Month In Review – Ontario

LAWS & ANNOUNCEMENTS
First Aid
Aug 2: The Ontario MOL published OHS regulations implementing the new requirement that employers or constructors furnish automated external defibrillators at construction project sites with 20 or more workers that are expected to last at least 3 months. The regs address AED equipment, storage, installation, signage, maintenance, testing and inspection. Effective date: January 1, 2026.
Action Point: Find out how to implement an AEDs Compliance Game Plan to save lives at your workplace.
WHMIS
Aug 1: From now through March 31, the MOL’s Specialized Professional Services Unit will conduct proactive inspections of employers’ compliance with WHMIS. MOL hygienists will determine whether hazardous product SDSs, labels and training meet recent WHMIS changes and whether retraining is necessary. The WHMIS changes occurred on April 4, 2023, but don’t take full effect until April 4, 2026.
Action Point: Be prepared in case MOL inspectors show up at your workplace! Find out what you need to know about the new WHMIS requirements and how to implement a WHMIS Training Compliance Game Plan.
Transportation Safety
Aug 8: The Highway Traffic Act requires motorists to slow down when approaching a stopped ambulance, fire, police, and other emergency response vehicles displaying red or red and blue emergency flashing lights, or a tow truck with flashing amber lights. The Ministry of Transportation is proposing to extend that rule to other kinds of “work-related vehicles” used in roadside work that have amber lights flashing. The requirement wouldn’t apply in designated construction zones where reduced speed limits are already in effect. Deadline to comment: September 8.
Training
Jul 29: The newly launched sixth round of Ontario’s Skills Development Fund (SDF) Training stream will provide $260 million for innovative projects that support the hiring, training and upskilling of workers in manufacturing, health care, construction, automotive and other skilled trades. Deadline to apply: October 1, 2025.
New Laws
Sep 24: That’s the deadline to apply for funding under the new Rural Ontario Development (ROD) program supporting projects to promote economic growth, protect jobs and improve infrastructure in small communities under 4 streams: Economic Diversification, Competitiveness and Capacity Building; Workforce Development, Attraction, and Retention; Community Infrastructure Enhancements; and Business Development.
New Laws
Jul 22: Saskatchewan joined the new Memorandum of Understanding signed by Ontario and Alberta earlier this month establishing a framework for the provinces to work together to develop strategic trade corridors and energy infrastructure to connect each province’s oil, gas and critical minerals to global markets. The 3 provinces will also collaborate on nuclear energy development. A second agreement aims to reduce barriers to interprovincial trade of liquor products.
Privacy
Jul 1: New regulations took effect requiring Ontario provincial institutions subject to the Freedom of Information and Protection of Privacy Act to assess data privacy breaches against a so-called real risk of significant harm (RROSH) threshold and report breaches that meet the RROSH threshold to the Information and Privacy Commission as soon as feasible.
Environmental
Sep 26: That’s the deadline to comment on regulations that would implement proposed legislation (Bill 27) to regulate geologic carbon storage, process that involves injecting captured carbon dioxide into deep geological formations for permanent storage. Bill 27 passed Second Reading before the Ontario Assembly adjourned in June.
CASES
OHS Enforcement: Fines from Old Cases Shouldn’t Drive Sentencing for New Violations
A ceramics plant worker trying to correct a conveyor snag lost 4 fingers on her right hand when her glove got ensnared in the machine’s chain and sprocket assembly. The company pled guilty to a machine guarding violation. The company and prosecutor jointly suggested a $35,000 fine based on old cases involving similar violations dating back as far as 2005. But the court rejected the suggestion. Basing fine ranges on dated cases doesn’t serve the public interest of punishing corporate defendants for OHS violations and deterrence. Such fine ranges need to be adjusted for inflation, the court reasoned, while proposing “a novel five-year threshold for authorities in such matters” [Ontario (Ministry of Labour, Immigration, Training and Skills Development) v. Apogee Ceramics Inc., 2025 ONCJ 418 (CanLII), August 6, 2025].
Powered Mobile Equipment: Paving Contractor Fined $115,000 for Dump Truck Fatality
A worker walking alongside the road at a driveway paving project was killed after getting run over by a dump truck that was moving in reverse. The contractor was fined $115,000 after pleading guilty to failing to ensure that the driver of a truck that was backing up was assisted by a signaler [769550 Ontario Ltd., o/a Ottawa Pavemaster, MOL Press Release, July 30, 2025].
Action Point: Implementing an effective Powered Mobile Equipment Operation Policy like the one on the OHS Insider site can help you prevent such injuries and the OHS fines they lead to.
Workers’ Comp: Union Can’t Sue Employer for Work Injuries Damages
The union filed a grievance against a hospital demanding damages for exposing lab technicians to dust containing a toxic phenol/formaldehyde resin. The hospital claimed the grievance was barred by workers’ comp. The Ontario arbitrator agreed and dismissed the money damages claims. Try as it might to disguise it as a labour grievance against the hospital for violating its OHS and collective agreement safety duties, this case was essentially a lawsuit for money damages in connection with a work injury subject to the workers’ comp bar [Kingston Health Sciences Centre v Ontario Public Service Employees’ Union, Local 4106, 2025 CanLII 67201 (ON LA), July 10, 2025].