If you work in construction, the rules for who must have WSIB coverage have changed.

WSIB Mandatory Coverage in Effect

Starting 2013, mandatory WSIB coverage for employers and workers in construction takes effect. Failure to comply with the new legislation is an offence. However, for the first year WSIB won’t be prosecuting offences related to registration and clearances obligations under Bill 119. In 2013, WSIB is focusing on education and awareness. If WSIB becomes aware that someone isn’t in compliance, they will make sure they understand their responsibility to register. Premiums are calculated starting on January 1, 2013 and companies are required to pay premiums for the entire 2013 year.

In 2014 WSIB can still prosecute employers for outstanding 2013 premiums.

Please refer to the following categories to ensure you are in compliance.

IF YOU ARE AN EXECUTIVE OFFICER “NOT ON THE TOOLS”:

Executive Officers are commonly known as the President, Vice-President, Chief Executive Officer, Chief Operating Officer, or Secretary. WSIB has exempted one executive officer per firm that does not engage in any construction work. i.e. “not on the tools”

WSIB considers construction work as any manual work of a skilled or unskilled nature, the operation of equipment or machinery, or the direct on-site supervision of workers. Periodic site visits are permitted provided the partner or executive is not performing construction work on the site. i.e. “not on the tools”

Details about the exemption for one executive officer or partner:

Exemptions are not automatic. To receive the exemption, the partner or executive officer will have to complete a WSIB request form.

Independent operators and sole proprietors (with workers) do not qualify for this exemption.

OTHER EXECUTIVE OFFICERS “NOT ON THE TOOLS”:

Other executive officers that are “not on the tools” in the same firm that do not receive the exemption are classified under a lower rate group (755), which is substantially lower compared to construction workers.

IF YOU ARE A HOME RENOVATOR – RENOVATOR EXEMPTION:

Home renovators must work exclusively in home renovation and work directly for the homeowner, meaning occupant or a member of their family and are paid directly by the homeowner, meaning occupant or a member of their family are not required to have coverage for themselves.

You still must have WSIB coverage for your workers, but as an owner, you are not required to have coverage for yourself.

You can apply for optional insurance coverage with WSIB.

IF YOU ARE AN INDEPENDENT OPERATOR:

An independent operator is someone that does not employ any workers, reports as self-employed to Canada Revenue Agency and is retained as a contractor by more than one person during an 18 month period. Then you will need to be registered starting January 1, 2013.

For more details visit www.beregisteredbeready.ca

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