Construction workers who are owed wages from Ontario-based employers now have a chance to share their stories with provincial government officials. The Ministry of Labour, Immigration, Training and Skills Development is conducting a public consultation in an effort to gauge the prevalence of non-payment across a vast array of non-unionized job sites and consider whether contractors should be held responsible for subcontractors’ larceny.

Industry stakeholders, including workers, contractors and subcontractors, are invited to respond to a discussion paper and questions currently posted on Ontario’s regulatory registry. Participants’ input will be factored into potential future amendments to the provincial Employment Standards Act that could create new liability requirements for contractors when non-unionized workers engaged by subcontractors are not paid for their services.

“The Ministry is considering that the subcontractor (i.e. the direct employer) would continue to be responsible for the payment of wages to their employees. However, should the subcontractor fail to pay wages, liability of those payments would flow up the chain to the contractor who has engaged the services of the subcontractor in the construction industry,” the discussion paper states.

Consultation questions delve into workers’ experiences and solicit opinions about the potential administrative requirements, costs and consequences for contractors and the broader construction industry. As well, it asks for insight on how such an amendment might interact with Construction Act’s processes for construction law disputes and any potential implications for unionized workers. However, in the latter case, the proposal would not directly affect unionized workers, who are required to address non-payment via their unions’ grievance processes.

The consultation is open for comments until Feb. 2, 2026.