Ontario is proposing amendments to various pieces of workplace legislation impacting employers once again, this time via Bill 105, Protecting Ontario’s Workers and Economic Resilience Act, 2026 (“Bill 105”). If passed, Bill 105 would amend the Employment Standards Act, 2000 (the “ESA”), the Labour Relations Act, 1995 (the “LRA”), the Occupational Health and Safety Act (“OHSA”), and the Workplace Safety and Insurance Act, 1997 (the “WSIA”), among other less-relevant legislation.
Bill 105 is in second reading at the time of writing, such that it may undergo significant changes before it is ultimately passed. It is currently uncertain when the proposed amendments would come into effect.
Proposed Amendments to the ESA
The proposed amendments to the ESA under Bill 105 would impact Ontario employers that currently require employees to pay for work uniforms, or the laundering/ repair of work uniforms. This is because Bill 105 would create a new section 13.1 in the ESA, which would generally prohibit employers from: (i) requiring employees to pay for work uniforms; or (ii) requiring employees to pay for the laundering or repair of work uniforms.
However, there would be limited exceptions to these prohibitions. For example, employers would be permitted to require employees to pay for uniforms where: (i) they employee loses the uniform; (ii) the employee damages the uniform “in a manner that exceeds normal wear and tear”; or (iii) the employee fails to return the uniform to the employer when their employment comes to an end. Similarly, employers would be permitted to require employees to pay for laundering or repairs to uniforms where the employee damaged the uniform “in a manner that exceeds normal wear and tear”.
Proposed Amendments to the LRA
The proposed amendments to the LRA under Bill 105 are notable for unionized employers in the Ontario construction industry.
If Bill 105 is passed, the LRA would be amended to change the length/timing of the “open periods” in the construction industry. Open periods are the time periods when bargaining unit members can apply to have the union which is representing them to be de-certified (i.e., termination of bargaining rights) and where other unions can apply to replace an existing union as the exclusive bargaining agent of the employees in a bargaining unit (i.e., a union raid).
Currently, the “open period” for collective agreements with a term of three or less years is the last two months that the collective agreement is in operation. The proposed amendments would reduce the open period to one month.
In other words, the length of the open period would be cut in half, but it is uncertain whether the new open period would fall during the last month or the second to last month that the collective agreement is in operation.
Proposed Amendments to the OHSA
The proposed amendments to the OHSA would be relatively minor, but they include: (i) the Chief Prevention Officer would be permitted to collect personal information about workers’ exposure to physical, chemical, or biological agents for the purpose of maintaining a worker occupational exposure registry; and (ii) the Minister would be permitted to recognize the standards of training, personal protective equipment, and other equipment from other Canadian jurisdictions in certain circumstances (instead of the existing Ontario standards). The Minister would also be authorized to reimburse employers for the costs of purchasing any protective headwear as may be prescribed.
Proposed Amendments to the WSIA
The proposed amendments to the WSIA would likely impact all WSIB-covered employers in Ontario by raising their WSIB premiums. This is because the amendments would increase the maximum loss of earning (LOE) benefits for all workers and expand eligilbity for WSIB benefits to include older workers.
In particular, employees would be eligible to receive LOE benefits of up to 90% of their pre-injury income (up from 85%). Additionally, employees who intend to work past the age of 65 would be eligible for LOE benefits (whereas workers aged 65 and older are currently not eligible for such benefits).
Both of these changes would most likely increase employers' WSIB premiums/costs and provide greater incentive for employers to object to/challenge LOE benefits awards.
The Bottom Line
The Ontario government has implemented numerous amendments to workplace legislation over the past several years, including seven installments of the Working for Workers Act, such that the only constant for Ontario employers is change. Bill 105 continues this trend and once again requires Ontario employers to adapt to shifting rules and requirements.
Accordingly, it is crucial for Ontario employers to continue monitoring these new legislative developments in order to ensure that they are prepared to comply with new requirements before they come into effect. By doing so, you can avoid potentially costly penalties, last-minute scrambling to ensure compliance, and reputational risks stemming from inadvertent non-compliance.
If you have any questions regarding the proposed amendments discussed above or require assistance with navigating your Company’s statutory obligations under employment legislation, please do not hesitate to contact us for expert legal advice and guidance.
