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ALERT / MAY 7, 2026
Québec implements occupational health and safety regime and other employment law reforms
7 MIN READ
Québec implemented several employment law reforms in late 2025. A major change includes a new occupational health and safety regime that took effect on 1 October 2025, requiring employers to implement a prevention program or action plan depending on establishment size. Other key changes took effect from 28 October 2025, including a new unpaid public health emergency leave and expanded unpaid reservist leave.
Background
The new occupational health and safety regime was implemented through amendments to the Act Respecting Occupational Health and Safety that took effect from 1 October 2025.
The other key changes that took effect on 28 October 2025 were introduced through amendments to the Act Respecting Labour Standards and the Act Respecting Occupational Health and Safety.
Key details
New occupational health and safety regime
Quebec passed the Act to Modernize the Occupational Health and Safety Regime (the “Act”) in 2021, expanding health and safety obligations beyond traditionally high-risk industries.
Prior to the Act, only employers in certain high-risk sectors were required to maintain formal prevention programs. An interim regime under the Act took effect from 6 April 2022, which retained those existing obligations for employers in high-risk sectors and imposed new obligations on employers in all other sectors based on employee count, as follows:
Establishments with 20 or more employees were required to record the identification and analysis of risks that may affect workers' health and safety, establish a health and safety committee, and designate at least one health and safety representative.
Establishments with fewer than 20 employees were required to record the identification of risks that may affect workers' health and safety and designate a liaison officer.
Under the new permanent regime that took effect from 1 October 2025, employer obligations are now determined solely by the number of employees in the establishment, regardless of industry. Those existing obligations in high-risk sectors are no longer separately categorized; high-risk industries are now subject to the same rules that apply to all industries. The permanent regime also expands on the interim requirements by imposing fuller and more structured obligations, including the implementation of prevention programs or action plans.
Prevention programs and action plans
Effective 1 October 2025, establishments with 20 or more employees are now required to implement a prevention program, which must:
Identify and analyze risks that may affect employees’ health, including chemical, biological, physical, ergonomic and psychosocial risks, and other risks related to their safety.
Include measures and priorities for action to eliminate these risks or, if elimination is not possible, to control them, as well as monitoring, evaluation, maintenance, and follow-up measures.
Identify personal protective equipment and maintain a register of dangerous substances used and contaminants that may be emitted.
Include pre-employment and in-service health examinations required by any applicable regulations.
Include occupational health and safety training and information programs.
Maintain an adequate first aid service to respond to emergencies.
Establishments with fewer than 20 employees are now required to implement a simplified action plan, which must:
Identify risks that may affect employees’ health, including chemical, biological, physical, ergonomic and psychosocial risks, and other risks related to their safety.
Include measures and priorities for action to eliminate these risks or, if elimination is not possible, to control them, as well as monitoring and maintenance measures.
Identify personal protective equipment.
Include occupational health and safety training and information.
Employers have one year to prepare and implement their prevention program or action plan, once they become subject to that requirement. Thereafter, the program or plan must be updated annually.
Employers who have implemented a prevention program must submit a report to the Commission on Standards, Equity, Health and Safety at Work (CNESST) every three years, setting out priorities for action, progress, and follow-up on risk elimination and control measures.
Health and safety committees, representatives and liaison officers
Establishments with 20 employees or more must establish a health and safety committee. The employer and employees may agree on the number of employee representatives and the employer must appoint at least one employer representative, with the option to appoint as many as there are employee representatives. The committee’s functions are extensive, including participation in the preparation, updating, and follow-up of the prevention program and making recommendations. At least one health and safety representative must be designated from among the employee representatives to inspect workplaces and make recommendations to the committee.
Employees in establishments with fewer than 20 employees must appoint an employee as a health and safety liaison officer, whose primary role is to facilitate the communication of health and safety information between the employer and employees. The officer also participates in the preparation and implementation of the action plan and making recommendations.
All health and safety committee members, health and safety representatives, and health and safety liaison officers must undergo training, which is mandated and funded by CNESST. More information on the new requirements, as well as how they differ from the former regime, may be found on CNESST’s website here (opens a new window).
Public health emergency leave
From 28 October 2025, employees are entitled to a new unpaid job-protected emergency leave if they are unable to work due to orders, directions, or decisions issued under the Public Health Act, the Quarantine Act, the Emergencies Act, or the Act Respecting Civil Protection to Promote Disaster Resilience. While no maximum duration for this leave has been specified, the employee is required to take reasonable action within their power to limit the duration.
The employee must notify the employer of the absence as soon as possible. When warranted, employers may request supporting documentation to the reasons for the leave, such as in cases of extended duration. However, employers cannot request a medical certificate for this leave.
Expanded reservist leave
From 28 October 2025, unpaid reservist leave for Canadian Forces reservists has been expanded as follows:
The period of uninterrupted employment to qualify for leave to participate in Canadian Forces operations outside Canada has been reduced from 12 to three months.
Reservist leave is now available for treatment, rehabilitation, or recovery for military service-related physical or mental health problems.
Previously, an employee who had taken reservist leave for more than 12 weeks was not permitted to take another period of reservist leave for 12 months after returning to work. This has now been replaced by a new provision that an employee may take reservist leave for up to 24 months within a 60-month period.
Reimbursement for salary paid to reassigned pregnant or breastfeeding employees
Under the Act Respecting Occupational Health and Safety, a pregnant employee may request reassignment to another position if her working conditions are physically dangerous for the unborn child or for herself. A breastfeeding employee may also request reassignment if her working conditions are physically dangerous for her breastfed child.
Employers must maintain the employee’s regular salary, even if the reassigned position is lower-paid. A new provision now enables employers to seek reimbursement from CNESST for the salary difference when reassigned duties are paid at a lower rate. More details may be found on CNESST’s website here (opens a new window).
Employer action: ACT
Employers should review and update their policies, practices, procedures, employment contracts, and collective agreements, as needed, to reflect the changes.
In particular, employers should assess if their existing occupational health and safety mechanisms match the new requirements based on their establishment size and make any necessary changes to ensure compliance within the prescribed timeline (generally one year from 1 October 2025, with specific exceptions that are set out in the implementing regulations here (opens a new window)).
Written in collaboration with:
Jessica Gobran
National Practice Leader, Disability Management (DM) Consulting
BFL CANADA Benefits (Lockton Global Partner)
jgobran@bflcanada.ca (opens a new window)
Further Information
Bill 101, An Act to improve certain labour laws | National Assembly of Québec (opens a new window)
Act respecting occupational health and safety | Légis Québec (opens a new window)
Act respecting labour standards | Légis Québec (opens a new window)
