Fines: The WSIA sets out the maximum monetary fines to be imposed by a Court for individuals and organizations who are convicted of an offence at $25,000 (and/or possible imprisonment up to 6 months) and $500,000, respectively. Bill 30 adds a new penalty for a person who is “not an individual” (i.e. corporations and organizations) convicted of two or more counts of the same offence in the same proceeding up to a maximum of $750,000 for each conviction. Courts are also now expressly required to consider the following “aggravating factors” when determining the penalty to be imposed on a conviction:
A previous conviction of a WSIA offence;
a record of prior non-conformance with the WSIA; and
where there are convictions on more than one count of the same offence in the subject legal proceeding.
These aggravating factors are in addition to other factors a court may look at.
If you have any questions about the amendments above, please contact a member of our team.
[i] I.e. persons who are employers within the meaning of the WSIA and who meet such other criteria prescribed by the OHSA (see O. Reg. 213/91 https://www.ontario.ca/laws/regulation/910213) such that they are required to equip their workplace with a defibrillator. A reminder that O. Reg. 157/25 comes into effect on January 1, 2026 and requires constructors at a construction project where (i) there are 20 or more workers regularly employed; and (ii) the project is expected to last at least 3 months to have a defibrillator installed and maintained at the project.