New Year, New Legislation: Working for Workers Seven Act

Over the last few years, we have seen a flurry of changes to Ontario's employment legislation. These changes have largely been enacted via the "Working for Workers" series of legislation. 2025 was no different. In the final weeks of sitting before the holidays, the Ontario legislature passed the Working for Workers Seven Act (the "Act"). Like its predecessors, the Act has important implications for Ontario's employers and employees.

Some of the key changes are outlined below.

Employment Standards Act ("ESA"):

The Act introduces some important amendments to the ESA, as follows:

1. Job Posting Platform Requirements

• Explanation:
  • New amendments introduce further regulation over public advertised job postings on "job posting platforms".
  • "Job posting platform" is defined as "an online platform that displays publicly advertised job postings but does not include, (a) an online platform operated by an employer that only advertises publicly advertised job postings for positions with the employer, or (b) an online platform that meets such criteria as may be prescribed".
  • Operators of job posting platforms will be required to:
  • Establish and implement mechanisms for users to report fraudulent job postings. The mechanism shall be displayed in a conspicuous place on the job posting platform.
  • Establish a written policy with respect to fraudulent publicly advertised job postings. The policy shall be posted in at least one conspicuous place on the job posting platform.
  • Keep records of the policy for at least three years after it ceases to be in effect.
• Based on this definition of "job posting platform" it is anticipated these new requirements will not apply to employers who post internal job postings on their own company networks or websites only.

• Effective Date: This change comes into force on January 1, 2026.

2. Extended Temporary Lay-Off Agreements

• Explanation:
  • Amendments to the temporary layoff provisions allow for extended temporary layoffs for non-unionized employees.
  • Temporary layoffs may now be extended to 52 weeks in any period of 78 consecutive weeks.
  • This is an increase from the prior limit of 35 weeks in any period of 52 consecutive weeks.
  • In order for this extended layoff period to apply, certain conditions apply:
  • There must be an agreement between the employer and employee.
  • Prior to entering the agreement, the employer must provide to the employee, in writing: (i) the latest date the employer intends to recall the employee; and (ii) notice that the agreement cannot be withdrawn by the employee, once entered into.
  • Once the employer and employee agree, the employer must apply to the Director of Employment Standards and receive approval for the extended lay-off.
• The employer must retain records of any extended lay-off agreements for 3 years.

• Effective Date: This change came into effect on November 27, 2025.

3. Job Seeking Leave

• Explanation:
  • New leave provisions allow employees who have been provided with notice of termination to take up to 3 unpaid days of leave to engage in activities related to obtaining employment, including job searches, interviews, and training.
  • The leave entitlement applies only if:
  • The employee has been terminated as part of a mass termination, as outlined in s.58 of the ESA (50+ employees terminated).
  • The employee is provided with working notice of termination. If the employer provides 25% or more of the notice entitlement as pay in lieu, the employee will not be eligible for this job seeking leave.
  • Other conditions include:
    • The employee must advise the employer that the employee will be taking the leave at least three days before beginning the leave, if possible.
  • If an employee takes any part of a day as leave under this section, the employer may deem the employee to have taken one full day of leave.
  • The employer may request the employee provide evidence reasonable in the circumstances that the employee is entitled to the leave

• Effective Date: This change came into effect on November 27, 2025.

Occupational Health and Safety Act ("OHSA"):

1. Reimbursement for Defibrillator Costs

• Explanation:
  • Under as new OHSA Regulation, effective on January 1, 2026, defibrillators will be required on site for construction projects with 20 or more workers that are expected to last 3 months or longer.
  • Employers who are required to, and in fact do, equip a workplace with a defibrillator, can apply for reimbursement for the cost of the defibrillator from the Workplace Safety and Insurance Board.
  • Defibrillator is defined as "an automated external medical heart monitor and defibrillator that is capable of, (a) recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, (b) determining, without intervention by an operator, whether defibrillation should be performed, (c) automatically charging and requesting delivery of an electrical impulse to an individual's heart as medically required, and (d) satisfying any other prescribed criteria".
  • Certain conditions apply:
  • Decisions regarding the reimbursement will be final.
  • The reimbursement program will only be in place for a finite period, until it is repealed on a to-be-announced date.

• Effective Date: The requirement to have defibrillators comes into effect on January 1, 2026. The amendments to OHSA providing for reimbursement came into effect on November 27, 2025.

2. Health and Management Systems

• Explanation:
  • New provisions under OHSA stipulate that health and safety management systems accredited under s.7.6 of OHSA are equivalents and shall be treated as such for any purpose for which they are required.

• Effective Date: This change came into effect on November 27, 2025.

3. Administrative Penalties

• Explanation:
  • New provisions will grant provincial inspectors the authority to issue administrative penalties for failure to comply with OHSA, or an order made by an inspector, Director or Minister.
  • The stated purpose of this change is to promote compliance with the requirements established by OHSA and regulations.
  • The amount of the administrative penalty shall be determined in accordance with OHSA regulations.
  • If not paid, the administrative penalties can be enforced as Crown debts and information about same may be published in accordance with to be prescribed regulations.
  • Once paid, however, an entity cannot be charged with an offence under OHSA in respect of the same contravention or failure to comply.

• Effective Date: This change came into effect on November 27, 2025.

Other Legislation:
Other legislation impacted by the Act includes: City of Toronto Act, Municipal Act, Ontario Immigration Act, Planning Act, and Workplace Safety and Insurance Act.
For more information on these changes or other workplace matters, please reach out to a member of the Lee Workplace Law team.