The Ontario government has introduced legislation that will,
among other things, quintuple the maximum fine against corporations
for violating the Workplace Safety & Insurance Act,
Ontario's workers' compensation act.
The Employment and Labour Statute Law Amendment Act,
2015 will, if passed, amend the Workplace Safety &
Insurance Act to:
Increase the maximum fine for companies that violate the
Workplace Safety & Insurance Act from $100,000 to
$500,000 (including for offences such as knowingly making a false
or misleading statement to the WSIB)
Make it illegal for employers to try to prevent workers from
– or punish them for – reporting a workplace
injury or illness to the WSIB
Allow WSIB survivor benefits to be calculated based on the
average earnings, at the time of diagnosis, of the deceased
worker's occupation rather than the current legislated
The $500,000 maximum fine will equal the maximum fine for
violations of the Ontario Occupational Health and Safety
Act. After the Bill has been passed, we will need to
wait for some court decisions to see whether judges and justices of
the peace hand down larger fines.
Unlike OHSA fines, which tend to result from serious workplace
injuries, WSIA fines are typically for violations such as failing
to register with the WSIB when required, failing to report a
worker's injury to the WSIB, or providing false information to
the WSIB. The WSIB's conviction reports show that recent fines
against corporations under the Workplace Safety & Insurance
Act have been in the range of $2,500 to $25,000.
A press release from the Ontario government announcing the
changes can be found here.
Dentons is a global firm driven to provide you with the
competitive edge in an increasingly complex and interconnected
marketplace. We were formed by the March 2013 combination of
international law firm Salans LLP, Canadian law firm Fraser Milner
Casgrain LLP (FMC) and international law firm SNR Denton.
Dentons is built on the solid foundations of three highly
regarded law firms. Each built its outstanding reputation and
valued clientele by responding to the local, regional and national
needs of a broad spectrum of clients of all sizes –
individuals; entrepreneurs; small businesses and start-ups; local,
regional and national governments and government agencies; and
mid-sized and larger private and public corporations, including
international and global entities.
Now clients benefit from more than 2,500 lawyers and
professionals in 79 locations in 52 countries across Africa, Asia
Pacific, Canada, Central Asia, Europe, the Middle East, Russia and
the CIS, the UK and the US who are committed to challenging the
status quo to offer creative, actionable business and legal
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances. Specific Questions relating to
this article should be addressed directly to the author.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
On Thursday, September 22, 2016, Dentons hosted a panel discussion about the management of liabilities and risks associated with environmental crises, including potential liabilities for directors and officers and provided insight into risk and liability techniques associated with environmental crisis management.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).