Ontario's Workplace Safety and Insurance Board has issued a
new policy showing when the WSIB will punish – or show mercy
to – employers that are required to register with the WSIB
but have not done so.
The new policy took effect on February 1st, 2014. Not all
Ontario employers are required to register with the WSIB.
The policy provides that where an employer is legally-required
to register with WSIB but has not done so, while remaining
undiscovered by the WSIB, if the employer voluntarily contacts the
WSIB and discloses the non-compliance, the WSIB may (note
– not "will") waive penalties, refrain from laying
charges, and not require payment of retroactive WSIB premiums prior
to the "effective date of registration" (which is
considered to be the later of the date of the employer's first
hire or 12 months prior to the month in which the employer made
voluntary disclosure to the WSIB).
The policy states that the WSIB will, however, not show mercy on
employers who have been "identified" to the WSIB prior to
the employer's voluntary disclosure – whether by the
WSIB's own "proactive registration activities", or by
anonymous calls to the WSIB's ominous-sounding "Action
The moral of the story is that employers that may be required to
register with the WSIB and have not done so, should strongly
consider contacting the WSIB voluntarily in order to obtain the
benefit of the Voluntary Registration policy, and hopefully avoid
significant retroactive premiums and penalties.
The Voluntary Registration Policy may be found here.
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