Since the Ontario Liberal government amended the Workplace Safety Insurance Act ("WSIA") in April, there has been some confusion about who bears the responsibility for workplace injuries to temporary agency workers: the agency, or its client employer.
On April 6, 2018, the Liberals amended the WSIA to include the new section 83(4), which allows the Lieutenant Governor in Council to make regulations imposing the responsibilities and costs of an injury suffered by a temporary help agency worker on the agency's client employer. This has led some to assume that clients of temporary help agencies are now responsible for the costs of such injuries for the purposes of the WSIA.
However, no regulation was ever enacted under section 83(4) prior to the June 2018 provincial election. The new Progressive Conservative government has not announced any intention to pass any such regulation.
In short, unless and until further regulations are passed by the new provincial government, temporary help agencies remain responsible for the costs of workplace accidents involving temporary help agency workers.
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.
