WHMIS and Working for Workers Acts: What’s new
Keeping up with developing legislation can feel like a full-time job on its own, especially when it comes to implementing new requirements before deadlines and transition periods end. In this expert-led webinar, WHMIS and Working for Workers Acts: Upcoming Deadlines, our Lead HR Consultant, Kim M., addressed important questions from HR professionals about managing legislative requirements that impact jurisdictions across Canada. Discover tips that help simplify compliance, avoid costly mistakes, and help create a safer workplace. Catch it all in the webinar replay video below.
Expert Q&A: WHMIS and Working for Workers Acts
[Adapted from webinar transcript]
Alex: Today, we’ve got one of our HR experts with us to answer your questions about the upcoming deadlines for both WHMIS, which applies nationwide, and the Working for Workers Acts in Ontario. Even if you’re not in Ontario, many of these legislative changes may be coming to your province or territory, so it’s always great to get familiar with them early. Kim, why don’t you introduce yourself and let us know what we can expect to hear about today?
Kim: Hi! Thanks, Alex, and hello, everyone. As a lead HR consultant with Citation Canada, a big part of what I do is help employers make sense of HR and compliance changes, especially when new legislation creates fresh obligations or gaps in your current processes.
My job is to take what’s in the legislation and turn it into clear, practical guidance so you know not only what the law says, but how to put it into practice in your workplace. Although this is an Ask Me Anything–style webinar, because there’s a lot happening lately legislatively, we’re going to focus mainly on three areas.
First, we’re going to look at Ontario’s Working for Workers Acts, specifically the requirements that are going to take effect January 1, 2026. These include the new requirements related to publicly advertised job postings and washroom cleaning records.
And then, while it’s not technically part of the Working for Workers Acts, we’re going to speak about the amendments to WHMIS and the transition deadline that ends on December 14 of this year.
Alex: Thanks, Kim. So, like I said, lots to cover. Let’s get right into our first question, which is on the topic of new job posting requirements. The question is: We already have public job postings up before January 1, 2026. If we have more than 25 employees, do we have to update them on January 1?
Kim: No, the requirements apply to publicly advertised job postings that are posted on or after January 1, 2026. This rule is specifically for employers with more than 25 employees. However, if you renew or repost that same job after that date, you should treat it as a new posting and ensure it complies with the new requirements.
Alex: What documents do we need to keep for these new job posting rules, and for how long?
Kim: Employers must retain copies of each publicly available job posting for three years after the posting is no longer available. You also have to retain copies of any notices you’ve provided to applicants interviewed, informing them whether the position has been filled. Those must also be kept for three years after the notice is provided to the individual.
Alex: If we use recruiters or job platforms to post our jobs, who is responsible for complying with these new rules?
Kim: Even if you use an external recruiter, Ontario’s Employment Standards Act (ESA) treats your organization as the employer, and the compliance obligation stays with you. Third parties can assist with drafting or posting the advertisement, but they are acting on your behalf. If a noncompliant posting goes out, the liability doesn’t shift to those partners. For that reason, you should make sure that you review and approve any posting before it gets published.
Alex: We’re based in Ontario but often advertise jobs located in other provinces. Do we still have to post a compensation range?
Kim: The new requirement applies to jobs that are advertised where the position is to be performed in Ontario. It also applies to jobs that involve work performed both inside and outside Ontario if the work outside Ontario is a continuation of the work in Ontario. Again, remember that the new requirements for publicly advertised job postings only apply to employers with 25 or more employees at the time the job posting is posted.
It’s also important to be aware that other jurisdictions, like British Columbia, have similar legislative requirements to state compensation ranges on publicly advertised job postings. This is becoming the rule, not the exception.
Alex: You’ve mentioned “publicly advertised postings” a few times. Do these new requirements apply to internal job postings?
Kim: No, the new requirements apply only to publicly advertised job postings. Your internal job postings, limited to your existing employees, are not subject to these requirements. Of course, if you decide to post the job later publicly, you must update the posting to comply with your legislative requirements.
