Bill 105 Proposes Amendments to OHSA and WSIA 

Bill 105, Protecting Ontario’s Workers and Economic Resilience Act, 2026, was tabled in the Ontario legislature on April 20th.  If passed it will amend the following statutes: 

  • Environmental Assessment Act 
  • Employment Standards Act 
  • Labour Relations Act 
  • Ministry of Health and Longterm Care Act 
  • Occupational Health and Safety Act 
  • Ombudsman Act 
  • Retirement Homes Act, 2010 
  • Workplace Safety and Insurance Act  

It will also enact the Strengthening Talent Agency Regulation Act, 2026. 

The following proposed changes might be of greatest interest to COCA members: 

Environmental Assessment Act 

  • The proposed amendments clarify provincial ministries service standards and are designed to cut red tape, streamline and expedite permitting and approvals processes for mining projects, certain sewage systems, water taking and heritage 

Employment Standards Act 

  • Prohibit employers from requiring employees to pay for uniforms 
  • Give the ministry authority to handle specific types of complaints with an inspection rather than an investigation and refuse complaints from people who are purposefully misusing the complaints process 
  • Ensure that when an employer owes an employee money and the ministry issues an Order to Pay, that during the collections process, money would go to employees first, before collection and administrative fees to the government. 

Labour Relations Act 

  • shorten the “open period” in the construction industry from two-months to one-month for applications for both the displacement of a union and termination 

Occupational Health and Safety Act 

  • Permit the Chief Prevention Officer to collect personal information about workers’ exposure to a physical, chemical or biological agent from unverified information voluntarily posted by workers on the worker occupational exposure registry  
  • Provide the minister of labour immigration training and skills development with authority to recognize inter-jurisdictional health and safety standards 
  • To recognize the CSA Group national standard for mobile elevated work platform training as the standard for Ontario 
  • (all jurisdictions have agreed to require training according to the CSA Group standard, effective January 1, 2027) 
  • Recognize CSA-approved respirators for use in Ontario 
  • Mandate the use of Type 2 hard hats on construction projects where workers may be exposed to side impact hazard (the ministry would introduce a reimbursement program to help offset initial costs for employers) 

Workplace Safety and Insurance Act 

  • Allows the WSIB in certain circumstances to pay benefits beyond the age of 65 
  • Prospectively increases loss of earnings benefits from 85% of net pre-injury earnings to 90% which is estimated to increase the cost of new injuries (CNI) component of employers’ premium rates by 6% to 8% 
  • Allows the WSIB to reduce injured workers loss of earnings benefits if the loss of earnings benefits together with other collateral earnings are greater than the worker’s net pre-injury earnings 
  • Prospectively allows the WSIB to review 72-month lock-in claimants financial circumstances to ensure there is no overpayment 
  • Allows the Board to review payments at any time and also review payments if a material change in circumstances occurs 
  • Expands mandatory participation in the WSIB’s insurance programs to include residential care facilities operated by a private employer and group homes 

The full text of Bill 105 can be accessed by clicking on the following link: 

https://www.ola.org/en/legislative-business/bills/parliament-44/session-1/bill-105