On April 20, 2026, the Ontario Government introduced Bill 105, known as the Protecting Ontario’s Workers and Economic Resilience Act, 2026 (Bill 105). Bill 105, which has only passed First Reading so far, proposes changes to several pieces of legislation, including significant amendments to the Workplace Safety and Insurance Act (the WSIA), which would impact Ontario employers if approved.
As part of the proposed changes to the WSIA, Bill 105 seeks to:
- Increase the payable rate of loss of earnings (LOE) benefits from 85% to 90% of an injured worker’s net average earnings (effective for injuries occurring on or after a date not yet prescribed by legislation);
- Allow workers to receive LOE benefits beyond the current maximum age of 65 if the worker can demonstrate that they would have continued to work beyond age 65 if not for their injury. The proposal does not provide any parameters for qualifying for such an extension;
- Amend the 72-month lock-in provision, allowing for the review of entitlement to loss of earnings benefits at any time during the life of a worker’s claim to account for material change in circumstances (i.e. new employment and/or earnings or receipt of benefits under different legislation); and
- Mandate coverage for all privately run residential care facility and group home operators.
Understandably, the proposed changes would have significant impacts on any/all Ontario employers whose workers are injured in the course of their employment. While further clarity is required from the Ontario Government regarding the implementation of such changes, employers should review Bill 105 and begin to anticipate the impacts on their business accordingly.
We will continue to monitor these developments and provide more bulletins when additional details are known. Should you have any questions regarding the impact of the proposed changes on your workplace, please do not hesitate to contact the team at CompClaim.
