Workplace Health and Safety Obligations for Canadian Employers in 2026: A Cross-Provincial Guide

The extended transition period for Canada's updated Workplace Hazardous Materials Information System (WHMIS) ended on December 14, 2025.

1. The WHMIS Transition Is Over: Full Compliance Is Now Mandatory

The extended transition period for Canada's updated Workplace Hazardous Materials Information System (WHMIS) ended on December 14, 2025. As of that date, every employer, supplier, and importer in Canada must be in full compliance with the amended Hazardous Products Regulations (HPR) under the federal Hazardous Products Act. There is no longer any grace period.

The amendments align Canada with Revision 7 of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), along with selected elements of GHS Revision 8. Key changes employers must have implemented include:

New hazard class — "Chemicals Under Pressure": An entirely new physical hazard class has been added to the HPR. Products that meet the criteria must now carry the appropriate hazard pictogram, signal word, and hazard statements on their labels and Safety Data Sheets (SDS).
Renamed category — "Aerosols" (formerly "Flammable Aerosols"): The class has been broadened and renamed. A new Category 3 now captures non-flammable aerosols, meaning products that were previously outside WHMIS scope may now be captured.
Flammable Gases sub-categories: Category 1 has been split into Category 1A and Category 1B, requiring more granular classification and labelling.
SDS Section 9 revisions: Particle characteristics have been added as a required property, while evaporation rate has been removed.

Employers must ensure that all Safety Data Sheets and workplace labels have been updated, that worker education programs reflect the new hazard classes and categories, and that inventories of hazardous products have been re-assessed against the amended criteria.

Penalties for non-compliance are significant. Depending on the nature and severity of the violation, fines range from $250,000 to $5 million CAD under the Hazardous Products Act.

Federally regulated workplaces must ensure that WHMIS training is reviewed at least yearly under the Canada Occupational Health and Safety Regulations, which are current to January 19, 2026.

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2. Ontario's New Enforcement Tools and Workplace Requirements (Effective January 1, 2026)

Ontario has introduced several notable changes to its occupational health and safety framework that took effect on January 1, 2026.

Administrative Monetary Penalties (AMPs)

Under new Section 69.1 of the Occupational Health and Safety Act (OHSA), the Ontario Ministry of Labour, Immigration, Training and Skills Development can now issue Administrative Monetary Penalties as an alternative to prosecution. This gives inspectors a faster, more flexible enforcement tool. Rather than pursuing lengthy court proceedings for every contravention, the Ministry can now levy monetary penalties administratively, streamlining enforcement and increasing the likelihood that non-compliant employers face tangible consequences.

Washroom Cleaning Records

Ontario employers are now required to maintain documented washroom cleaning records that include the date and time of the two most recent cleanings (this requirement applies specifically to construction projects). This requirement formalizes a basic hygiene standard and makes compliance easily auditable during workplace inspections.

Defibrillator Reimbursement Program

Although not a direct OHS obligation, Ontario's defibrillator reimbursement program — offering up to $2,500 per unit between July 2025 and June 2027 — provides a financial incentive for employers to equip their workplaces with automated external defibrillators (AEDs). Employers should consider taking advantage of this program as part of their broader emergency preparedness planning.

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3. Workplace Violence and Harassment Prevention: A Cross-Provincial Overview

Preventing workplace violence and harassment has become a central pillar of OHS legislation across Canada. While the core obligation — that employers must take every reasonable precaution to protect workers — is universal, the specific regulatory mechanisms vary by jurisdiction.

Alberta (Effective March 31, 2025)

Alberta now requires employers to maintain a combined workplace harassment and violence prevention plan. Previously, harassment and violence were addressed in separate policy instruments. The consolidated approach is intended to reduce administrative complexity and ensure that employers address the full spectrum of harmful workplace conduct in a single, coherent framework under the Occupational Health and Safety Act and its regulations.

Nova Scotia (Effective September 1, 2025)

Nova Scotia introduced a requirement that all employers must implement a formal Preventing Harassment Policy. This policy must be reviewed at a minimum every three years. Additionally, as of July 15, 2025, Nova Scotia introduced a new Duty to Cooperate following workplace injuries: employers must contact the injured employee and create a return-to-work plan. This obligation reinforces the province's commitment to both prevention and recovery.

Federal Jurisdiction

Federally regulated employers continue to be bound by the Canada Labour Code, Part II, and the Work Place Harassment and Violence Prevention Regulations (SOR/2020-130), which require a comprehensive workplace harassment and violence prevention policy, risk assessments, training, and a resolution process.

Ontario and British Columbia

Ontario's OHSA requires workplace violence and harassment programs under sections 32.0.1–32.0.8. British Columbia's Workers Compensation Act and associated OHS Regulation address bullying and harassment with specific employer duties enforced by WorkSafeBC.

Mental Health Considerations — CSA Z1003

Across all jurisdictions, employers are increasingly expected to address psychological health and safety in the workplace. The CSA Z1003 / BNQ 9700-803 — Psychological Health and Safety in the Workplace standard provides a voluntary national framework for identifying, assessing, and controlling psychological hazards. While not yet legislatively mandated in most provinces, this standard is widely referenced by regulators and courts as a benchmark for reasonable employer conduct. Employers who proactively adopt its principles — including conducting psychological hazard assessments, training managers, and integrating mental health into their OHS management systems — are better positioned to meet their general duty obligations and defend against claims of negligence.