Alex: To attract a new hire, we may need to offer a salary that is higher than what we are currently paying others in the role. How do we avoid issues with current employees seeing the posting?
Kim: First, remember that you can post a range, so current employees won’t know the exact offer number. When employees do notice a higher range, keep the focus on the role, not the individual. Pay ranges are designed around the job and current market conditions. If someone asks, it’s fair to acknowledge the question and reinforce that your internal pay decisions still follow the same factors: experience, performance, and level of responsibility. Also, keep an eye on internal equity. If the posted range is noticeably higher than what your existing employees in similar roles are earning, perhaps take that as a prompt to review those salaries.
Alex: And if we use salary grids or bands, do we have to publish those?
Kim: You are not legally required to post or disclose your salary grids or compensation bands. You only need to include the expected compensation or range of expected compensation for that specific position you’re hiring for.
Alex: If we don’t have salary bands, how do you pick a range?
Kim: You can start by getting clear on the role, duties, and skills needed. Look at your budget and what you already pay for similar roles to find an anchor point. Then, look externally at job postings in your region and sector to validate that number. The applicants you attract will also tell you if your range is competitive. From there, build a range around your target, and do a final internal equity check to ensure it fits with your current team.
Alex: Do commissions, bonuses, or tips count towards the compensation range?
Kim: It depends. Commissions that are part of the role’s pay structure do count. For bonuses, it depends on whether they are discretionary. A truly discretionary bonus, not promised in an employment contract or tied to specific targets, is not included. However, nondiscretionary bonuses linked to performance or sales targets are considered wages and must be included. Tips and gratuities are not considered wages under the ESA and do not need to be included.
Alex: What about disclosing the use of artificial intelligence (AI) in job postings? What do we need to say?
Kim: The definition of AI is broad. If a tool is helping you decide who moves forward in the recruitment process, it likely counts as AI. While the government hasn’t provided guidance on what information should or must be included in the statement regarding AI, we suggest employers add a statement to their job postings explaining how and at what stage AI is used in their recruitment process, whether for screening, assessment, or selection.
Alex: If we can’t include any requirements related to Canadian experience in the job postings, can we ask about it in interviews?
Kim: No, you should not use “Canadian experience” as a criterion in your hiring decisions, either in the posting or the interview. Instead, focus on what you actually need for the role. Ask about relevant work experience, responsibilities, and results, regardless of where that experience was gained. You can and should still confirm that a candidate is legally entitled to work in Canada.
Alex: What counts as an “interview” for the duty to notify applicants? Is a preliminary screen the same thing as an interview?
Kim: An interview is defined as a conversation where you ask questions to assess a candidate’s suitability for a position. Preliminary screenings, like reviewing applications or using basic screening questions on a platform before inviting someone to a meeting, do not count as an interview. If you’re talking with a person to judge whether they’re a good fit for the position, you should treat it as an interview.
Alex: Let’s move on to the new washroom cleaning record requirements before we get into WHMIS. If our washrooms are cleaned by a contractor, are we still responsible for ensuring the new recordkeeping requirement is met?
Kim: Yes, even if you use a cleaning company, you’re still the employer under the ESA. It’s similar to using a recruiter; the responsibility for meeting the cleaning and recordkeeping requirements still sits with you. In practice, this means building it into how you work with your contractor. Make sure they understand what has to be cleaned, how often, and what needs to be recorded. You might want to give them something like our washroom cleaning record form for tracking, and be clear about where it needs to be posted.
Alex: Perfect. Now we’ll get into those WHMIS changes. First question: What are the key changes to WHMIS, and when is the deadline for employers to comply?
Kim: The WHMIS rules were updated in December 2022, and employers have until December 14 of this year to fully transition. Rather than using the technical jargon, here’s what’s changed in plain terms:
- There’s a new hazard category for chemicals stored under pressure.
- The aerosols section has been reorganized, including a new non-flammable category.
- A very specific gas category, pyrophoric gases, was removed as its own class and moved under the broader “flammable gases.”
- A big one is the updated supplier rules for labels, safety data sheets (SDSs), and classifications.
