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Bill 86, Meredith Act (Fair Compensation for Injured Workers), 2026

Vaugeois, Lise

Gates, Wayne

West, Jamie

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Bill 86 Original (PDF)

EXPLANATORY

NOTE

The

Bill repeals the Workplace Safety and Insurance Act, 1997

and enacts the Meredith Act (Fair Compensation for Injured

Workers), 2025 . The Meredith Act (Fair Compensation

for Injured Workers), 2025 establishes a scheme for compensating workers

who have sustained a workplace accident or developed a workplace disease. The

Act also contemplates the provision of services to assist injured workers with

rehabilitation and retraining. The Act is to be administered by the Workers’

Compensation Commission of Ontario. A Tribunal, known as the Workers’

Compensation Appeals Tribunal of Ontario, is established to hear disputes

arising from the administration of the Act. Provisions respecting the

transition between the two Acts are provided for.

Bill 86 2025

Act to enact the Meredith Act (Fair Compensation for Injured Workers), 2025 and

to repeal the Workplace Safety and Insurance Act, 1997

CONTENTS

PART I

INTERPRETATION, PURPOSES AND PRINCIPLES

Interpretation

Purpose

Principles

PART II

COMPENSATION AND SECURITY OF EMPLOYMENT

Definition

Entitlement

to compensation

Notifications

re entitlement

Lost

earnings

Interim

compensation

Compensation

in kind

Pension

contributions

CPP

contributions

Commission

pension plan

Intangible

loss, pain and suffering

Benefits

to dependants or estate

Volunteers

etc.,

Security

of employment

PART III

REHABILITATION AND TRAINING

Medical

coverage

Training

and education

PART IV

APPEALS

Mandate

Process

for appeals

Appeals

respecting the duty to accommodate

PART V

COMMISSION AND ADVISORY OFFICES

Definition

Commission

Commission’s

functions

Provision

of information to the Commission

Application

to Superior Court

Reporting

to other entities

Personal

information

Medical

evidence

Payments

Governance

Chairperson

Terms

of Commissioners

Chief

executive officer

Obligations

of board and CEO

Meetings

Offices

of the Worker and Employer Advisers

PART VI

TRIBUNAL

Tribunal

Composition

of Tribunal

Duties

of Chief Adjudicator

Funding

PART VII

MISCELLANEOUS

cause of action

Provision

of information

Employers

to report employment

Regulations

for reporting system

PART VIII

TRANSITION

Definition

Transition

to this Act

References

to the Workplace Safety and Insurance Act, 1997

Regulations

PART IX

REPEAL, COMMENCEMENT AND

SHORT TITLE

Workplace

Safety and Insurance Act, 1997

Commencement

Short

title

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

PART I

INTERPRETATION, PURPOSES AND PRINCIPLES

Interpretation

(1) In this Act,

“Commission”

means the Workers’ Compensation Commission of Ontario continued under

section 23;

(“Commission”)

“dependant”

has the same meaning as in

Part III of the Family Law Act ;

(“personne à charge”)

“injured

worker” means a worker who has been injured in a workplace accident or who has

been afflicted by a workplace disease; (“travailleur blessé”)

“regulations”

means the regulations made under this Act; (“règlements ”)

“Tribunal”

means the Workers’ Compensation Appeals Tribunal of Ontario continued under

section 38; (“tribunal”)

“worker”

means a person providing labour or services to an employer in the context of an

employer-employee relationship; (“travailleur”)

“workplace

accident” means any incident that occurs while a worker is performing work for

an employer and that results in harm to the worker that is not trivial in

nature; (“accident du travail”)

“workplace

disease” has the meaning ascribed to it in subsection (3); (“maladie

professionnelle”)

“workplace

injury” means an injury sustained in the context of a workplace accident. (“lésion

professionnelle”)

Employer-employee

relationship

(2) For

the purposes of this Act,

(

a) an

employer-employee relationship exists between a worker and an employer if both

parties have entered into an employment contract, either written, verbal or

implied; and

(

b) an

individual who performs work for an employer as a co-op student, apprentice,

learner or volunteer is deemed to be in an employer-employee relationship with

the employer.

Workplace

disease

(3) A

disease afflicting a worker is a workplace disease for the purposes of this Act

if it is reasonable in the circumstances to conclude that the worker’s working

conditions were a significant contributing factor to the worker developing the

disease, on the basis of,

(

a) relevant

scientific data and statistical evidence;

(

b) information

about what a worker may have been exposed to while performing work for the

worker’s employer; and

(

c) a

presumption that exposures are additive unless proved otherwise.

Permanently

injured worker

(4) An

injured worker is a permanently injured worker for the purposes of this Act if

it is reasonable in the circumstances to conclude that the worker will be

unable to resume performing the same work that the worker performed prior to

the workplace injury or onset of the workplace disease because of the effects

of the workplace injury or the workplace disease.

Fund

(5) The

Commission shall maintain a fund into which is paid employer premiums. All

compensation under this Act, expenses of the Commission and costs of

administering this Act and any other payments required to be paid under or in

relation to this Act shall be paid out of that fund.

Purpose

(1) In light of the historic trade-off in which

workers relinquished their rights to pursue a civil claim through the courts in

exchange for access to timely no-fault compensation for losses arising from

workplace accidents and workplace diseases, the principal purpose of this Act

is to provide compensation and benefits to injured workers and surviving family

members of deceased workers and to assure the rehabilitation, education and

training of injured workers and their family members.

Other

purpose

(2) It

is also a purpose of this Act to enable the collection and analysis of

information about workplace health and safety, workplace injuries and workplace

diseases and the dissemination of this information, including among the

Government of Ontario, government agencies and other governments, as well as officers

of health, coroners and the public.

Principles

3 The following principles shall be observed in interpreting

and applying this Act:

1. Compensation

must be proportionate to the degree of loss of earnings and intangible losses.

2. Compensation

must be provided to injured workers quickly without the need for a

civil claim.

3. The

purpose of compensation is to, at a minimum, put injured workers in as close to

a position as they would be in but for the workplace injury or workplace disease

in order to prevent them from being a burden on their families, friends or the

community at large.

