Workers' Protections and Faster Project Approvals

Full Title:
Bill 105, Protecting Ontario’s Workers and Economic Resilience Act, 2026

Summary#

Bill 105 is an omnibus bill that changes several Ontario laws on labour, workplace safety, environmental approvals, health training, and public oversight. Its broad goals appear to be expanding worker protections and benefits, speeding up some government approvals, harmonizing safety standards, and updating oversight bodies.

Key changes include:

  • Employers generally cannot charge workers for uniforms or their cleaning/repair (with limited exceptions). Wrongly charged amounts are treated as wages owing.
  • A new law to regulate talent agencies: bans most fees to entertainment workers, caps commissions, requires prompt payment, and creates strong inspection and enforcement powers.
  • Workplace Safety and Insurance Board (WSIB) benefits: raises loss‑of‑earnings benefits from 85% to 90% (on or after a future “specified date”) and allows some injured workers to receive benefits past age 65 if likely to have kept working.
  • Environmental Assessment Act changes: removes the formal “ministry review” step and the public’s ability to request Tribunal referral; lets the Minister decide project approvals (or refer them to Cabinet); sets rules so only one proponent must apply on multi‑party projects.
  • Other updates: shorter timelines for union certification/decertification in construction; authority to set rules that prioritize Ontarians for medical residencies; a worker exposure registry; recognition of other provinces’ safety standards; a bilingual requirement and all‑party panel for choosing the Ombudsman; and Minister‑made appointments to the Retirement Homes Regulator’s board.

Most parts take effect on Royal Assent or on a future date named by the government. The uniform rules start January 1, 2027.

What it means for you#

  • Employees

    • You cannot be required to pay for a work uniform or for its repair/laundering, unless you lost it, damaged it beyond normal wear and tear, did not return it as agreed, or another listed exception applies. If you were improperly charged, that money counts as unpaid wages.
    • Some Employment Standards complaints may be screened out if considered frivolous or lacking information.

  • Entertainment workers (performers, background performers, extras, and others the law covers)

    • Talent agencies cannot charge you fees except for a commission (capped by regulation) and any other fee allowed by regulation.
    • If the agency receives your pay, it must put it in a separate account and pay you within 10 business days (unless regulations set a different timeline). Agencies must give you written commission statements and keep records.
    • You can file complaints. Officers can order repayment of illegal fees or unpaid amounts, add administrative costs, and refer matters for collection. Directors of agencies can be held personally liable in some situations.

  • Injured workers and survivors (WSIB)

    • Loss‑of‑earnings benefits increase to 90% for payments on or after a future specified date (90% applies to new injuries from that date, and to ongoing payments from that date for earlier injuries).
    • Some workers can request a WSIB decision about whether they likely would have worked past 65 (or past two years after injury if injured at age 63+), which can allow benefits beyond 65. WSIB must look at your individual circumstances.
    • Survivors’ periodic payments tied to net average earnings also rise to 90% (on or after the specified date), with updated maximums.

  • Construction industry workers and unions

    • The time windows to apply to certify a new union or to decertify are shortened to one month (earlier in the agreement term than before). There are transition rules.

  • Businesses and employers

    • You generally must cover uniforms and normal cleaning/repair if you require them (with limited exceptions).
    • If money is collected in ESA enforcement, employees get paid first; any leftover is split among the collector, the Director, and the Minister of Finance.
    • The Chief Prevention Officer may collect exposure data directly from workers to build an exposure registry; personal information collected this way cannot be disclosed to others (except the worker) unless required by law.
    • Ontario may recognize other Canadian jurisdictions’ standards for safety training and equipment. If you meet a recognized standard named in an order, you are deemed compliant with Ontario’s requirement named in that order.
    • The Minister is authorized to reimburse prescribed employers/constructors for prescribed protective headwear, but the schedule also repeals that section. It is unclear if or when reimbursements will actually be offered.
    • If you operate in residential care or group homes, a new section would deem you covered by WSIB. The schedule also repeals that section. It is unclear if or when this change will take effect.

