Chamber
ontario
Stage
Introduced
This Ontario bill replaces the current workplace injury insurance law with a new system offering stronger compensation and benefits for injured workers.
Key Changes
- Replaces the Workplace Safety and Insurance Act, 1997 and the WSIB with a new law and renamed Commission (Workers' Compensation Commission of Ontario)
- Sets lost earnings compensation at 90% of net lost income, based on the higher of the worker's prior year or five-year average tax-declared earnings
- Adds compensation for intangible losses, pain and suffering for permanently injured workers, with no fixed cap mentioned
- Requires the Commission to pay pension contributions and maintain health insurance coverage for injured workers during recovery
- Creates a Commission-run pension plan for permanently injured workers without an employer pension, with contributions of at least 17% of lost earnings
- Establishes an independent Workers' Compensation Appeals Tribunal of Ontario with strong procedural protections, including adverse inference rules if the Commission withholds documents
Gotchas
- Workers who are already receiving benefits under the old WSIB system will have their cases reviewed and transitioned to the new Act, but they keep whichever benefit amount is higher — the old or new system's rate.
- The transition review must be completed within six years of the Act coming into force, with at least 20% of cases reviewed per year after the first anniversary, prioritizing the oldest cases first.
- Interim compensation paid to workers cannot be clawed back by the Commission unless there is a criminal fraud conviction — this is a stronger protection than many existing systems.
- The Commission is explicitly prohibited from revoking a Commissioner's appointment once made, and the administration is designed to be independent from the provincial government, similar to judicial independence.
- Medical practitioners — not the Commission — have the final say on what personal health information is 'reasonably necessary' to share, giving patients more privacy control than under the current system.
- The bill removes the worker's right to sue their employer for negligence in exchange for access to the compensation system, continuing the historic 'Meredith Principle' trade-off.
Who's Affected
- Injured workers and workers with occupational diseases in Ontario
- Employers in Ontario who pay premiums to the workers' compensation fund
- Dependants and families of workers killed in workplace accidents
- Co-op students, apprentices, learners, and volunteers (explicitly covered under the new definition)
- Small employers (fewer than 20 employees) who receive support from the Office of the Employer Adviser
- Medical practitioners involved in assessing workplace injuries
Vibes
0 responses
Gotchas
- Workers who are already receiving benefits under the old WSIB system will have their cases reviewed and transitioned to the new Act, but they keep whichever benefit amount is higher — the old or new system's rate.
- The transition review must be completed within six years of the Act coming into force, with at least 20% of cases reviewed per year after the first anniversary, prioritizing the oldest cases first.
- Interim compensation paid to workers cannot be clawed back by the Commission unless there is a criminal fraud conviction — this is a stronger protection than many existing systems.
- The Commission is explicitly prohibited from revoking a Commissioner's appointment once made, and the administration is designed to be independent from the provincial government, similar to judicial independence.
- Medical practitioners — not the Commission — have the final say on what personal health information is 'reasonably necessary' to share, giving patients more privacy control than under the current system.
- The bill removes the worker's right to sue their employer for negligence in exchange for access to the compensation system, continuing the historic 'Meredith Principle' trade-off.
Summary
Bill 86 repeals Ontario's Workplace Safety and Insurance Act, 1997 and replaces it with the Meredith Act (Fair Compensation for Injured Workers), 2025. The new law creates a revamped workers' compensation system administered by a renamed body called the Workers' Compensation Commission of Ontario. It sets out how injured workers are compensated for lost earnings, pain and suffering, medical costs, and pension contributions, and guarantees rehabilitation and retraining programs for permanently injured workers. The bill increases compensation to 90% of lost earnings (after taxes), adds payments for intangible losses like pain and suffering, and requires employers to continue health insurance and pension contributions during a worker's recovery. It also establishes a new independent appeals tribunal and strengthens job security protections for injured workers. The bill was introduced to address perceived shortcomings in the existing system, including inadequate compensation rates, lack of independence in administration, and insufficient support for permanently injured workers. It emphasizes that workers gave up their right to sue employers in exchange for timely, no-fault compensation, and aims to ensure that trade-off is honoured fairly.
Automatically generated from bill text using Claude
Vibes
0 responses
Recorded Votes
| Date | Description | Yeas | Nays | Result |
|---|---|---|---|---|
| Apr 15, 2026 | Second Reading of Bill 86, An Act to enact the Meredith Act (Fair Compensation for Injured Workers), 2025 and to repeal the Workplace Safety and Insurance Act, 1997. | 41 | 62 | Negatived |