4. All

monies and assets of the Commission are to be considered a public trust for the

benefit of current and future injured workers for the purposes of the common

law and any other Acts.

5. Injured

workers are to enjoy security of payment.

6. Compensation

is to be paid to injured workers without regard to the fault or negligence of

any person and without regard to an injured worker’s pre-existing medical

condition, weakness or susceptibility to harm, whether known or unknown.

7. The

administration of the compensation program and the system of appeals of

compensation decisions shall be independent and free from interference from the

executive branch of government, similar to the independence and freedom from

interference from the executive branch enjoyed by the judicial branch.

8. Administration

of the compensation program and the resolution of any disputes arising from the

administration of the compensation program is the exclusive responsibility of

the Commission and the Tribunal, respectively, both of which are independent.

PART II

COMPENSATION AND SECURITY OF EMPLOYMENT

Definition

4 In this Part,

“deceased

worker” means a worker whose death is attributable to a workplace accident or a

workplace disease.

Entitlement

to compensation

(1) The Commission shall provide an injured

worker with the compensation to which the injured worker is entitled under this

Part and in the amounts determined under this Part.

Same

(2) Compensation

shall be provided promptly to an injured worker.

Same

(3) For

greater certainty, an injured worker’s entitlement to a given type of

compensation does not impact on the injured worker’s entitlement to other types

of compensation.

Notifications

re entitlement

(1) An employer shall notify the Commission of a

workplace accident or of the onset of a workplace disease of which the employer

is aware as soon as reasonably possible in the circumstances.

Same

(2) Upon

being notified of a workplace accident or the onset of a workplace disease, the

Commission shall promptly forward a copy of the notice to,

(

a) the

relevant injured worker, if the Commission was notified by the employer;

(

b) the

relevant employer, if the Commission was notified by the injured worker; and

(

c) the

workplace health and safety committee or representative, if any.

Confidentiality

(3) The

information contained in a notice shall not be disclosed by an employer,

injured worker, workplace health and safety committee or workplace health and

safety representative, with the exception of information that may indicate the

commission of an offence under the Criminal Code (Canada)

or a violation of the Occupational Health and Safety Act .

OHSA

violation

(4) The

Commission shall forward any information contained in a notice that may

indicate a violation of the Occupational Health and Safety

Act to the Ministry of Labour, Immigration, Training and Skills

Development.

Offence

(5) If

the information contained in a notice may indicate the commission of an offence

under the Criminal Code (Canada), the Commission

shall promptly determine if there are reasonable grounds to believe that the

offence has been committed and, if there are, shall promptly forward the

information to the appropriate police service.

reprisal

(6) No

person shall take any measure that would adversely affect an individual because

the individual provided information about someone’s possible entitlement to

compensation under this Act.

Notification

to police

(7) If

the Commission becomes aware of a person having taken a measure described in

subsection (6), the Commission shall refer the matter to the appropriate police

service.

Disclosure

by committee or representative

(8) A

workplace health and safety committee or a workplace health and safety representative

may disclose information to the Commission about a possible workplace accident

or workplace disease that may give rise to entitlements under this Act, despite

anything to the contrary in the Occupational Health and

Safety Act .

Lost

earnings

(1) An injured worker is entitled to compensation

in the form of payments representing the injured worker’s lost earnings during a

given period resulting from the workplace injury or workplace disease.

Amount

of lost earnings

(2) Payments

representing lost earnings for a period of time shall be in the amount equivalent

to 90 per cent of the amount calculated by,

(

a) determining

the worker’s deemed income for the period;

(

b) subtracting

from the worker’s deemed income for the period any earnings from work; and

(

c) subtracting

from the amount determined under clause (

b) any tax that would be payable if

the compensation were income from work.

Deemed

income

(3) The

worker’s deemed income for a period of time shall be determined on the basis of

an assumed annual income of the greater of the following amounts:

1. The

total amount of earnings from employment as declared in the worker’s tax return

filed for the year preceding the period in question.

2. The

average amount of earnings from employment as declared in the worker’s tax

returns filed for the five years preceding the period in question.

Tax

returns not filed

(4) If

the worker has not filed a tax return for the previous year, the Commission

shall,

(

a) provide

interim benefits at a rate calculated by the Commission;

(

b) promptly

offer assistance to the injured worker to file tax returns; and

(

c) promptly

refer the worker to a list of qualified persons who may assist with the

preparation of tax returns.

List

(5) The

Commission shall maintain a list for the purposes of clause (4) (c).

Change

to tax return

(6) In

the event of a change to a tax return, the worker’s deemed income shall be

recalculated and the amount of payments in respect of lost earnings shall be

recalculated accordingly.

Indexation

(7) If

the worker is permanently injured following a workplace accident or the onset

of a workplace disease resulting in a loss of earnings, the payment

representing lost earnings shall be indexed to the Consumer Price Index

maintained by Statistics Canada effective January 1 of each year, except the

indexation shall not result in the amount of payments being reduced.

Regulations

(8) The

regulations may provide for additional details about the manner in which

payments representing lost earnings are to be indexed under subsection (7).

Notice

to Commission

(9) The

injured worker and the injured worker’s employer shall inform the Commission of

any changes to the injured worker’s earnings within 30 days following the

change.

Overpayment

(10) Any

overpayment resulting from a recalculation under subsection (6) or a change in

earnings referred to in subsection (9) constitutes a debt owed to the

Commission and may be recovered by the Commission.

Cessation

of payments

(11) Compensation

representing lost earnings shall cease,

(

a) once

the injured worker’s earnings are equal to or exceed the injured worker’s

deemed income;

(

b) on

the day on which the injured worker attains 70 years of age, if the worker was

65 years of age or older on the date of the workplace injury or the onset of

the workplace disease, subject to subsection (12);

(

c) on

the day that is the fifth anniversary of the date of the workplace injury or

onset of the workplace disease, if the worker was 65 years of age or older on

that date, subject to subsection (12); or

(

d) the

day on which the worker is no longer impaired as a result of the workplace injury

or workplace disease.

