changes to ESA WSIA OHSA under Bill-30

Now in Force Under Bill 30 : Major ESA, OHSA & WSIA Changes

On November 27, 2025, the Working for Workers Seven Act, 2025 (Bill 30) received Royal Assent, introducing some of the most significant changes to Ontario employment and workplace safety laws in recent years.

The amendments affect the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA), and the Workplace Safety and Insurance Act, 1997 (WSIA).

These changes impact hiring practices, terminations, layoffs, health and safety enforcement, and WSIB compliance. Most amendments are already in force, creating immediate obligations for Ontario employers.

This article provides a concise breakdown of what has changed and what steps employers should take now to stay compliant.

Christopher Achkar - Employment Lawyer

As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:

“Bill 30 has reshaped key ESA, OHSA, and WSIA obligations, making proactive legal advice essential for employers who want to avoid costly missteps. Consulting a lawyer early is the strongest way to safeguard your organization.” 

1. Employment Standards Act (ESA) Changes

Bill 30 introduces new requirements that directly affect day-to-day HR operations and termination planning.

A. Job-Posting Platform Obligations

  • (Effective January 1, 2026)

Operators of public job-posting platforms must now:

  • Provide a mechanism for reporting fraudulent job postings
  • Maintain a written anti-fraud policy (retain for 3 years after expiry)
  • Display the reporting mechanism and anti-fraud policy prominently on the platform
⚠️ Important:
Most employers are excluded.
These rules do not apply to employers who only post jobs on their own website or an internal employer-controlled platform.

Who is affected?

  • Third-party job boards
  • Staffing agencies with public posting systems
  • HR platforms hosting multi-employer job feeds

B. Job-Seeking Leave for Mass Terminations

  • (In force as of November 27, 2025)

During a mass termination (50+ employees, same 4-week period), affected employees now receive:

  • Three unpaid days of “job-seeking leave.”
  • For interviews, job fairs, training, reskilling, etc.
🚫 Exceptions
This leave does not apply if the employer provides termination pay in lieu of notice and the working-notice component represents 25% or less of the total ESA notice period.

Employer Action Items

  • Update termination letters and HR procedures
  • Train HR on when this leave applies
  • Ensure no reprisals for taking the leave

C. New Rules on Temporary & Extended Layoffs

  • (In force as of November 27, 2025)

Regular Temporary Layoff

Still limited to 35 weeks in a 52-week period, depending on benefits continuation.

Extended Layoff (non-unionized employees)

Now permitted up to:

  • 52 weeks within a 78-week period, BUT ONLY IF:
    • The employee agrees in writing
    • The Director of Employment Standards approves the extension
    • The agreement is retained for 3 years after approval expires

A recall date is provided, and the employee knows they cannot withdraw consent

Unionized employees

A clarifying amendment confirms that unionized employees may be laid off for up to 35 weeks within 52 weeks if the recall period matches the collective agreement.

⚠️ Employer Risk
Failing to follow these rules could convert a layoff into an automatic termination, triggering ESA termination pay, statutory severance, and wrongful dismissal exposure.

2. Occupational Health and Safety Act (OHSA) Changes

Bill 30 significantly expands the Ministry’s enforcement powers and increases employer liability.

A. New Administrative Monetary Penalties (AMPs)

  • (In force November 27, 2025)

Ontario now has an OSHA administrative penalty system similar to WSIB and federal OHS schemes.

Inspectors may issue immediate fines for:

  • Unsafe working conditions
  • Training failures
  • Policy violations
  • Documentation and posting deficiencies
  • Hazard-control failures
📌 Key Points for Employers:
  • Paying the AMP bars prosecution for the same violation
  • Penalties will be set by regulation
  • Notices may be made public, increasing reputational risk
  • Employers should audit OHS compliance immediately

B. Defibrillator Reimbursement by WSIB

  • (In force November 27, 2025)

Where the OHSA requires a defibrillator, employers may be reimbursed by the WSIB for eligible costs.

Details will follow in forthcoming regulations.

C. Accredited Safety Systems Recognized

  • (In force November 27, 2025)

The Chief Prevention Officer can now designate accredited safety systems as “equivalent” for compliance purposes.

This may affect construction projects and COR/ISO safety certifications.

3. Workplace Safety and Insurance Act (WSIA) Changes

Bill 30 significantly strengthens WSIB enforcement and increases penalties.

A. New Offence: False or Misleading Statements

  • (In force November 27, 2025)

Employers are prohibited from giving false or misleading information about a benefit claim, and may face:

  • Administrative penalties
  • Court-ordered penalties

B. Wage Record & Premium-Payment Penalties

  • (In force November 27, 2025)

Administrative penalties now apply for:

  • Failing to maintain accurate wage records
  • Failing to produce wage records on request
  • Failing to pay WSIB premiums on time

Courts may now also order restitution for unpaid premiums.

C. Increased Maximum Fines

  • (In force November 27, 2025)

If convicted of two or more counts in the same proceeding:

  • Employers may face fines up to $750,000 per count

D. Aggravating Factors Required

  • (In force November 27, 2025)

When sentencing, courts must consider:

  • Prior convictions
  • Multiple convictions
  • A history of non-compliance

This will result in higher fines for repeat or negligent employers.

What This Means for Employers

Bill 30 increases employer obligations and significantly raises the stakes for non-compliance.

Immediate action items:

  • Update HR policies on termination, mass termination, and layoff processes
  • Review job-posting practices (especially if you host or operate a platform)
  • Update record-keeping for ESA, OHSA, and WSIA compliance
  • Train HR and managers on new rights and obligations
  • Conduct a 2026 OHS and WSIB compliance audit
  • Review contracts, policies, and templates with counsel

Need Help Addressing Bill 30’s New Employment Law Obligations?

The Working for Workers Seven Act introduces complex changes with real legal consequences for Ontario employers.

At Achkar Law, we help employers:

  • Update ESA, OHSA, and WSIA policies
  • Conduct compliance audits
  • Respond to Ministry inspections
  • Manage terminations, layoffs, and safety issues
  • Defend against employee complaints, claims, and investigations

For advice tailored to your workplace, contact Achkar Law today.  

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©