Important Changes to Ontario’s Occupational Health and Safety Act Take Effect January 1, 2026

On November 27, 2025, Ontario’s Working for Workers Seven Act, 2025 (Bill 30) received Royal Assent, paving the way for significant amendments to the Occupational Health and Safety Act (OHSA) that will come into force on January 1, 2026.

Supported by a suite of new regulations, these amendments introduce new obligations regarding the deployment of Automated External Defibrillators (AEDs) on construction projects and the maintenance of cleaning records for washroom facilities, establish new requirements for public sector procurement of construction work, and grant inspectors the authority to issue administrative monetary penalties for contraventions of or failures to comply with OHSA.

Defibrillators Required on Construction Projects

As of January 1, 2026, construction projects expected to last three or more months with 20 or more workers must have an AED installed and maintained on-site. A defibrillator, or AED, is a life-saving device used to treat sudden cardiac arrest. While training is recommended, AEDs are designed so that untrained bystanders can use them in an emergency.

Ontario Regulation 157/25 sets out specific requirements related to:

items to be stored with the defibrillator (i.e., scissors, medical grade gloves, absorbent towels, etc.)
signage regarding the defibrillator that must be posted in the workplace
inspection, maintenance, testing, records, and training

This requirement does not apply to projects expected to last less than three months.

Reimbursement for Defibrillators

Ontario Regulation 360/25 establishes a reimbursement program for defibrillator costs under subsection 22.0.1(2) of OHSA.

To qualify for reimbursement, the following criteria must be met:

The defibrillator must have been purchased between July 1, 2025 and June 30, 2027.
An application for reimbursement must be submitted to the Workplace Safety and Insurance Board (WSIB) no later than July 31, 2027.
The application must include:
- proof of purchase in a form specified by the WSIB; and
- if applicable under section 27.1 of Ontario Regulation 213/91, a copy of the approved notification form filed under subsection 6(3) or the project number assigned by the Ministry.

Note that reimbursement is limited to one defibrillator per project, with a maximum reimbursement amount of $2,500 per defibrillator.

Washroom Facility Cleaning Records

As of January 1, 2026, under Ontario Regulation 480/24, constructors and employers must maintain documentation of washroom cleaning activities – specifically, cleaning records must document the date and time of the two most recent cleanings for each washroom facility.

These records must be:

physically posted in a conspicuous location near the washroom facilities; or
made available electronically, provided workers receive clear instructions on how and where to access this information.

Sanitation Service Records for Construction Projects

Constructors are currently required to maintain records of servicing, cleaning, and sanitizing services for toilets, urinals, and clean-up facilities. Under Ontario Regulation 482/24, effective January 1, 2026, these records must also include the date of all services for the past six months or the duration of the project, whichever is shorter.

Public Sector Procurement Requirements

Ontario Regulation 364/25 establishes new requirements for public sector procurement processes and contracts involving construction work, effective January 1, 2026. This regulation applies to procurement processes and contracts initiated or entered into by, or on behalf of, the Government of Ontario or public sector organizations (including municipalities, school boards, hospitals, and post-secondary institutions) seeking vendors to perform construction work.

The regulation does not apply to procurement processes initiated or contracts entered into before January 1, 2026.

Equivalency Treatment of Accredited Health and Safety Systems

When a health and safety management system accredited by the Chief Prevention Officer under section 7.6.1 of OHSA is required as a condition of eligibility for a procurement process or procurement contract, all such accredited systems must be treated as equivalents. This includes equivalent treatment regarding:

eligibility to bid on or carry out construction work on a project
bid evaluation purposes

Record Retention

Any records related to a procurement process or procurement contract must be kept for at least two years from the date the procurement process is initiated, or the procurement contract is entered into.

New Administrative Monetary Penalty Framework

Ontario Regulation 365/25 establishes a new Administrative Monetary Penalty (AMP) scheme under section 69.1 of the OHSA, effective January 1, 2026. This scheme represents a significant expansion of enforcement tools available to inspectors and introduces an alternative to prosecution for OHSA contraventions.

When AMPs May Be Issued

Under section 69.1 of OHSA, inspectors may issue an AMP when they find that a person has contravened or failed to comply with:

a provision of OHSA or its regulations;
an order or requirement of an Inspector or Director; or
an order of the Minister of Labour, Immigration, Training and Skills Development.

Notice Requirements and Payment

Notices of administrative penalty must be in writing and include the name of the person on whom the penalty is imposed, the amount payable, payment methods, deadlines for payment, and information about the right to request a review.

Payment deadlines vary depending on whether the penalty relates to an inspector’s order or other contraventions:

If the penalty relates to an inspector’s order: payment is due within 30 days after the appeal period expires, or if appealed, within 30 days after the Ontario Labour Relations Board’s decision
For other penalties: payment is due within 45 days of service, or if reviewed, within 30 days after the Board’s decision

Review Process

The Ontario Labour Relations Board serves as the prescribed review entity for administrative penalties. Persons served with a notice have 15 days after receipt to apply for a review in a form approved by the Board, though the Board may extend this period if appropriate in the circumstances.

The Board has broad powers during reviews, including the authority to require parties to furnish particulars, produce documents, summon witnesses, administer oaths, accept evidence at its discretion, and make interim procedural orders.

Upon review, the Board may confirm, vary, or set aside the notice of administrative penalty. The Board’s decisions are final and binding on the parties, subject to judicial review by the courts.

Enforcement and Collection

Under section 69.1(11) of OHSA, if a person pays the administrative penalty in accordance with the terms of the notice, that person cannot be charged with an offence under this Act in respect of the same contravention or failure to comply.

If a person fails to pay an administrative penalty within the required time, the Ministry may file the notice with the Superior Court of Justice and enforce it as a court order.

The Minister may authorize collectors to pursue unpaid penalties and collect reasonable fees and disbursements. Collectors may agree to settlements with persons who owe penalties, but only with the Minister’s written agreement.

Publication of Penalties

The Ministry may publish or make available to the public the name of any person against whom an administrative penalty has been imposed, the nature of the contravention, and the penalty amount.

This authority includes publication on the Internet and is deemed compliant with the Freedom of Information and Protection of Privacy Act (FIPPA).

Penalty Amounts

While the regulation establishes the framework for AMPs across all OHSA contraventions, specific penalty amounts will be determined by regulation within prescribed ranges.

Currently, penalties for contraventions of Ontario Regulation 364/25 are prescribed as the lesser of $100,000 or 10% of the procurement contract value.

Limitation Period

A notice of administrative penalty cannot be issued more than one year after the contravention first came to the knowledge of the inspector, providing temporal boundaries on enforcement action.

Should you have any questions about the amendments to OHSA and how they may impact your workplace, please contact your Hicks Morley lawyer.

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 Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©

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