Same

(12) In

the situations described in clauses (11) (

b) and (c), compensation representing

lost earnings shall cease at a later date determined by the Commission if the

Commission is of the opinion that, based on the evidence before it, the worker

would have continued to work at least until that later date determined by the

Commission.

Interim

compensation

(1) If the Commission is unable to determine a

worker’s entitlement to compensation in the form of payments for lost earnings

within 15 days after having received information notifying the Commission of

the worker’s potential entitlement, the Commission shall provide interim

compensation until the worker’s entitlement is established.

Same

(2) Interim

compensation under subsection (1) is not recoverable by the Commission except

in cases of fraud resulting in a conviction of an offence under the

Criminal

Code

(Canada) .

Compensation

in kind

(1) An injured worker is entitled to compensation

in the form of the payment of insurance premiums, for the benefit of the

injured worker and, if applicable, the injured worker’s dependants, necessary

to maintain at least the same health insurance coverage that the injured worker

and their dependants benefitted from at the time of the workplace accident or

the onset of the workplace disease.

Cessation

of payment of insurance premiums

(2) Payment

of insurance premiums for the benefit of the injured worker and, if applicable,

their dependants shall cease,

(

a) once

the injured worker returns to work;

(

b) at

the moment at which the injured worker would have ceased to be a member of the insurance

plan because of retirement; or

(

c) once

the injured worker’s employer-employee relationship is severed in accordance

with this Act.

Non-taxable

benefits

(3) If

the injured worker was receiving non-taxable benefits as part of their

compensation from the employer, the employer shall continue to provide such

non-taxable benefits for the duration of the injured worker’s employment until

the worker returns to work.

Pension

contributions

(1) An injured worker is entitled to compensation

in the form of pension contributions paid on behalf of the injured worker to

any employer pension plan of which the injured worker is a member.

Cessation

of contributions

(2) Pension

contributions paid on behalf of the injured worker cease,

(

a) once

the injured worker stops receiving compensation representing lost earnings;

(

b) on

the day on which the injured worker attains 70 years of age, if the worker was

65 years of age or older on the date of the workplace accident or the onset of

the workplace disease, subject to subsection (3); or

(

c) on

the day that is the fifth anniversary of the date of the workplace accident or

the onset of the workplace disease, if the worker was 65 years of age or older

on that date, subject to subsection (3).

Same

(3) In

the situations described in clauses (2) (

b) and (c), pension contributions on

behalf of the injured worker shall cease at a later date determined by the

Commission if the Commission is of the opinion that, based on the evidence

before it, the worker would have continued to work at least until that later

date determined by the Commission.

CPP

contributions

(1) Subject to the Canada

Pension Plan or any other federal statute, an injured worker is entitled

to compensation in the form of Canada Pension Plan contributions paid on behalf

of the injured worker.

Cessation

of contributions

(2) Canada

Pension Plan contributions paid on behalf of an injured worker cease,

(

a) once

the injured worker stops receiving compensation representing lost earnings; or

(

b) once

the injured worker begins receiving Canada Pension Plan payments.

Commission

pension plan

(1) The Commission shall establish a pension

plan for which permanently injured workers without an employer pension plan are

eligible and shall pay compensation to such injured workers who opt in to the

pension plan in the form of pension contributions equal to at least 17 per cent

of the injured worker’s lost earnings.

Payments

out of the plan

(2) Payments

to members of the pension plan shall be paid monthly and shall commence once the

member stops receiving compensation in the form of payments for lost earnings

due to their age.

Transfer

to Commission’s pension plan

(3) If

the employment relationship between an injured worker and the injured worker’s

employer is severed by declaration of the Tribunal under this Act and if the injured

worker was a member of a pension plan by virtue of their employment, the

commuted value of the pension shall be transferred to the Commission’s pension

plan and the Commission, acting in the stead of the employer, and the injured

worker shall continue to contribute to the plan as the employer and injured

worker would have contributed to the employer’s pension plan had the workplace

injury or workplace disease not occurred.

Conflict

(4) In

the case of a conflict between subsection (3) and the Insurance

Act or any other Act, subsection (3) prevails.

Intangible

loss, pain and suffering

(1) A permanently injured worker is entitled to

compensation in the form of payments for intangible loss, pain and suffering.

Same

(2) The

compensation under subsection (1) shall be considered compensatory and not

remedial.

Amount

of compensation

(3) The

Commission shall determine the amount of compensation to which an injured

worker is entitled, which must be proportionate to the degree of loss or

suffering of the injured worker, including the physical losses experienced by

the injured worker, the pain experienced by the injured worker, all physical

and mental sequela and any other relevant social or contextual factors.

Cessation

of payments

(4) Compensation

under subsection (1) shall only cease once the pain, suffering or loss

associated with the workplace injury or workplace disease itself ceases.

Benefits

to dependants or estate

(1) If a workplace accident or workplace disease

results in the death of a worker, the Commission shall pay to the deceased

worker’s dependants or, in the absence of any dependants, to the deceased

worker’s estate reasonable and customary funerary expenses.

Same

(2) If

the deceased worker has dependants, the deceased worker’s dependants are

entitled to,

(

a) compensation

in the form of payments for lost earnings for the period determined by the

regulations ;

(

b) education,

training or retraining, as if the dependant were a permanently injured worker,

to enable the dependant to earn a living equivalent to that of the deceased

worker; and

(

c) payment

for intangible loss, pain and suffering equivalent to the deceased worker’s

deemed annual income for the purposes of subsection 7 (3).

Volunteers,

etc.

15 In the case of an injured worker or a deceased worker who

is or was not remunerated, the Commission shall impute a reasonable amount of

income to the injured worker for the purposes of determining the injured

worker’s entitlement to compensation under this Part or the deceased worker’s

dependants’ entitlement to compensation under this Part.

Security

of employment

(1) An injured worker’s employment shall not be

considered to have been interrupted, suspended or terminated for the sole

reason that the injured worker has suffered a workplace injury or acquired a

workplace disease and, for greater certainty, the injured worker’s employer

shall accommodate the injured worker up to the point of undue hardship, as

required by the Human Rights Code .

