What employers must be ready for by Jan. 1, 2026
Exclusive to Canadian HR Reporter from Rudner Law.
Employers: the countdown to compliance is on.
Bill 190 — officially titled the Working for Workers Five Act, 2024 — is a sweeping update to several of Ontario’s employment and workplace laws.
Read on to find out more about what changes are coming up.
Q: What are the changes affecting job postings and hiring?
A: On Jan. 1, 2026, the ESA-related reforms under Bill 190 (and related regulations) will bring in a set of new obligations for employers when advertising jobs and hiring.
Why it matters: These are major transparency reforms. If you’re job-seeking in Ontario starting in 2026, you’ll know (often before applying) whether the position is genuine, what the pay is, and whether AI is involved in screening.
For employers, this means more paperwork and potentially more scrutiny. See Regulation 476/24.
Q: Are there new OHS obligations taking effect?
A: Yes, specifically around washroom cleanliness and compliance for employers and constructors under the OHSA.
Here’s what’s changing:
- The constructor or employer must keep, maintain and make available records of the cleaning of washroom facilities. As of Jan. 1, 2026, the two most recent cleanings for each washroom facility must be documented (including the date and time) and physically posted in a conspicuous location near the washroom facilities or made electronically accessible with clear instructions for workers on how and where to access this information. See Regulation 480/24.
- A constructor must maintain a record of the servicing, cleaning and sanitizing services of any toilet, urinal and clean-up facilities. This record must also include the date of all services for the past six months or the duration of the project, whichever is shorter. See Regulation 482/24.
These rules are meant to ensure workplaces, including construction sites, maintain sanitary conditions, and that workers have transparent access to cleaning records.
Q: Why does this matter for workers and employers?
A: The coming changes under Bill 190 reflect a broader shift: toward greater transparency, fairness, and accountability in Ontario’s labour market.
- For job-seekers: more information upfront — whether a job is real, what the pay is, and whether AI is involved. That helps avoid wasted time, bait-and-switch ads, and “ghosting.”
- For employees: stronger protections — employers must uphold sanitary washroom standards with transparent record-keeping.
- For employers and constructors: more administrative responsibilities — posting pay ranges, retaining records for years, updating hiring practices, and managing compliance risks.
Jan. 1, 2026 isn’t just another date on the calendar — it’s a milestone for Ontario workplaces. As the reforms under Bill 190 kick in, the way jobs are advertised, how people are hired, how work environments are maintained, and how construction-site workers are treated are all changing.
If you’re looking for a job, hiring, or managing a workplace, it is critical that you stay up to date on these developments and seek legal advice before doing something that may impact your rights. For employers, we recommend that you update your hiring and health and safety practices and policies, to recognize the new requirements with respect to job postings and washroom facilities. As we always say, if you think you need an employment lawyer, you probably do!
Nadia Zaman is a senior associate lawyer at Rudner Law in Toronto. She can be reached at (416) 864-8500 or [email protected].