  • Project proponents (environmental assessments)

    • For certain major projects, the old “ministry review” step is removed and there is no longer a right for “any person” to request Tribunal referral. The Minister decides approvals or may refer decisions to Cabinet or the Tribunal. Only one proponent needs to apply or meet commencement requirements for multi‑proponent projects.
    • You must notify the Minister if circumstances change and could affect compliance. The Minister can order fixes for deficient assessments and may reconsider, amend, or revoke approvals if circumstances change or new information arises.

  • Prospective physicians

    • The Minister of Health is given regulation‑making authority to govern admission of international medical graduates to Ontario residencies, including setting rules to prioritize applicants with a defined “connection to Ontario.”

  • Public and Francophone community

    • The Ombudsman must be proficient in English and French. A unanimous, all‑party panel, chaired by the Speaker (non‑voting), must select the nominee unless the Assembly unanimously agrees otherwise.

  • Retirement home residents and operators

    • The Minister (not Cabinet) will appoint some directors to the Retirement Homes Regulatory Authority board, set their terms, and may remove them. Minister‑appointed directors cannot form a majority.

  • Timing

    • Many parts start on Royal Assent or on a future date named by the government. The uniform rules start January 1, 2027. WSIB changes and the new talent agency law take effect on dates to be named.

Expenses#

No publicly available information.

Possible cost and trade‑off notes:

  • Employers may bear more costs for uniforms and normal cleaning/repair.
  • The new talent agency enforcement system (Director, officers, inspections, reviews, collections) will likely add administrative costs for government; no estimate is provided.
  • WSIB benefit increases and possible payments past age 65 could increase total benefits paid. This may affect WSIB finances; no estimate is provided.
  • Environmental assessment changes could reduce processing time and some government workload, but may also shift effort to earlier stages. No estimate is provided.
  • The Minister is authorized to reimburse protective headwear purchases, but the same schedule also repeals that section; implementation and costs are unclear.

Proponents' View#

  • The bill appears intended to expand worker protections, for example by banning uniform fees and strengthening pay protections for entertainment workers.
  • Raising WSIB loss‑of‑earnings benefits to 90% and allowing payments past 65 when a worker likely would have continued working could better reflect real income loss.
  • Recognizing other provinces’ safety standards could reduce red tape and support labour mobility while maintaining worker protection.
  • Environmental assessment changes could modernize and speed up decisions on infrastructure projects by removing steps and clarifying who decides.
  • Allowing rules to prioritize residency spots for graduates with a connection to Ontario could help address local physician needs.
  • Requiring a bilingual Ombudsman and an all‑party selection panel could strengthen French‑language service commitments and non‑partisan oversight.

Opponents' View#

  • Banning uniform charges shifts costs to employers; small businesses may find this burdensome.
  • Letting the Employment Standards Director refuse some complaints may worry workers who fear their cases could be screened out.
  • Environmental assessment changes remove the “ministry review” step and the ability for any person to request Tribunal referral. This may raise questions about reduced public recourse and concentration of approval power in the Minister, even though referral to Cabinet or the Tribunal remains possible.
  • Shorter, earlier windows for union certification/decertification may reduce opportunities for workers to change representation.
  • Collecting workers’ exposure information for a registry, even with privacy limits, may prompt privacy concerns.
  • Moving Retirement Homes Regulator board appointments to the Minister could raise concerns about independence, even with a rule that ministerial appointees cannot be a majority.
  • The talent agency law adds new compliance duties, trust accounts, record‑keeping, and the risk of significant penalties; smaller agencies may find this challenging.
  • WSIB changes may increase system costs and could lead to more frequent reviews of payments, which might create uncertainty for some injured workers or require offsets when combined with other benefits.
  • Some items (protective headwear reimbursements; WSIB coverage for private residential care and group homes) are unclear because the bill also repeals those sections in the same schedule. This uncertainty may make planning difficult.