Duty

to accommodate

(2) For

greater certainty, a dispute between an injured worker and their employer as to

the injured worker’s terms of employment or accommodation or what constitutes

undue hardship in the circumstances shall not impact on the benefits payable by

the Commission under this Act.

Mediation

(3) If

the injured worker and their employer consent to it, the Commission may refer

any dispute referred to in subsection (2) for mediation by a qualified

independent mediator.

Commission’s

determination

(4) If

a mediated settlement cannot be reached, the Commission may settle the dispute

and issue a decision that is binding on the injured worker and the employer.

PART III

REHABILITATION AND TRAINING

Medical

coverage

(1) For the purposes of this section, a

diagnostic service, treatment, medication or medical device is medically

appropriate if it is recognized as safe and effective by the relevant

government agencies and professional colleges.

Payment

(2) The

Commission shall pay for any medically appropriate diagnostic service or

treatment for an injured worker if the service or treatment is not covered by

the Ontario Health Insurance Plan.

Policies

(3) The

Commission shall develop policies governing payments for medically appropriate diagnostic

services and treatments for injured workers that are not covered by the Ontario

Health Insurance Plan and update those policies at least once every three

years.

Medication

and medical devices

(4) The

Commission shall cover the cost of any medically appropriate medication

prescribed for an injured worker or medical device for an injured worker if it

may assist the injured worker in, to the extent possible, regaining the same

health status that the injured worker had prior to the workplace injury or the

onset of the workplace disease.

Private

insurance

(5) Despite

subsection (4), if the cost of the medication or medical device is covered

under a health insurance plan of which the injured worker is a member, the

Commission is only required to cover the cost of any amount not covered by the

health insurance plan.

Education

and retraining

(1) The Commission shall provide a program of

education and retraining to every permanently injured worker.

Purpose

(2) The

purpose of a program of education and retraining is to put the injured worker

in at least as good a position in the labour market as the injured worker was

prior to the workplace injury or the onset of the workplace disease.

Development

of program

(3) In

developing a program of education and retraining for an injured worker, the

Commission shall take into consideration labour market demand and the injured

worker’s aptitudes, abilities and preferences.

Labour

market demand

(4) In

assessing labour market demand, the Commission shall take into consideration

the following:

1. Patterns

of seasonal work of the injured worker.

2. All

local or regional labour markets to which the injured worker may have access.

3. Any

other factors, including economic, social or geographic factors, relevant to

determining how best to place the injured worker in at least as good a position

as the injured worker was in prior to the workplace injury or the onset of the

workplace disease.

PART IV

APPEALS

Mandate

(1) The mandate of the Tribunal is to hear any disputes

arising from the administration of this Act by the Commission, including

disputes over any perceived delay in the Commission’s decision-making and over

whether any policy, guideline or practice established by the Commission is

consistent with this Act.

Right

of appeal

(2) An

injured worker or an employer may appeal to the Tribunal any decision of the

Commission affecting them.

Same

(3) In

the context of an appeal under subsection (2), the injured worker or employer

may challenge the validity of any policy, guideline or practice that has been established

by the Commission and applied in making the decision under appeal on the basis

that it is inconsistent with this Act.

HRTO

(4) An

injured worker may elect to appeal a decision made by the Commission under

subsection 16 (4) to the Human Rights Tribunal of Ontario if the only dispute

at issue concerns the duty to accommodate under the Human

Rights Code .

Powers

of Tribunal

(5) After

giving the injured worker and the employer an opportunity to be heard, the

Tribunal may do any of the following:

1. Order

the Commission to do anything that the Commission is authorized to do under

this Act, including to provide interim compensation under

section 8.

2. Order

that a policy, guideline or practice of the Commission is invalid and may

therefore no longer be applied by the Commission.

Same

(6) If

the dispute involves a matter under the jurisdiction of the Lieutenant Governor

in Council, the Commission may only make recommendations to the Lieutenant

Governor in Council.

Process

for appeals

(1) If an appeal is commenced before the

Tribunal, the Commission shall promptly send the following to the injured

worker to whom the appeal relates or to their representative:

1. Any

communication between a decision-maker and any other person that relates to the

decision under appeal.

2. A

copy of any document used by the decision-maker in reaching the decision and

preparing the reasons for the decision, including any policy, guideline or

practice relied on by the decision-maker.

3. Any

other document or information in the possession of the Commission that is

relevant to the decision under appeal.

Failure

to provide

(2) Any

failure to provide information under subsection (1) shall give rise to an

adverse inference in favour of the injured worker.

Appeals

respecting the duty to accommodate

(1) In an appeal respecting the duty to

accommodate an injured worker under the Human Rights Code ,

the Tribunal shall accept the opinion of a qualified medical practitioner,

including any recommendations about workplace accommodations, as dispositive of

the medical facts at issue.

Undue

hardship

(2) If

the Tribunal determines that the injured worker cannot be accommodated without

undue hardship, the Tribunal may declare that the employment relationship has

been severed without just cause, in which case the injured worker shall be paid

such compensation as required by the agreement or agreements governing their

employment, the common law or any applicable statute.

Interpretation

(3) Nothing

in this Act shall be construed to prevent an injured worker from seeking a

remedy in any other forum for alleged improper dismissal or to limit the

remedies available to the injured worker in such a circumstance.

PART V

COMMISSION AND ADVISORY OFFICES

Definition

22 In this Part,

“personal

information” has the same meaning as in the Freedom of

Information and Protection of Privacy Act .

Commission

(1) The body corporate known as the Workplace

Safety and Insurance Board is continued under the name Workers’ Compensation

travailleurs de l’Ontario in French.

Powers

(2) The

Commission has the capacity, rights and powers of a natural person for the

purposes of carrying out its functions and may retain such officers and

employees and such assistance as it considers necessary.

Auditor

General

(3) The

accounts of the Commission shall be audited by the Auditor General annually.

