On November 27, 2025, Ontario Bill 30, Working for Workers Seven Act, 2025, came into force. Bill 30 amends, among other things, the Employment Standards Act, 2000 (“ESA”), Occupational Health and Safety Act (“OHSA”) and Workplace Safety and Insurance Act (“WSIA”). The following is a summary of key amendments. All amendments are in effect now – except regarding fraudulent job postings and a regulation requiring defibrillators on site, which both come into effect on January 1, 2026 (see below).
What changes have been made to the ESA?
Bill 30 made the following changes to the ESA.
a. Fraudulent job postings
As of January 1, 2026, a person who operates a job posting platform is required to:
- Have a procedure for users of the platform to report a fraudulent job posting, and
- Post a written policy regarding fraudulent job postings and how the operator will address such a posting.
This requirement only applies to an operator of a “job posting platform.” It does not apply to an employer that has an online platform that only advertises job postings for positions with the employer.
b. Job seeking leave
An employer who provides notice of termination to 50 or more employees (a “mass termination”) must provide an employee who receives the notice with three days of unpaid “job seeking leave” during the notice period to engage in activities related to obtaining employment. This job seeking leave is only available if the employee is provided with “working notice” and not termination pay in lieu of working notice. If 25% or less of the notice period is “working notice,” the leave is not available.
An employee must advise the employer three days in advance (if possible) of their intention to take the leave. An employer may require an employee to provide evidence reasonable in the circumstances that they are entitled to the leave (i.e., evidence they took leave to job search, interview or complete training).
c. Extended temporary lay-off
Prior to Bill 30, a “temporary lay-off” was not a termination under the ESA if the lay-off was:
- Equal to or less than 13 weeks in any period of 20 consecutive weeks, or
- Less than 35 weeks in any period of 52 consecutive weeks if certain conditions are met.
Now, an “extended temporary lay-off” is available with respect to a non-unionized employee, for a period of less than 52 weeks in any period of 78 consecutive weeks.
Requirements:
- An employer and employee must agree in writing (an employee may not withdraw their agreement)
- The Director of Employment Standards must approve the agreement (which expires on the earlier of (a) the latest date the employer intends to recall the employee and (b) the first day on which the lay-off is 52 or more weeks in any period of 78 consecutive weeks)
- An employer must provide the employee in writing the latest date it intends to recall the employee and a statement that the employee may not withdraw their agreement
- An employer must retain a copy of the agreement for three years after the approval expires.
What changes have been made to the OHSA?
Bill 30 made the following changes to the OHSA.
a. Health and safety management systems equivalency
Health and safety management systems that have been accredited by the Chief Prevention Officer must be treated as equivalents for any purpose for which they are required. The Lieutenant Governor in Council may make regulations governing:
- Procurement or tendering requirements related to accredited health and safety management systems that project owners, constructors, or employers may impose on a project.
- Record-keeping requirements.
b. Defibrillator on site
On January 1, 2026, O. Reg. 157/25: Construction Projects will come into force, requiring an automatic external defibrillator be available at a construction project expected to last three months or longer, with 20 or more workers. For more information on these requirements, see our previous briefing note.
Bill 30 legislates a reimbursement mechanism through the Workplace Safety and Insurance Board (“WSIB”) should an employer be required to have a defibrillator on site. The WSIB may determine the form and timing of any such reimbursement, subject to any regulation from the Lieutenant Governor in Council (e.g., re the application, eligibility, time limits, and maximum reimbursement).
c. Administrative penalty scheme
An inspector will have the authority to impose an administrative penalty if the inspector finds a person has contravened or failed to comply with the OHSA or its regulations. The amount of the administrative penalty shall be determined in accordance with the regulations. A person may request a review of the notice of administrative penalty in accordance with the regulations and the notice may be confirmed, varied or set aside. If a person pays the administrative penalty, that person cannot be charged with an offence under the OHSA for the same contravention.
What changes have been made to the WSIA?
Bill 30 made the following changes to the WSIA.
a. Administrative penalty for false or misleading statement or inaccurate record keeping
An employer that makes a false or misleading statement or representation to the WSIB in connection with any person’s claim for benefits under the insurance plan, will be subject to an administrative penalty, in addition to any penalty imposed by a court for an offence under the WSIA.
Similarly, if an employer does not meet the requirement to keep accurate records of wages paid or does not produce those records to the WSIB when asked, it may be subject to an administrative penalty, in addition to any penalty imposed by a court.
b. Failure to pay premiums
It is an offence for a Schedule 1 employer to fail to comply with the requirement to calculate and pay premiums to the WSIB. Further, an employer that does not pay premiums when they become due may also be subject to an administrative penalty. This penalty will be in addition to any existing amounts payable to the WSIB and any penalty imposed by a court for an offence. Courts will also be authorized to order an employer to pay outstanding premiums to the WSIB.
c. Provisions regarding penalty for an offence
An employer convicted of two or more counts of the same offence in the same legal proceeding is liable to a maximum penalty of $750,000 for each conviction. The WSIA now also has an express list of aggravating factors to be considered when determining a penalty for an offence under the WSIA (previous conviction, conviction of two or more counts of the same offence in the proceeding, record of prior non-compliance with the WSIA).
To learn more and for assistance, contact your Sherrard Kuzz lawyer or info@sherrardkuzz.com.
The information contained in this article is provided for general information purposes only and does not constitute legal or other professional advice, nor does accessing this information create a lawyer-client relationship. This article is current as of December 2, 2025 and applies only to Ontario, Canada, or such other laws of Canada as expressly indicated. Information about the law is checked for legal accuracy as at the date the article is prepared but may become outdated as laws or policies change. For clarification or for legal or other professional assistance please contact Sherrard Kuzz LLP.