Ontario’s Bill 105 will impact builders in four main areas

By Andrew Pariser

June 5, 2026

As of May 29, Bill 105: Protecting Ontario’s Workers and Economic Resilience Act, 2026, has passed through the standing committee on finance and economic affairs and ordered for third reading.

In committee, there were minor changes adopted and the bill is expected to pass in its current form. The bill has a total of nine schedules impacting several pieces of legislation, including but not limited to the Ontario Labour Relations Act as well as the Workplace Safety and Insurance Act.

Four main areas of focus that will impact builders are:

• The requirement for Type 2 hard hats;

• Expansion of WSIB benefits;

• A reduction of the raiding period; and

• Legislation to support harmonization of safety and training standards.

Type 2 hard hats

As of July 1, 2027, Type 2 hard hats will be required in Ontario where workers may be exposed to side-impact hazards or where conditions may cause headwear to dislodge. In addition, Bill 105 creates a mechanism which will allow the WSIB to reimburse employers for the purchase of Type 2 hard hats.

Details must still be worked out on how a reimbursement will occur as well as who will be required to wear a Type 2 hardhat. The RESCON health and safety committee will continue to engage and look to hold a webinar in late 2026 to ensure all members are up to date well in advance of the go live date.

Expansion of WSIB benefits

Bill 105 proposes enabling legislation that would allow the WSIB to extend benefits to injured workers past the age of 65 years old. In addition, it would increase the loss-of-earning benefit from 85 to 90 per cent.

RESCON, through the CEC, has engaged on this issue with both MLITSD as well as the WSIB. Due to the fact that Bill 105 is enabling legislation, extensive consultation will be required as these policies are created.

The CEC has long advocated that injured workers should be made whole and, as a result, has requested data on costs, benefits and actuarial assumptions used.

RESCON, through the CEC, will continue to engage on this file and promote similar programs, including LTD program structures found in both union and non-union workplaces. In addition, we are examining both British Columbia and Alberta which have already made the above-noted changes.  

Raiding Period Reduction

Bill 105 reduces the raiding period in the construction sector from two months to one month.

Harmonization

The harmonization of health and safety as well as training and apprenticeship standards continues to be the focus of the Ford government and Labour, Immigration, Training and Skills Development Minister David Piccini as the trade war with the United States continues.

To that end, Bill 105 lays the foundation for harmonization across provinces, with a focus on safety and apprenticeship. The goal of harmonization is to remove provincial barriers and improve labour mobility while not reducing the safety of Canadian workers.

Efforts are ongoing and expected to continue through the spring as several safety standards, including supervisor training, working at heights, entry level training and other safety programs are harmonized across Canada.

Our focus through the health and safety committee is two-fold. First, we are concerned with the standard and second, we are concerned with implementation and roll out.

On both fronts we will continue to work with our health and safety partners, including the IHSA, CPO and MLITSD to address all related issues. We will also ensure that all members are kept informed and will hold an implementation webinar well in advance of future go-live dates.

As always, call with questions and stay safe.