Commission’s

functions, including establishment of employers’ premiums

(1) The functions of the Commission are to,

(

a) administer

this Act and ensure the prompt delivery of compensation under this Act;

(

b) gather,

analyse and disseminate information on workplace injuries and workplace diseases,

including epidemiological, occupational and demographic data related to

patterns of workplace injuries and workplace diseases; and

(

c) monitor

developments in the scientific and medical understanding of workplace injuries

and workplace diseases with a view to ensuring that the Act is administered in

a manner that reflects the latest advances in health sciences and other

relevant disciplines.

Premiums

for employers

(2) The

Commission shall determine the total amount of the premiums to be paid by

employers with respect to each year in order to maintain a fund out of which is

paid compensation under this Act, the expenses of the Commission, costs of

administering this Act and any other payments required to be paid under or in

relation to this Act.

Apportionment

among classes, etc.

(3) The

Commission shall apportion the total amount of the premiums among the classes,

subclasses and groups of employers and shall take into account the extent to

which each class, subclass or group is responsible for, or benefits from, the

costs incurred under this Act.

Premium

rates

(4) The

Commission shall establish rates to be used to calculate the premiums to be

paid by employers in the classes, subclasses or groups for each year.

Same

(5) The

Commission may establish different premium rates for a class, subclass or group

of employers in relation to the risk of the class, subclass or group. The rates

may vary for each individual industry or for individual workplaces.

Method

of determining premiums

(6) The

Commission shall establish the method to be used by employers to calculate

their premiums. The method may be based on the wages earned by an employer’s

worker.

Bases

for calculation

(7) The

Commission may establish different payment schedules for different employers

for premiums to be paid in a year based on such factors as the Commission

considers appropriate.

Obligation

of employers

(8) Despite

subsections (2) to (7), the Crown in right of Ontario is not required to pay

any premiums as an employer to the Commission unless the Legislature has

appropriated funds for that purpose.

Policies,

etc.

(9) The

Commission may establish any policies, guidelines or practices that it

considers necessary for the proper functioning of the Commission, provided that

the policies, guidelines or practices are consistent with this Act and made

available to the public.

Same

(10) If

a particular policy, guideline or practice is relevant to a particular decision

before the Commission, the Commission shall ensure that the injured worker and

their employer are made aware of the policy, guideline or practice.

Standard

of decision-making

(11) In

making a decision respecting entitlement or the amount of compensation under

this Act, the Commission shall give the injured worker or other person seeking

compensation under this Act the benefit of reasonable doubt.

Clear

record-keeping

(12) The

Commission shall ensure that any communication between a decision-maker and any

other person that relates to a decision to be made by the Commission is stored

in the file of the injured worker to whom the decision relates or, in the case

of an oral communication, that an accurate record of the oral communication is

made and stored in that file.

Provision

of information to the Commission

(1) Subject to subsection (3), the Commission

may request that any person provide information that it requires for the

purposes of fulfilling its functions.

Response

to request

(2) A

person who receives a request by the Commission shall promptly provide to the

Commission any information requested by it that is within the person’s custody

or under the person’s control, unless prevented from doing so by operation of

law.

Extent

of information

(3) The

Commission may not request and shall not collect any personal information

unless it is reasonably necessary for the purposes of performing its functions.

Conflict

(4) Where

the Commission requests information from a medical practitioner, the medical

practitioner’s determination as to what personal information is reasonably

necessary is binding on the Commission.

Redactions

(5) If

a medical practitioner decides to redact information from a record in order to

respond to the Commission’s request, the medical practitioner shall consult

with the patient on the scope of the redactions before disclosing the redacted

record to the Commission.

Additional

requests

(6) If,

after a medical practitioner has responded to a request from the Commission,

the Commission requires additional information from the medical practitioner,

the Commission is limited to seeking clarification on the basis for a

particular diagnosis or prognosis or the basis for the recommended course of

treatment.

Clarification

re health conditions

(7) If,

in responding to a request from the Commission, a medical practitioner includes

information about a health condition that is relevant to, but does not arise

from, the workplace injury or the workplace disease, the medical practitioner

shall explain the relevance of the health condition.

Same

(8) The

duty to provide information to the Commission under this

section applies

despite anything to the contrary in the Occupational

Health and Safety Act .

Application

to Superior Court

26 If any information or document that is required under this

Act to be provided to the Commission is not so provided, the Commission may

apply to the Superior Court of Justice for such relief as may be required in

the circumstances, including an order requiring a person to provide the

information or document to the Commission, and the Commission is entitled to

the costs of its application.

Reporting

to other entities

Report

to Minister

(1) The Commission may provide any information to

the Ministry of Labour, Immigration, Training and Skills Development that, in

the opinion of the Commission, should be provided to the Ministry because an

investigation may be warranted or because it reflects an anomalous pattern of

workplace injuries or workplace diseases or unusually high rates of workplace

injuries or workplace diseases in a particular workplace, in workplaces of a

particular employer or in a particular industry or type of employment.

Report

to police

(2) If

the Commission has reason to believe that any person may be engaging in a form

of fraud that is punishable under the Criminal Code

(Canada), the Commission may refer the matter to the appropriate police service,

but only after having given any implicated party an opportunity to seek counsel

and make representations before the Commission.

Same

(3) If

the Commission refers a matter to a police service under subsection (2) or

decides not to do so after having given an implicated party an opportunity to

seek counsel and make representations, the Commission shall inform the party

that the matter has been referred to the police service or that the Commission

has decided not to refer the matter to the police service, as the case may be.

Report

re threats or retaliation

(4) If

the Commission has reasonable grounds to believe that an employer has

contravened a provision of the Criminal Code

(Canada) referred to in subsection (5), the Commission shall promptly refer the

matter to the relevant police service.

Same

(5) Subsection

(4) applies with respect to the following provisions of the Criminal Code (Canada):

Section

217.1.

2. Subsection

425.1 (1).

3. A

provision that replaced either of the provisions referred to in paragraphs 1 and

2, as they read on the day this subsection came into force.

