New WSIB policies concerning mandatory coverage in the construction industry under Bill 119
By Kevin MacNeill
The Workplace Safety and Insurance Board (“WSIB”) has just published a host of new policies dealing with mandatory coverage in the construction industry pursuant to Bill 119.
Some of these are new policies :
12-01-06, Expanded Compulsory Coverage in the Construction Industry
14-02-18, Insurable Earnings – Construction
14-02-19, Clearance Certificate in Construction
22-01-10, Offences and Penalties – For Compulsory Coverage in Construction
Others are housekeeping amendments to existing policies to support mandatory coverage in the construction industry. For a full list of these revised policies, follow this link.
Of particular note is policy 22-01-10, which provides for a transitional grace period. Under this policy:
From January 1, 2013, up to and including December 31, 2013, the WSIB will waive penalties and/or refrain from investigating and/or laying applicable provincial offences charges when an employer or individual is non-compliant with respect to their obligations associated with the Expanded Compulsory Coverage in Construction requirements. Specifically, this pertains to the registration and clearance certificate obligations under s 12.3(1) (2) (3) and 141.2(2) (5) (6) (7) (8) (9) of the Workplace Safety and Insurance Act, 1997 (WSIA).
If the WSIB becomes aware that an employer or individual has engaged in non-compliance with respect to these obligations, the WSIB will not prosecute and will contact the parties to create awareness and educate in order for them to fulfill their obligations under the WSIA.
The WSIB will, however, pursue employers and individuals who knowingly make false or misleading statements or representations to the WSIB. If an employer or individual commits an offence under subsections 149(4.1), (4.2), (4.3) of the WSIA, the WSIB will take all appropriate action.
The policy clarifies that although the above-noted offences will not be prosecuted during the grace period, employers and individuals are still expected to meet their obligations under the WSIA.
Further, the WSIB “may still make adjustments to an employer’s account(s) and charge interest for non-compliance regarding an employer’s obligations under the WSIA”.