Government pledges reform after injured workers and unions demand immediate legislative action
In a significant moment for Ontario's workers, the government has publicly committed to eliminating the age discrimination provisions in the province's workers' compensation system. But concrete details about when reform will happen remain conspicuously absent.
"Yes, we will" — The government commitment
During Question Period on Tuesday NDP MPP Lise Vaugeois pressed the government on the issue:
"Hundreds of thousands of Ontarians are working past age 65, including many in this legislature," Vaugeois said. "However, if workers are injured at work, their benefits from the WSIB are cut off simply because of their age. Will your government commit to eliminating the age discrimination section of the Workers Safety Insurance Act?"
Minister of Labour David Piccini responded: "Speaker, yes, we will. We support workers at all ages, and we're putting workers first to strengthen their protections through the WSIB."
When Vaugeois pressed for specifics on a timeline, Piccini's response was notably vague. "I wouldn't presume the will of the legislature as we head forward," he said, pivoting to the government's "Working for Workers" legislation instead of committing to a timeline.
The problem: A growing crisis
Claims from workers aged 63 and older have surged 279% since 1994, rising from 4,430 to 16,784. Meanwhile, Ontario now has more than 421,000 people over 65 in the workforce, including 164,000 over age 70.
The "Rights Don't Retire" report, released by the Injured Workers Community Legal Clinic and the Ontario Network of Injured Workers Groups, captures the contradiction:
"In Ontario today, people are working longer than ever before," the report states. "Many older adults stay in the workforce well past age 65. The law no longer requires anyone to retire at the age of 65. But the WSIB still acts as if it does."
The human toll
A man named Brian is profiled in the report. He was a mason with 40 years of experience and was injured at age 63 in July 2021 when he fell 2.5 metres from a scaffold. After receiving WSIB-funded retraining to become a mortgage agent, his loss of earnings benefits were cut off two years post-injury — before he completed his retraining.
"The WSIB decision to terminate Brian's LOE benefits and end his retraining is unethical and immoral," the report states. "What Brian did expect to receive was LOE benefits and retraining until he was recovered, retrained and capable of working again." He has been without employment income since July 2023.
The WSIB's response
The WSIB issued a statement acknowledging its broader role:
"The WSIB is here to help people injured at work regardless of their age. We provide people with health care benefits as long as required for the work-related injury and if someone suffers a permanent impairment as a result of a work-related injury/disease, they are entitled to a non-economic loss (NEL) benefit based on the degree of their permanent impairment regardless of their age at the time of the injury.
"Rules regarding entitlement to benefits related to a person's age are set out in the Workplace Safety and Insurance Act. Because any changes would require legislation, the Ministry of Labour, Immigration, Training and Skills Development is best positioned to comment on those issues."
However, advocates note that while the WSIB provides healthcare and non-economic loss benefits regardless of age, the critical gap is loss of earnings (LOE) benefits — the income replacement workers need while recovering. Those are what get cut off at age 65.
What change could look like
"Section 43(1)(c) of the WSIA clearly creates a distinction based on age, since it ends income protection for injured workers solely because of their age," the report argues.
On affordability, "The WSIB achieved a fully funded position (over 100%) in 2018 and has maintained it since then," and "average employer premium rates dropped from $2.35 in 2018 to $1.23 in 2026."
"An Ontario-made approach could end compensation at the later of: age 70 for workers under 65 at injury; 5 years after injury for workers 65 and older; or a later date if the Board determines the worker would have worked longer," the report proposes.
Several MPPs from all parties attended Tuesday’s lobby day and press conference at Queen's Park, with representatives from 12 unions and injured workers' groups participating.
Next steps remain unclear
The government's commitment without a timeline is a partial victory at best. Advocates are waiting to see whether WSIB age discrimination reform will appear in the next "Working for Workers" legislative package — and when.
The report urges that any legislative changes should be retroactive to December 2006, when mandatory retirement was abolished — providing relief to hundreds currently denied benefits.