Personal

information

28 The Commission shall not use any personal information

collected for the purposes of performing its functions if other information

will serve the purpose of the use and shall not disclose any of that

information except as necessary to perform its functions or if required to do

so by operation of law.

Medical

evidence

(1) The Commission may require a medical opinion

from a medical practitioner with whom the injured worker does not have an

existing relationship (referred to in this

section as the “second opinion”),

subject to the following conditions:

1. The

choice of specific medical practitioner to provide the second opinion is that

of the injured worker.

2. All

costs for obtaining the second opinion shall be paid for by the Commission.

3. The

second opinion shall not be given without there having been an in-person

examination of the injured worker by the medical practitioner giving the second

opinion and any other follow-up examinations or other due diligence that a

reasonable medical practitioner would undertake before giving such an opinion

and without the medical practitioner having reviewed the initial medical

practitioner’s complete records.

4. The

second opinion shall be restricted to a diagnosis, prognosis or recommended

course of treatment or to health conditions that are relevant to the workplace

injury or workplace disease.

Communication

of opinion

(2) The

medical practitioner providing the second opinion shall first provide the

opinion to the injured worker and then inform the medical practitioner with

whom the injured worker had an existing relationship of the opinion and provide

any supporting medical records before finally informing the Commission of the second

opinion.

Request

by Commission

(3) The

Commission may request additional information from the medical practitioner who

provided the second opinion but only to clarify the basis for any particular

diagnosis or prognosis or the basis for any recommended course of treatment.

Clarification

re health conditions

(4) If,

in communicating a second opinion to the Commission, the medical practitioner

includes information about a health condition that is relevant to, but does not

arise from, the workplace injury or the workplace disease, the medical

practitioner shall explain the relevance of the health condition.

Payments

30 The Commission shall pay any medical practitioner under

this Act at the same rates as provided for under the Health

Insurance Act and may not request any sort of contribution from the

injured worker.

Governance

(1) The Commission shall be governed by a board

of Commissioners.

Composition

of board of Commissioners

(2) In

addition to a Chairperson, the board of Commissioners shall consist of,

(

a) six

representatives of workers;

(

b) six

representatives of employers; and

(

c) a

general worker representative, who must be or have been an injured worker, and

a general employer representative.

Appointment

(3) The

Commissioners shall be appointed by the Lieutenant Governor in Council, with

the exception of the Chairperson, who shall be selected in accordance with

section 32.

Representative

of workers

(4) The

representatives of workers shall be drawn from recognized workers

organizations, such as unions, federations, congresses, councils of unions,

worker advocacy or research or support groups, to represent workers from the

industries listed in subsection (7).

Representative

of employers

(5) The

representatives of employers shall be drawn from the recognized businesses and associations

of businesses and trade associations operating or representing businesses that

operate in the industries listed in subsection (7).

List

(6) The

Commission shall establish a list of recognized workers organizations for the

purposes of subsection (4) and recognized businesses, associations of

businesses and trade associations for the purposes of subsection (5) and

identify the industry listed in subsection (7) with which each is associated.

Industries

(7) The

industries mentioned in subsections (4) and (5) are the following:

1. Manufacturing.

2. Construction.

3. Transportation.

4. Health

services.

5. General

services, including government and public sector services.

6. Mining,

forestry, fishing and agriculture.

Candidates

with industry support

(8) The

Lieutenant Governor in Council shall appoint a candidate to the Commission if

the candidate is,

(

a) put

forward collectively by all recognized workers organizations or by all

recognized workers associations associated with a given industry listed in

subsection (7); or

(

b) put

forward collectively by all recognized businesses, associations of businesses

and trade associations or by all recognized businesses, associations of

businesses and trade associations associated with a given industry listed in

subsection (7).

Other

candidates

(9) In

determining whether to appoint other candidates to the Commission, the

Lieutenant Governor in Council shall,

(

a) give

preference to candidates that,

(

i) can

demonstrate experience with workers’ compensation systems as an injured worker,

and

(ii) can

demonstrate the greatest degree of support from or ability to represent their

relevant constituency or, in the case of the general worker representative, workers

more generally; and

(

b) have

regard to whether or not a given candidate is an injured worker or has

experienced a workplace injury or workplace disease.

Tribunal

(10) The

Tribunal may hear any dispute over a candidate’s degree of support from or

ability to represent a given constituency.

Recommendations

to Minister

(11) After

deciding a dispute under subsection (10), the Tribunal shall advise the

Lieutenant Governor in Council of its recommendations and the reasons for the

recommendations and within seven days after doing so shall publish the

recommendations and reasons on its website.

Chairperson

(1) The Chairperson of the board of

Commissioners shall conduct and participate in all meetings of the board but

may not vote, except in the event of a tie vote, in which case the Chairperson

shall have the deciding vote.

Selection

(2) The

Chairperson shall be selected unanimously by all of the Commissioners. If

however the Commissioners cannot agree on a candidate, each Commissioner may

put forward a candidate to the Chief Justice of Ontario, who shall select a

candidate to be the Chairperson.

Terms

of Commissioners

(1) Commissioners shall serve terms of 3 years

and may be reappointed.

Non-revocable

(2) An

appointment, once made, may not be revoked.

Initial

Commissioners

(3) In

any given year, the terms of one third of the Commissioners shall expire and,

for this purpose, the Lieutenant Governor in Council may appoint the initial

Commissioners for terms of less than three years, despite subsection (1).

Vacancies

(4) Any

vacancy on the board of Commissioners shall be filled promptly in the same

manner as the Commissioner whose absence created the vacancy, and the

replacement Commissioner shall serve the balance of the term of their

predecessor.

Chief

executive officer

34 The board of Commissioners shall hire a chief executive

officer responsible for the day-to-day operations of the Commission, on such

executive officer shall be responsible to the board of Commissioners.

Obligations

of board and CEO

35 The Commissioners and chief executive officer shall perform

their duties in a manner consistent with the purposes of this Act and the

principles it articulates.

Meetings

Quorum

(1) At a meeting of the board, quorum is

constituted if,

(

a) a

majority of the Commissioners are present; and

(

b) the

number of worker representatives and employer representatives are equal.

