⚖️ Legislative Updates — August 2026
August 2026 brings a fresh wave of compliance obligations for Canadian employers. Ontario employers face the closure of the WSIB's Second Injury and Enhancement Fund and new guidance on what makes a workplace investigation legally sufficient. BC courts and the provincial government have issued important updates on fixed-term employment and employment standards complaints. Federally regulated employers must navigate new TFW compliance requirements and French language obligations. Below is a province-by-province breakdown of every employment law change, court decision, and legislative update that matters to your organization — all from July 1, 2026 onward.
🍁 Ontario 2 Updates
Workers Compensation
WSIB Closes Second Injury and Enhancement Fund (SIEF)
Effective June 16, 2026, the WSIB has formally closed the Second Injury and Enhancement Fund (SIEF). Employers can no longer apply for SIEF cost relief for injuries occurring on or after that date. Existing SIEF requests and credits will continue to be processed under the prior rules, but going forward, all claim costs for workers with pre-existing conditions will be borne entirely by the employer of record. The WSIB's Pre-Existing Conditions Policy (OPM 15-02-03) and Aggravation Basis Policy (OPM 15-02-04) will continue to govern adjudication — but without the cost-relief mechanism SIEF provided.
Employer Takeaway: Review all active WSIB claims involving pre-existing conditions immediately. Build your medical evidence package and engage a WSIB specialist to develop a claims management strategy under the new framework.
Source: Hicks Morley →
Labour Board Decision
OLRB Issues First-Ever Guidance on What Makes a Workplace Investigation "Appropriate"
In Alyssa Gassi v. The Corporation of the County of Lambton, 2026 CanLII 64081 (ON LRB), the Ontario Labour Relations Board issued its first detailed guidance on what constitutes an "appropriate" workplace harassment investigation under the Occupational Health and Safety Act. The OLRB found the employer's investigation was inadequate — the investigator lacked independence, the process was not timely, and findings were not properly communicated to the complainant. The Board confirmed that employers have a positive duty to ensure investigations are conducted properly, not merely initiated.
Employer Takeaway: Ensure internal investigators are trained on the Occupational Health and Safety Act, your harassment policy, and investigative procedures. Investigations must consider the rights of both the complainant and respondent, explain why certain witnesses were or were not interviewed, and be completed in a reasonable timeframe.
Source: Dentons Employment & Labour →
🏔️ British Columbia 2 Updates
Court Decision
BC Court of Appeal: Fixed-Term Employment Commitment Overrides Termination Clause in Business Acquisition
In Facility Condition Assessment Portfolio Experts Ontario Ltd. v. Bouchard, 2026 BCCA 89, the BC Court of Appeal confirmed that in a business acquisition, an Asset Purchase Agreement's three-year employment commitment superseded the Employment Standards Act termination clause in the employee's new contract. The employee was entitled to the full remaining term of the commitment, not just the statutory minimum.
Employer Takeaway: When acquiring a business, ensure your Asset Purchase Agreement, Employment Contract, and any Non-Solicitation Agreement are internally consistent and clearly reflect the intended employment arrangement. A superseding clause in the APA can override the termination provisions in a later-signed employment contract.
Source: Hicks Morley →
Employment Standards
BC Employment Standards Complaint Process Improved — Effective August 1, 2026
As of August 1, 2026, changes to the Employment Standards Act and the Temporary Foreign Worker Protection Act came into force in British Columbia. The changes streamline the employment standards complaint and dispute-resolution process by increasing opportunities for early resolution, reducing administrative burden, and improving access for workers — particularly those in vulnerable employment situations.
Employer Takeaway: Review the updated complaint procedures and ensure your HR team is familiar with the new dispute-resolution pathways. Proactive compliance and early resolution of workplace disputes will be increasingly important under the revised framework.
Source: Government of BC →
🍁 Federal 2 Updates
Compliance Update
TFW Program Compliance Penalties More Than Double
On July 9, 2026, the federal government announced that TFW Program compliance penalties exceeded $10.2 million in 2025–2026 — more than double the prior year's $4.5 million. Thirty employers were banned from the program. New requirements also took effect: Low-Wage stream employers must now advertise for eight consecutive weeks (up from four) before submitting a Labour Market Impact Assessment (LMIA) application. High-risk sectors including retail, food services, accommodation, and trucking face enhanced scrutiny.
Employer Takeaway: Conduct an immediate TFW compliance audit. Verify that all working conditions match your LMIA commitments, maintain complete records, and update your advertising practices to meet the new eight-week requirement. Non-compliance can result in penalties up to $1M per year and a permanent ban.
