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HR Compliance for Ontario Nonprofits in 2026: A Leadership Guide

This blog was contributed by HRCovered as part of an ongoing partnership with ONN. 

Your nonprofit exists to create meaningful change. But in 2026, Ontario’s evolving employment laws demand that you protect your mission just as fiercely as you pursue it. With key Employment Standards Act (ESA) changes that took place on January 1, including mandatory salary range disclosure, the ban on requiring “Canadian experience”, AI usage transparency in hiring, and more, the hiring rules for organizations with 25 or more employees have changed significantly.

These updates, combined with tougher enforcement under the Occupational Health and Safety Act (OHSA) and higher WSIB penalties, apply equally to nonprofits, regardless of charitable status or limited budgets.

Non-compliance is no longer just a risk; it’s a potential threat to funding, reputation, staff trust, and board liability. Yet staying ahead doesn’t have to be overwhelming.

To support Ontario nonprofits, we’ve created a FREE HR Compliance Bundle designed specifically for nonprofit employers.

What is HR Compliance

HR compliance means ensuring that your organization’s employment practices, policies, training, and postings meet legal requirements under Ontario and federal law (where applicable). This includes:

  • Employment standards (wages, hours, leaves, terminations)
  • Workplace health and safety obligations
  • Human rights and accessibility requirements
  • Pay equity and transparency
  • Privacy and record-keeping
  • Workplace insurance (WSIB)
  • Volunteer-related considerations and governance expectations

For nonprofits, compliance is often closely tied to board oversight, public accountability, and grant or funder requirements.

Why HR Compliance Is Important for Nonprofits

Ontario nonprofits face unique risks when HR compliance gaps arise:

  • Legal exposure: ESA, OHSA, and WSIB penalties can apply regardless of charitable status.
  • Funding impact: Many funders require confirmation of legal compliance.
  • Reputational risk: Public trust is critical in the nonprofit sector.
  • Operational disruption: Investigations, complaints, or claims divert focus from mission-driven work.
  • Board liability: Directors may face increased scrutiny where compliance failures occur.

Policies Ontario Nonprofits Must Have

Certain policies are legally required and must be kept current:

  • Health and Safety Policy
  • Workplace Violence and Harassment Policy
  • Human Rights and Anti-Discrimination Policy

Depending on size and structure, nonprofits may also need:

  • Accessibility Policy (AODA)
  • Pay Equity Policy
  • Pay Transparency Practices

Operational Policies That Support Compliance

While not always mandatory, the following policies help reduce risk and improve clarity:

  • Hours of Work and Overtime
  • Vacation and Leaves
  • Progressive Discipline
  • Appropriate Technology Use
  • Social Media Guidelines
  • Drug and Alcohol Policy

Mandatory Training Requirements

Ontario nonprofits must ensure staff receive required training, including:

  • Health and Safety Awareness (workers and supervisors)
  • Workplace Violence and Harassment
  • AODA (Accessibility for Ontarians with Disabilities) and Human Rights
  • WHMIS

Training records should be maintained and updated as roles change.

Required Workplace Postings

Ontario employers must post and make accessible:

  • Employment Standards Act (ESA)poster
  • WSIB Poster (if applicable)
  • Occupational Health and Safety Act (OHSA) materials, including the “Health & Safety at Work: Prevention Starts Here” poster, and more
  • Specific policies, such as your Health and Safety Policy, Workplace Violence Policy, and Workplace Harassment Policy (some of these depend on the size of your workplace)
  • Joint Health and Safety Committee information (if applicable)

Key Legislative Updates Affecting Ontario Nonprofits in 2026

Ontario’s Bill 30 introduced important amendments to employment, health and safety, and workplace insurance legislation. Several changes came into force in late 2025 and the rest took effect on January 1, 2026.

1. The “Big Shifts” in Hiring (Effective January 1, 2026)

If your nonprofit has 25 or more employees, your recruitment process must change immediately to meet new Employment Standards Act (ESA) requirements:

  • Salary Disclosure: You must include the expected compensation or a pay range in all public job postings.
  • The “Canadian Experience” Ban: You can no longer require “Canadian experience” in postings or applications. This is a critical shift for organizations seeking to improve Equity, Diversity, and Inclusion (EDI).
  • AI Disclosure: If you use Artificial Intelligence (AI) to recruit, screen, or select applicants, this must be explicitly stated in the posting.
  • Follow-up Mandate: You are now required to notify every candidate who was interviewed of the final hiring decision within 45 days.
  • Vacancy Status: Postings must state whether there is an actual vacancy or if you are simply collecting resumes for future needs.
  • Current Vacancy: Your job posting must specify whether the posting relates to an actual vacancy in your organization.
  • Record Retention: Companies must retain records for all public job postings for three years from the date of initial posting, including interview and screening records, etc. 

2. New Enforcement: On-the-Spot Fines

The days of receiving a “warning” or “order” from a health and safety inspector are over. Under the new OHSA Administrative Monetary Penalty (AMP) system, inspectors can issue on-the-spot fines for common violations.

Key Risk Areas for Nonprofits:

  • Missing Documentation: Outdated health and safety manuals or missing workplace posters.
  • Training Gaps: Failure to provide mandatory AODA, WHMIS, or Safety Awareness training.
  • Record-Keeping: Lack of cleaning logs (if applicable) or training certificates.

Note: Paid penalties prevent court prosecution but create a public record of non-compliance that can jeopardize government grants.

3. Workplace Safety & Insurance Board (WSIB) Updates

The Workplace Safety and Insurance Act (WSIA) has significantly increased the cost of non-compliance while addressing the use of defibrillators in the workplace:

  • Higher Penalties: Maximum fines for repeat offences have increased to $750,000 per count.
  • Accuracy is Mandatory: New penalties apply for inaccurate wage records or “false and misleading” statements regarding WSIB claims.
  • AED Reimbursement: Nonprofits operating larger facilities may now be eligible for WSIB reimbursement for purchasing Automated External Defibrillators (AEDs). The reimbursement program opened on January 1, 2026, and the last day to submit a reimbursement request is on July 31, 2027. AEDs purchased between July 1, 2025, and June 30, 2027, are eligible for reimbursement through the program.

Free HR Compliance Tools for Ontario Nonprofits

To help nonprofits stay compliant, we’ve developed the FREE Nonprofit HR Compliance Bundle tailored specifically for Ontario. These self-audit tools help identify gaps before they become costly issues.

What Should You Do Now?

  1. Audit Your Job Postings (if you have 25 or more employees): Update your 2026 job templates to include salary ranges, AI disclosures, vacancy information, and eliminate any mentions of Canadian experience.
  2. Verify Training: Ensure all staff have completed mandatory training (AODA, OHSA, Human Rights) and that you have their records on file and readily available.
  3. Secure Your Records: Confirm WSIB reporting and wage records are accurate and up to date.

Get the Support You Need from HR Covered

HR Covered specializes in helping mission-driven organizations stay compliant without the corporate price tag. We’ve supported over 200 Canadian nonprofits in navigating these exact legislative shifts.
Learn more at www.hrcovered.com or call 1-866-606-0149.

January 14, 2026 at 4:18 pm
ONN
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