Meetings

(2) The

board of Commissioners shall meet at the times and in the manner that the board

considers appropriate but must do so at least 10 times in a given calendar

year.

Rules

of procedure

(3) The

board of Commissioners shall establish procedural rules governing its meetings

and shall follow Robert’s Rules of Order for any matter not covered by its

procedural rules.

Records

of meetings

(4) The

board of Commissioners shall ensure that accurate minutes of each of its

meetings are prepared and posted on the website of the Commission.

Exceptions

(5) The

board of Commissioners may remove from the minutes before posting them on the

Commission’s website,

(

a) any

information of a personal nature;

(

b) information

respecting ongoing contract negotiations;

(

c) information

that is subject to solicitor-client privilege; and

(

d) any

other information that the Commission is not legally authorized to publicly

disclose.

Re-posting

(6) The

board of Commissioners shall ensure that any minutes are reposted on the

website of the Commission if,

(

a) information

had been removed from the minutes under subsection (5); and

(

b) the

reasons for which the information was removed from the minutes are no longer

applicable.

Offices

of the Worker and Employer Advisers

Office

continued

(1) The Office of the Worker Adviser is

continued. Its functions are to,

(

a) provide

advice in respect of this Act to injured workers and their survivors and

represent them in their dealings with the Commission;

(

b) educate

workers and the public at large about injured workers, the system of

compensation for injured workers and workplace accidents and workplace

diseases; and

(

c) issue

public recommendations to the Commission on trends and patterns among injured

workers and problems they face.

Same

(2) The

Office of the Employer Adviser is continued. Its functions are to,

(

a) provide

advice in respect of this Act to employers with fewer than 20 employees and

represent them in their dealings with the Commission;

(

b) educate

employers and the public at large about injured workers, the system of

compensation for injured workers and workplace accidents and workplace

diseases; and

(

c) issue

public recommendations to the Commission on trends and patters among small

employers and problems they face.

Costs

(3) The

Commission shall pay the costs that may be incurred by each office in

performing its functions and ensure that funding for the office is sufficient

to meet the following service standards:

1. For

the Office of the Worker Adviser, no injured worker should wait more than 15

days for a meeting with a qualified lawyer or paralegal upon requesting such a

meeting.

2. For

the Office of the Employer Adviser, no employer should wait more than 15 days

for a meeting with a qualified lawyer or paralegal upon requesting such a

meeting.

PART VI

TRIBUNAL

Tribunal

38 The Workplace Safety and Insurance Appeals Tribunal is

continued under the name Workers’ Compensation Appeals Tribunal of Ontario in

l’Ontario in French.

Composition

of Tribunal

(1) The Tribunal shall be headed by a Chief

Adjudicator appointed by the Lieutenant Governor in Council.

Qualifications

of Chief Adjudicator

(2) In

order to be appointed as the Chief Adjudicator, an individual must have at

least 10 years experience as,

(

a) a

judge of the Superior Court of Justice with managerial responsibilities;

(

b) a

labour relations arbitrator;

(

c) a

decision-maker in an administrative law context with managerial

responsibilities; or

(

d) some

combination of the positions set out in clauses (

a) to (c).

Nominees

for position of Chief Adjudicator

(3) The

Lieutenant Governor in Council shall appoint the Chief Adjudicator.

Nominees

for position of Adjudicator

(4) The

Chief Adjudicator shall appoint individuals as Adjudicators.

Age

limit

(5) The

Chief Adjudicator and the Adjudicators shall not serve past the age of 65.

Exception

(6) Despite

subsection (5), the Chief Adjudicator or an Adjudicator may serve until the age

of 70 with,

(

a) in

the case of the Chief Adjudicator, the approval of the Lieutenant Governor in

Council and the support of the majority of Adjudicators; and

(

b) in

the case of an Adjudicator, the approval of the Chief Adjudicator.

External

activities prohibited

(7) The

Chief Adjudicator and other Adjudicators shall not engage in any other employment

or perform any other remunerated activities.

Allegation

against Adjudicator

(8) In

the event of a credible allegation that an Adjudicator is unable or unwilling

to execute the duties of an Adjudicator in a competent, timely or unbiased

manner, the Chief Adjudicator shall strike a panel of Adjudicators to

investigate the allegation, which shall prepare a report on the allegation and

make recommendations on next steps to the Chief Adjudicator.

Decision

of Chief Adjudicator

(9) The

Chief Adjudicator shall review the report and determine what action is

necessary to respond to the allegations, which may include,

(

a) declaring

that the allegations do not warrant any further action;

(

b) requiring

the Adjudicator to undertake remedial education on any relevant topic;

(

c) providing

reasonable accommodation for an Adjudicator’s disability; or

(

d) disciplining

the Adjudicator, including suspending the Adjudicator or terminating the

Adjudicator’s appointment.

Allegation

against Chief Adjudicator

(10) In

the event of a credible allegation that the Chief Adjudicator is unable or

unwilling to execute the duties of the Chief Adjudicator in a competent, timely

or unbiased manner, the Lieutenant Governor in Council shall strike a panel of Superior

Court Judges, based on the recommendations of the Chief Justice of Ontario, who

shall investigate the allegation, prepare a report on the allegation and make

recommendations on next steps to the Lieutenant Governor in Council.

Decision

of Lieutenant Governor in Council

(11) The

Lieutenant Governor in Council shall review the report and determine what

action is necessary to respond to the allegations, which may include,

(

a) declaring

that the allegations do not warrant any further action;

(

b) requiring

the Chief Adjudicator to undertake remedial education on any relevant topic;

(

c) providing

reasonable accommodation for the Chief Adjudicator’s disability; or

(

d) disciplining

the Chief Adjudicator, including suspending the Chief Adjudicator or terminating

the Chief Adjudicator’s appointment.

Compensation

(12) For

administrative purposes, the Chief Adjudicator,

(

a) shall

be considered a Deputy Minister and is entitled to the same compensation as a

Deputy Minister; and

(

b) shall

report directly to the Attorney General.

