Month In Review – Ontario

LAWS & ANNOUNCEMENTS

New Laws 

Apr 7: Ontario says that it’s investing approximately $11 billion to provide relief to businesses and workers impacted by the Trump tariffs, including $9 billion via a 6-month deferral of provincial taxes and $2 billion worth of workers’ comp rebates.   

Training 

Mar 18: Ontario announced that it will provide up to $3 million through the Skills Development Fund Training Stream to train workers in the automative trades. The money will be used to fund 2 key projects: The Electric Vehicle, Hybrid, and Advanced Driver Assistance Systems Technologies training program, and The Exploration of the Automotive Trades Training Program. 

Animal Safety 

Mar 20: With black bears emerging from hibernation, the government is advising the public to exercise caution to prevent bear attacks. Recommended precautions: Never feed or approach bears, remove bird feeders for the spring and summer, keep dogs on a leash, store pet food indoors and store garbage in waste containers with tight-fitting lids, preferably indoors. 

Action Point: Find out how to protect your outdoor workers from dangerous insects and wild animals.  

Workers’ Comp 

Mar 1: Thanks to the surplus in its insurance fund, the WSIB began distributing $2 billion worth of workers’ comp rebates to eligible Schedule 1 businesses, which Ontario companies may use toward paying their future premiums. Companies aren’t eligible if they were convicted of a WSIA or OHSA offence in 2024 or 2025.    

Workers’ Comp 

May 1: The WSIB revised its policy for calculating the loss of earnings benefit of foreign agricultural workers participating in the federal Seasonal Agricultural Worker Program (SAWP) who can’t return to agricultural work in Ontario due to a work injury or illness. From now on, the WSIB will base the benefit on earnings from the worker’s home country labour market rather than earnings from suitable and available work in the Ontario labour market.   

CASES

OHS Enforcement: Ongoing Criminal Investigation With No End in Sight May Violate Charter Rights 

In January 2022, a year after a deadly explosion at the Eastway Tank facility killed 6 workers and injured one other, police launched a criminal investigation of the company and its owner. In April 2024, the company and owner pled guilty to OHS charges in connection with the explosion and received fines of $600,000 and $80,000, respectively. With the criminal investigation continuing to drag on with no charges yet laid and no ETA for when they might be, the defendants asked the court to issue an order declaring that investigators violated their Charter rights by seizing items in carrying out what they claimed were invalid search warrants issued during the investigation. The Ontario court agreed and allowed the defendants to take their Charter claims to trial, noting that they weren’t seeking to get the seized property back nor exclude evidence but simply trying to vindicate their reputation and prevent further financial loss. “I am appreciative of the fact that the [defendants] have had this matter hanging like the sword of Damocles over their heads for several years, and as of yet, no date has been forecast as to when charges will be laid.”  that this will vindicate its reputation and prevent further financial loss [R. v. Greene, 2025 ONSC 1771 (CanLII), March 19, 2025]. 

Action Point: Find out how to implement an OHS inspections policy in case inspectors show up at your door. 

Fall Protection: Fall from Wall Results in Serious Injury, $100,000 Fine 

A worker using a crowbar to remove roof trusses from the wall of a building being demolished fell from the top of the wall and suffered serious injuries. The victim’s employer was fined $100,000 for failing to ensure that materials and equipment were moved safely and that the worker was protected by appropriate scaffolding, flooring or staging while on the top of the wall [Southgate Carpets Incorporated, MOL Press Release, April 8, 2025].  

Action Point: Don’t let this happen to you or your workers. Use the OHS Insider Fall Protection Compliance Game Plan to prevent fall injuries and OHS fines at your site.   

Discipline: Safety & Hygiene Violations Are Just Cause to Fire Worker on Last Chance Deal 

A millwright at a food plant avoided getting fired for safety violations and time theft by signing a last chance agreement requiring him to clean up his act. About a year later, the company terminated him for violating the agreement by taking excessive work breaks, failing to lock out a machine while it was undergoing spot welding work and not washing his hands before entering the food production area of the facility. The Ontario arbitrator concluded that the evidence supported the company’s allegations and dismissed the grievance [Maple Leaf Foods Inc. v United Food and Commercial Workers’ Union, Local 175, 2025 CanLII 29918 (ON LA), April 8, 2025].