Ford Government's Amendments to Workplace Safety and Insurance Board
The Ford government issued a press release on April 14 announcing that it would be making changes to the Workplace Safety and Insurance Board (WSIB). These changes provide certain improvements to the compensation system but fall far short of what is needed to provide justice and dignity for injured workers and their families. They are the result of the unrelenting work of the Ontario Network of Injured Workers' Groups and their supporters for changes to the WSIB to uphold the rights of injured workers. But buried in the bill and deemed not worthy of mention in the government's press release are new provisions that would seriously harm injured workers.
The government announced three changes which, as reported by the Injured Workers Community Legal Clinic (IWC) are:
- follow through on a promise from two elections ago that they would raise injured workers' Loss of Earnings benefits from 85 per cent of pre-injury wage to 90 per cent.
- would allow some workers to receive benefits past age 65 if they can prove they planned on working past that age.
- would expand mandatory coverage to 29,000 additional workers at residential care facilities, retirement homes and group homes.
The IWC reports that "the changes to the Workplace Safety and Insurance Act have now been introduced in Schedule 9 of Bill 105, Protecting Ontario's Workers and Economic Resilience Act, 2026. Unfortunately it includes several dangerous proposals that would fundamentally change the Workers' Compensation system, and leave injured workers exposed to a lifetime of surveillance and income insecurity."
The clinic is encourageing attendance at a community meeting at their office at 815 Danforth Avenue, Suite 411, Toronto on April 29 at 1:00 pm. The meeting will be hybrid and attendees, whether in person or online, are required to register here.
The IWC points out that the government's proposal to allow workers to
prove that they would have worked past age 65 to continue to receive
wage loss compensation is a step forward. But it is also insufficient,
as it shifts the burden onto injured workers. There is a need for
retroactivity for the
increase from 85 per cent to 90 per cent in Loss of Earnings benefits
(LOE). That five per cent cut should not only be restored, but it should
also be repaid retroactively to 1998, with interest.
Injured workers have also lost retirement income. The legal clinic says, "An 11.9 per cent contribution rate, matching combined Canada Pension Plan contributions, would better reflect the reality that injured workers lose not only wages, but the ability to build retirement income. Without reform and retroactivity to 1998, many face poverty in old age, and are effectively hurt twice: first by injury, then by a system that fails to compensate them fully."
The Industrial Accident Victims' Group of Ontario (IAVGO), a Toronto-based legal clinic that serves injured workers, raised the alarm about a provision in Bill 105 that would cause immense harm and is urging people to call the Premier, the Minister of Labour, the head of the WSIB and Members of the Provincial Parliament to demand its removal. The IAVGO reports that:
"For workers who have not yet reached the 72-month "lock-in,"
this
bill is a major change. Right now, after six years, a worker's benefits
are locked in. That means stability. Under Bill 105, that protection
would be gone. WSIB could review a worker's benefits at any time, for
the rest of their
life. They could do this on a schedule, or anytime something in the
worker's life changes – like losing a job or getting another benefit.
"The bill also says a worker can never receive more than 100 per cent of their pre-injury income. That means WSIB will reduce benefits if a worker gets money from other sources – like government programs, pensions, or employer payments. We don't even know the full list yet, but it could include things like CPP retirement, old age benefits, or other supports. WSIB can also continue to deduct CPP-D (disability benefits) forever. In simple terms: Workers with newer claims could have their benefits reviewed and reduced for life.
"And it's not just about money. This means lifelong monitoring by WSIB and, in some cases, employers. That level of ongoing scrutiny is stressful and invasive."
The government press release claims that this bill is all part of its plan to protect Ontario workers "by proposing the first increase in nearly 30 years to income replacement benefits [...] As Ontario continues to face economic uncertainty and impacts from U.S. tariffs, the government is taking bold and decisive action to protect workers. [...] These proposed changes are part of a broader package of measures the government will introduce in the coming days to continue delivering on its plan to cut red tape, protect workers and make Ontario the most competitive place in the G7 to invest, create jobs and do business."
To present the reversal of a cut in benefits that, along with other
measures adopted by the Harris government, has contributed to the
impoverishment of injured workers and their families since 1998 as an
"increase" is self-serving indeed. So too is the extension of WSIB
coverage to certain health
care workers where recruitment and retention are a huge problem due to
low wages and unacceptable working conditions. The Ford government
itself has added to the impoverishment of injured workers. It has
diverted to employers, as part of its pay-the-rich agenda, over $5.5
billion in "surplus" WSIB
funds, accumulated from cuts to payments and services to injured
workers.
If the Ford government had a genuine concern for Ontario workers it would have implemented the comprehensive reforms that injured workers and advocates have identified, starting with passing the Meredith Act. Ontario workers have been fighting for needed reforms since before the Harris government's wholesale wrecking of the compensation system in the '90s which has been stepped up by successive governments since then, including the Ford Conservatives.
This article was published in
Volume 56 Number 24 - April 28, 2026
Article Link:
https://cpcml.ca/TML2026/Articles/T560247.HTM
Website: www.cpcml.ca Email: editor@cpcml.ca