Duties

of Chief Adjudicator

40 The Chief Adjudicator shall,

(

a) determine

the times and places at which and the manner in which all appeals are conducted;

and

(

b) establish

practices and procedures for appeals and ensure that they are published on a

website of the Tribunal.

Funding

(1) The Chief Adjudicator shall prepare an

annual budget for the operation of the Tribunal and present it to the Attorney

General. The Attorney General shall forward the budget to the Commission, which

shall provide the necessary funds.

Auditor

General

(2) The

accounts of the Tribunal shall be audited by the Auditor General annually.

PART VII

MISCELLANEOUS

cause of action

42 No action or other civil proceeding for negligence may be

commenced by an injured worker or by a surviving family member of an injured

worker against the injured worker’s employer in connection with the workplace

injury or workplace disease.

Provision

of information

43 Every injured worker and every employer shall promptly

report to the Commission any workplace accident or the onset of a workplace

disease or any information that leads them to suspect that a workplace accident

has occurred or that an individual has acquired a workplace disease.

Employers

to report employment

44 If an employer enters into an employer-employee

relationship with a worker, the employer shall register that fact with the

Commission within 15 days after entering into the relationship if, in

accordance with the worker’s conditions of employment, the worker is to receive

compensation in the form of a salary or other benefits that would result in the

worker receiving or expecting to receive,

(

a) compensation

in an amount equivalent to at least 100 dollars in any 30-day period;

(

b) compensation

in an amount equivalent to at least 600 dollars in any six-month period; or

(

c) compensation

in an amount equivalent to at least 1,200 dollars in any 12-month period.

Regulations

for reporting system

(1) The Commission shall, by regulation, establish

a system for the reporting, by workers and employers, of accidents, injuries or

diseases occurring in the workplace or other circumstances that may suggest an

unsafe workplace.

Scope

(2) Without

limiting the generality of subsection (1), the system shall provide for the

reporting of,

(

a) accidents

requiring the delivery of first aid;

(

b) accidents

necessitating subsequent medical interventions of any nature; and

(

c) accommodations

or other changes to a worker’s duties for reasons related to the worker’s

health, even if the health issue does not stem from the worker’s occupation.

PART VIII

TRANSITION

Definition

46 In this Part,

“predecessor

Act” means the Workplace Safety and Insurance Act, 1997 .

Transition

to this Act

(1) Injured workers who are receiving benefits

under the predecessor Act on the day this Act comes into force shall have their

cases reviewed and a decision made as to entitlement to compensation under this

Act, except that, if it is determined that an injured worker is entitled to a

greater amount of compensation under the predecessor Act, the injured worker

shall remain entitled to that amount of compensation, despite the provisions of

this Act and the repeal of the predecessor Act.

Same

(2) Until

an injured worker’s case is reviewed under subsection (1), the injured worker

shall remain entitled to compensation under the predecessor Act and, despite

the repeal of the predecessor Act, its provisions continue to apply to the

extent necessary.

Schedule

(3) The

reviews under subsection (1) shall begin no later than the first anniversary of

the day on which this Act comes into force and, between each subsequent

anniversary, at least 20 per cent of the overall number of required reviews

must be completed, with all reviews completed no later than the sixth

anniversary of the day on which this Act comes into force.

Oldest

cases first

(4) Cases

for review shall be prioritized based on their age, with the oldest cases given

the most priority.

Continued

application of WSIA

(5) Sections

15 and 15.1 of the predecessor Act, along with Schedules 3 and 4 to that Act,

continue to apply, with necessary modifications, for the purposes of this Act

until the regulations under subsection (6) are made.

Regulations

(6) The

Lieutenant Governor in Council shall, by regulation, restate the content of

sections 15 and 15.1 of the predecessor Act, along with Schedules 3 and 4 to

that Act, for the purposes of this Act.

References

to the Workplace Safety and Insurance Act, 1997

(1) Subject to subsection (2), in any Act or

regulation, other than this Act or a regulation made under this Act, references

to,

(

a) the

predecessor Act are deemed to be references to this Act;

(

b) the

Workplace Safety and Insurance Board are deemed to be references to the

Commission; and

(

c) the

Workplace Safety and Insurance Appeals Tribunal are deemed to be references to

the Tribunal.

Same

(2) If

applying the rule in subsection (1) to a provision in

an Act or a regulation

would lead to a result that is not reasonably intended, the provision shall be

interpreted so as to best facilitate the transition between the predecessor Act

and this Act.

Regulations

(1) The Lieutenant Governor in Council may make

regulations as the Lieutenant Governor in Council considers necessary for the

implementation and administration of this Act, including anything in this Act

referred to as being done by regulation.

Notice

(2) If

the Lieutenant Governor in Council makes a regulation under subsection (1), the

Lieutenant Governor in Council shall publish an explanation of how the

regulation promotes the principles of this Act.

PART IX

REPEAL, COMMENCEMENT AND

SHORT TITLE

Workplace

Safety and Insurance Act, 1997

50 The Workplace Safety and Insurance

Act, 1997 is repealed.

Commencement

51 This Act comes into force on the first anniversary of

the day on which this Act receives Royal Assent.

Short

title

52 The

short title of this Act is the Meredith

Act (Fair Compensation for Injured Workers), 2025 .

Date Bill stage Event Outcome Committee

April 15, 2026

Second Reading

Vote

Lost on division

April 14, 2026

Second Reading

Question put

Vote deferred

April 14, 2026

Second Reading

Debated

December 8, 2025

First Reading

Ordered for Second Reading

December 8, 2025

First Reading

Vote

Carried

First Reading

December 8, 2025

Carried

Ordered for Second Reading

Second Reading

April 14, 2026

Questions and Responses

Firin, Mohamed

York South—Weston

Fraser, John

Ottawa South

Gates, Wayne

Niagara Falls

Gélinas, France

Nickel Belt

Sabawy, Sheref

Mississauga—Erin Mills

Schreiner, Mike

Guelph

Vaugeois, Lise

Thunder Bay—Superior North

West, Jamie

Sudbury

Question put

April 15, 2026

Lost on division