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4. Joint Health and Safety Committees, Worker Representatives, and the Internal Responsibility System

The Internal Responsibility System (IRS) is the foundational philosophy of Canadian occupational health and safety law. It holds that workplace safety is a shared responsibility: employers must provide safe conditions, equipment, training, and supervision, while employees must follow safe work procedures, use required protective equipment, and report hazards. Joint Health and Safety Committees (JHSCs) are the primary structural mechanism through which this shared responsibility is operationalized.

JHSC Thresholds by Jurisdiction

Federal: A JHSC is required in workplaces with 20 or more employees.
Ontario: A JHSC is required in workplaces with 20 or more employees, or where a designated substance regulation applies. Workplaces with 6 to 19 employees must select a health and safety representative.
British Columbia: A JHSC is required in workplaces with 20 or more employees. Workplaces with 10 to 19 employees must select a worker health and safety representative.
Alberta: A JHSC is required at worksites with 20 or more employees.
Most other provinces: The standard threshold is 20 or more employees, though specific rules vary.

Employer Responsibilities Under the IRS

Employers bear the primary duty to ensure workplace health and safety. Core obligations include: maintaining equipment and facilities in safe condition; providing information, instruction, and supervision to protect workers; ensuring compliance with all applicable OHS legislation and regulations; conducting hazard assessments; investigating incidents and near-misses; and supporting the JHSC or health and safety representative in carrying out their functions.

Employee Responsibilities Under the IRS

Workers are obligated to: work in compliance with OHS legislation and workplace safety policies; use required personal protective equipment; report hazards, unsafe conditions, and contraventions to their supervisor or employer; and cooperate with the JHSC or health and safety representative.

The IRS depends on active participation at every level. When either side fails to meet its obligations, the system breaks down — and regulators across Canada are increasingly willing to hold both employers and individual supervisors personally accountable.

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5. The Right to Refuse Unsafe Work

Every Canadian jurisdiction enshrines the right to refuse unsafe work as a fundamental worker protection. This right is one of three core worker rights (alongside the right to know and the right to participate) that underpin the entire Canadian OHS framework.

While the specific procedures differ slightly by province and territory, the general process is consistent:

Step 1: A worker who has reason to believe that their work is likely to endanger themselves or another worker must report the concern to their supervisor or employer.
Step 2: The employer or supervisor must investigate the concern promptly, in the presence of the worker and a JHSC member or health and safety representative where applicable.
Step 3: If the matter is not resolved to the worker's satisfaction, the worker may continue to refuse, and the matter is referred to a government health and safety inspector for investigation and a binding decision.
Step 4: The worker must not be penalized, disciplined, or terminated for exercising the right to refuse in good faith. Reprisal protections are codified in every jurisdiction's OHS legislation.

Employers should ensure that all workers are trained on the work refusal process during orientation and that supervisors understand their obligation to investigate promptly and without reprisal. Failure to respect a legitimate work refusal can result in orders, penalties, and — in Ontario as of January 2026 — Administrative Monetary Penalties under the new AMP regime.

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6. Looking Ahead: Federal Regulatory Developments Expected in 2026

Federally regulated employers should be aware that new occupational health and safety requirements are anticipated in winter 2026. While final regulatory text and in-force dates should be monitored through the Canada Gazette, the areas under active development include:

Thermal stress: New provisions addressing employer obligations to protect workers from heat and cold stress hazards.
Nanomaterials safety: Emerging requirements for the safe handling, storage, and disposal of engineered nanomaterials in the workplace.
UV radiation protection: Updated standards for protecting workers exposed to ultraviolet radiation, both natural and artificial.
PPE standardization: Harmonized requirements for personal protective equipment selection, maintenance, and training.

Employers in federally regulated industries — including transportation, telecommunications, banking, and federal Crown corporations — should begin reviewing their current hazard assessments and control measures in these areas now, rather than waiting for final regulations to be published.

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Key Takeaways

The WHMIS transition period ended December 14, 2025 — full compliance with the amended Hazardous Products Regulations is now mandatory, with penalties ranging from $250,000 to $5 million CAD for non-compliance.
Ontario introduced Administrative Monetary Penalties (AMPs) under OHSA Section 69.1 effective January 1, 2026, giving inspectors a faster alternative to prosecution.
Alberta now requires a single combined workplace harassment and violence prevention plan (effective March 31, 2025), and Nova Scotia requires all employers to maintain a formal Preventing Harassment Policy reviewed at least every three years (effective September 1, 2025).
Joint Health and Safety Committees are required in most Canadian jurisdictions once a workplace reaches 20 or more employees — employers must verify their specific provincial threshold and ensure committees are properly constituted.
The right to refuse unsafe work is enshrined in every Canadian jurisdiction — employers must train workers on the refusal process and ensure supervisors understand their investigation obligations and reprisal prohibitions.
Federal regulatory developments expected in winter 2026 include new requirements for thermal stress, nanomaterials safety, UV radiation protection, and PPE standardization — proactive employers should begin reviewing their hazard assessments now.