Source: Government of Canada →
French Language
French Language Regulations Published Under Bill C-13
On July 18, 2026, the federal government published new regulations under the Official Languages Act implementing the French language requirements of Bill C-13 for federally regulated employers. The regulations set out specific obligations with respect to the language of work, customer service, and internal communications — particularly for employers operating in regions with significant Francophone populations.
Employer Takeaway: Review your language of work policies and internal communications practices. Ensure job postings, training materials, and HR documents are available in French for employees in designated bilingual regions. Consult with legal counsel to assess your specific obligations under the new regulations.
Source: Canada Gazette →
💰 Current Minimum Wage Across Canada — August 2026
All rates are current as of August 2026. Upcoming scheduled increases are noted where confirmed.
| Province / Territory | Current Rate | Upcoming Changes |
|---|---|---|
| Alberta | $15.00 | — |
| British Columbia | $18.25 | — |
| Manitoba | $16.00 | ↑ $16.40 (Oct 1, 2026) |
| New Brunswick | $15.90 | — |
| Newfoundland & Labrador | $16.35 | — |
| Northwest Territories | $16.95 | — |
| Nova Scotia | $16.75 | ↑ $17.00 (Oct 1, 2026) |
| Nunavut | $19.00 | ↑ $19.75 (Sep 1, 2026) |
| Ontario | $17.60 | ↑ $17.95 (Oct 1, 2026) |
| Prince Edward Island | $17.00 | ↑ $17.30 (Oct 1, 2026) |
| Québec | $16.60 | — |
| Saskatchewan | $15.35 | — |
| Yukon | $18.51 | — |
| Federal | $18.15 | — |
🎙️ LIVE WEBINAR
TUESDAY, AUGUST 25, 2026 • 2:00 PM EST
Back to School:
Accommodation Based on Family Status & Child Care
Accommodation Based on Family Status & Child Care
Every September, working parents face a familiar crunch — new school schedules, daycare transitions, before- and after-school care gaps, and children with special needs requiring adjusted routines. Family status is a protected ground under human rights legislation across Canada, meaning employers have a legal duty to accommodate employees whose childcare or caregiving responsibilities conflict with their work schedule, up to the point of undue hardship. This practical session walks you through exactly what your obligations are, how to respond to accommodation requests, and where the legal boundaries lie.
✔ What "family status" means legally
✔ Genuine need vs. scheduling preference
✔ How to run the accommodation process
✔ What "undue hardship" really means
✔ Real accommodation case examples
Speaker
Darcy Michaud
Chief Services Officer
HR Covered Inc.
HR Covered Inc.
Host
Kim Allen
Director of Account Management
HR Covered Inc.
HR Covered Inc.
Can't attend live? Register and we'll send you the full recording.
📰 Trending HR Insights — August 2026
Wrongful Dismissal | Unwritten Practices | Ontario
"Everybody Else Does It" — When Unwritten Workplace Practices Protect Employees
In Wilsher v. Olympic Wholesale, 2026 ONSC 3620 (June 26, 2026), an Ontario Superior Court found wrongful dismissal where a night shift supervisor with 17 years of service was fired for "topping up" employee timesheets — a practice that had been universally followed for nearly two decades, known to management, and never prohibited. The Court awarded 19 months' pay in lieu of notice plus 14 months of Wallace damages for bad-faith conduct in the manner of dismissal.
Employer Takeaway: Audit your workplace practices now. If a policy has been routinely ignored or applied inconsistently, you may face significant liability if you suddenly enforce it against a long-serving employee without warning. Document your policies, communicate changes clearly, and apply rules consistently across all employees.
Read now →
Vacation Pay | Employment Standards | Ontario
Vacation Time and Vacation Pay in Ontario: What Every Employer Needs to Know
Vacation time and vacation pay are two separate entitlements under Ontario's Employment Standards Act, and confusing the two is one of the most common compliance mistakes employers make. Employees with less than five years of service are entitled to two weeks of vacation time and 4% vacation pay; those with five or more years are entitled to three weeks and 6%. Vacation pay must generally be paid in a lump sum before the employee takes their vacation — not simply accrued on each paycheque unless a written agreement is in place.
Employer Takeaway: Review your vacation policies and payroll practices now. Confirm you are tracking vacation time and vacation pay separately, that you have written agreements in place for any accrual arrangements, and that your payroll system increases vacation pay to 6% at the five-year mark.
Read now →
