Last spring, the Government of Ontario introduced Bill 30, the Working for Workers Seven Act, 2025. Amongst other things, Bill 30 proposed amendments to several employment-related statutes, including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997.
Late last year, Bill 30 received Royal Assent and was enacted into law. The more notable changes now in effect as a result of this legislation are discussed in greater detail below and include a new unpaid job seeking leave available to eligible employees in the context of a mass termination, the extension of the maximum permitted duration of temporary layoffs for non-unionized employees, new obligations for job posting platforms related to the management of fraudulent publicly advertised job postings, and more.
The Employment Standards Act, 2000 (ESA)
a) Job Seeking Leave
Effective November 27, 2025, employees who receive notice of termination as part of a mass termination under the ESA are generally now entitled, subject to limited exceptions, to take up to three (3) days of unpaid job seeking leave during the notice period. The leave may be used to engage in activities related to securing employment, including job searches, interviews and training.
Employees are expected, if possible, to provide their employer with at least three (3) days’ notice before taking job seeking leave. Employers may require employees to provide evidence of entitlement to the leave that is reasonable in the circumstances.
b) Extended Temporary Layoff (By Agreement/With Approval Only)
Extended temporary layoffs for non-unionized employees are now permitted in certain circumstances. Specifically, a layoff may be for 35 or more weeks in any period of 52 consecutive weeks, as long as it does not exceed 52 weeks in any period of 78 consecutive weeks. This is a significant change from the ESA’s previous temporary layoff provisions, which generally limited layoffs for non-unionized employees to no more than 13 weeks in any period of 20 consecutive weeks (unless certain conditions were met, in which case they still could not exceed 35 weeks in any period of 52 consecutive weeks).
It’s important to note that extended temporary layoffs are only permitted where there is a valid agreement between the employer and the employee, as well as approval from the Director of Employment Standards. A copy of any extended layoff agreement must be retained by the employer for three (3) years after the date the approval of the layoff expires.
c) Requirements for Job Posting Platforms
As of January 1, 2026, job posting platforms are required to implement a mechanism or procedure for users to report fraudulent publicly advertised job postings. The mechanism or procedure must be displayed in a conspicuous place on the platform where it is likely to come to users’ attention.
Job posting platforms are also required to have a written policy on fraudulent publicly advertised job postings that contains information on how such postings will be addressed by the platform. The policy must also be displayed in a conspicuous place on the platform, and a copy must be retained by the employer for three (3) years after it ceases to be in effect.
For the purposes of these new requirements, “job posting platform” is defined as an online platform that displays publicly advertised job postings. The definition does not, however, include an online platform operated by an employer that only advertises publicly advertised job postings for positions with the employer.
The Occupational Health and Safety Act (OHSA)
a) Reimbursement of Defibrillator Costs
Eligible employers who are subject to a requirement under the OHSA or its regulations to equip a workplace with a defibrillator and who do so are now entitled to be reimbursed up to $2,500 by the Workplace Safety and Insurance Board (the “WSIB”). This reimbursement is intended to support businesses with the initial cost of complying with the new requirement to have a defibrillator on certain construction project sites.
The WSIB’s reimbursement program opened on January 1, 2026 and will continue to accept reimbursement requests through July 31, 2027. Additional information regarding eligibility criteria and the reimbursement request process can be found on the WSIB’s website.
b) Administrative Penalties
Bill 30 established an administrative penalty scheme under the OHSA, the purpose of which is to promote compliance with legislative requirements related to occupational health and safety.
Under the new Part IX.1, inspectors are authorized to impose administrative penalties for contraventions of or failures to comply with the OHSA or its regulations. Penalties must be paid to the Minister of Finance within the timelines set out in the Administrative Penalties Regulations (the “Regulations”). The Regulations also detail, amongst other things, the process for requesting the review of a penalty by the Ontario Labour Relations Board, as well as the procedure for the debt enforcement and collection.
The Workplace Safety and Insurance Act, 1997 (WSIA)
a) Prohibition of False or Misleading Statements or Representations
Employers are now expressly prohibited from making false or misleading statements or representations to the WSIB in connection with any person’s claim for benefits. A new administrative penalty accompanies this prohibition, in addition to any penalty that might be imposed by a court following a person’s conviction of an offence under the WSIA.
b) Failure to Pay Premiums
Effective November 27, 2025, Bill 30 created a new offence where a person fails to pay premiums or other amounts due under section 88 of the WSIA.
c) Administrative Penalties
As of that same date, new administrative penalties may also apply in the following situations:
- where an employer fails to keep accurate records of all wages paid to its workers and/or fails to keep those records in Ontario,
- where an employer fails to comply with a requirement by the WSIB or any of its officers to produce the above-referenced records, and
- where an employer does not pay premiums when they become due.
These administrative penalties are in addition to any penalty that might be imposed by a court following a person’s conviction of an offence under the WSIA.
d) Maximum Penalty
The maximum fine payable under the WSIA has been increased to $750,000 for each conviction. However, a fine of this magnitude may be levied only in cases where an employer is convicted of multiple counts of the same offence in the same legal proceeding.
e) Aggravating Factors
Finally, Bill 30 introduced a list of circumstances that must now be considered aggravating factors for the purposes of determining a penalty for an employer defendant. These include previous convictions under the WSIA, convictions on multiple counts of the same offence in the same legal proceeding, and any record of prior non-compliance with the WSIA.
IN OUR VIEW
Building on the previous six versions of the Working for Workers Act, Bill 30 imposes measures that impact Ontario’s workforce and may create additional obligations for employers. Employers should therefore familiarize themselves with the amendments that the bill has made to various employment-related statutes and determine whether any changes may need to be made within their organization in order to ensure compliance.
For more information or for assistance with compliance, please contact Kecia Podetz at (613) 769-6207 or Jake Tolton at (819) 230-0580.
