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New AED Requirement for Ontario Construction Projects in 2026
Starting January 1, 2026, a major amendment to Ontario’s Construction Projects Regulation under the Occupational Health and Safety Act (OHSA) will take effect. This change requires construction projects lasting more than three months to install and maintain an Automated External Defibrillator (AED) on-site.
This article explains what the new AED regulation means for employers in Ontario’s construction industry, how to comply, and the legal risks of non-compliance.
What Is an AED and Why Is It Required?
An Automated External Defibrillator (AED) is a life-saving medical device used during sudden cardiac arrest. It analyzes heart rhythms and, if needed, delivers a shock to help restore a normal heartbeat. AEDs can be used by anyone, even without medical training, making them essential in emergencies.
With high physical demands and potential hazards, construction sites present an elevated risk of cardiac events. Requiring AEDs is part of Ontario’s effort to strengthen health and safety in high-risk work environments and help prevent avoidable deaths.
Who Must Comply with the AED Requirement?
Under the new regulation, construction employers in Ontario must install and maintain an AED on any job site expected to last longer than three months.
Projects that begin before January 1, 2026, but continue beyond that date, must also comply.
Construction projects that are shorter than three months are exempt, although it is considered a best practice to have an AED available regardless of project length.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“When it comes to health and safety compliance, proactive legal planning is always better than reacting to an incident. Employers who take reasonable steps to protect their workers will not only comply with the law, they’ll foster a culture of safety and responsibility.”
What Employers Must Do to Comply
To meet the new AED requirement, Ontario employers should take the following steps:
- Review your project timelines: Determine whether your project will extend past the three-month threshold.
- Install Health Canada–approved AEDs: Purchase a compliant device and any required accessories (e.g., cardiopulmonary resuscitation mask, pairs of disposable medical grade gloves, etc.).
- Place AEDs in accessible and clearly marked locations: Ensure all workers know where the device is stored.
- Include AEDs in your health and safety policies: Update written procedures to reflect this new regulation.
- Offer AED/CPR training: While not legally required, training improves emergency response and reinforces a culture of safety.
- Document everything: Keep records of your AED purchases, training sessions, and safety updates in case of inspection.
These steps not only help employers stay compliant but also demonstrate due diligence under the OHSA, which can be critical in the event of a workplace accident or Ministry of Labour inspection.
Legal and Operational Risks of Non-Compliance
Employers who fail to meet the AED requirement may face:
- Fines and penalties from the Ministry of Labour
- Stop-work orders or project delays
- Legal liability in the event of a cardiac emergency on-site
- Damage to your company’s reputation for failing to protect worker safety
Failing to comply with health and safety regulations can also expose employers to civil litigation or even criminal charges under the OHSA.
Key Takeaways for Ontario Employers
- Starting January 1, 2026, Ontario construction projects expected to last longer than three months must have an AED installed and maintained on site.
- AEDs must be accessible, functional, and clearly marked with signage.
- Employers should proactively prepare by updating safety procedures, training staff, and documenting compliance.
- Legal and financial risks can arise from failing to meet health and safety obligations under Ontario law.
How Achkar Law Can Help Construction Employers
At Achkar Law, we help employers across Ontario understand and implement their legal responsibilities under the Occupational Health and Safety Act.
Whether you’re preparing for the 2026 AED requirement, updating health and safety policies, or dealing with Ministry of Labour concerns, our team can provide:
- Tailored legal advice for construction employers
- Policy development and document review
- Support in health and safety investigations
- Guidance on risk management and compliance
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. ©
Workplace Law Topics: Labour Law, Occupational Health and Safety, Labour and Employment Compliance