So while the core WHMIS framework is the same, the hazard classes and labels have changed, and you need to be fully aligned with those starting December 15.
Alex: What do we need to do to comply with the WHMIS changes?
Kim: The practical steps are to start by identifying which products in your workplace fall under the updated hazards. Then, update your WHMIS binders, access, labels, and inventory as your new SDSs and supplier labels arrive. Make sure your workers complete updated WHMIS training that reflects the updated requirements. The amended system will now simply be referred to as “WHMIS,” so keep an eye out for training that includes the most recent amendments. Also, update your site-specific and job-specific training to line up with the new classifications and label formats. The big picture is that compliance isn’t about starting from scratch but updating your product lists, documents, and training.
Alex: Is it mandatory to do the new WHMIS training if new hires just completed the previous version last month?
Kim: The short answer is they will still need the updated WHMIS training at least once. The training they took was based on the pre-amendment version. Because of the significant changes, workers need to complete the full WHMIS course that reflects the amended requirements before the deadline. Once that full course is completed, you can use refresher versions moving forward.
Alex: What is site- and job-specific WHMIS training, and what does it need to include?
Kim: WHMIS training has two parts: the general education course (e-learning or classroom) and the hands-on, job-specific training. That second part is where we sometimes fall short, and it’s the one that keeps people safest from day to day. This training is about your actual workplace and products, not generic examples. It should cover the specific hazards people are using, handling, storing, or disposing of at your workplace or worksite, how to do it step by step, any special procedures for certain locations, the required personal protective equipment for each product, and what to do in an emergency involving a hazardous product.
Alex: If we have all remote employees in administrative roles, how will the WHMIS changes affect them?
Kim: WHMIS requirements apply based on whether an employee might be exposed to hazardous products as part of their work, not where they are. For fully administrative employees who don’t work with hazardous products, the impact is minimal. They may not require WHMIS training unless they use or store hazardous products in their home workspace (for example, an employer-provided cleaner), their role involves reviewing SDSs (like in HR or procurement), or they have occasional onsite duties involving hazardous products. If they fall into any of those categories, they’ll need the updated training.
Alex: If an employee is working from home, do all household products with hazard symbols in their home office count as a hazardous product under WHMIS?
Kim: Not necessarily. Most products you buy at a grocery or hardware store are classified as “consumer chemical products” and fall under different regulations, not WHMIS. That said, if a household product is being used for work purposes, it becomes part of your workplace health and safety picture. You don’t need a full SDS binder for every bottle of glass cleaner, but you do need to ensure employees understand the basic hazards, label warnings, how to use and store it safely, and what to do in an emergency involving the hazardous product.
Alex: Just to confirm, what is the date that employees have to take the updated WHMIS training by?
Kim: There is a three-year transition period, so they must be compliant by December 15, 2025, transition deadline. Employees need to complete the training by midnight on December 14.
Getting ahead of the latest legislation doesn’t have to be another time-consuming project for your HR team
With our user-friendly, innovative HR software and team of HR advisors and consultants on your side, navigating new workplace compliance requirements is simple. Legislation similar to Ontario’s Working for Workers Acts is expected to be introduced and passed across Canada’s 14 jurisdictions in the new future. Staying informed about these updates is just the first step. Together, we can help your HR team get ahead—and stay ahead—so they can focus on what matters most: your workers.
Watch the webinar video replay here.
See why thousands of Canadian organizations trust our innovative HR and health and safety solutions
- Expert-backed documents: Access an HR content library with hundreds of HR templates, including WHMIS documentation, pay transparency policies, and more for every Canadian jurisdiction.
- Up-to-date online training courses: Our online learning management system (LMS) offers over 240 regularly updated courses that help every employee understand their roles and responsibilities regarding WHMIS and the effects of the Working for Workers Acts.
- Live support from Canadian HR and health and safety professionals: Whether you need answers about the specifics around developing a new health and safety program, pay transparency, or anything else, our team of HR advisors and health and safety consultants are there to provide trusted guidance on any HR or OHS project.