This is a reminder that effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 (the ?Act?) will come into force to expand mandatory coverage requirements in the construction industry to include independent operators, sole proprietors, partners in a partnership, and executive officers in a corporation (subject to exemptions noted below).
The executive officers of a corporation to whom mandatory coverage will apply are those listed as officers in a corporation?s Articles of Incorporation and who physically attend at construction worksites, even if such attendance is limited.? Notwithstanding this, the WSIB reserves the right to determine who is an executive officer by examining factors related to the individual?s role and responsibilities.? However, as noted below, corporations will be able to exempt one executive officer from mandatory coverage.
Exemptions to mandatory coverage:
- One Executive Officer / Partner ? A partnership or corporation may elect one partner or executive officer, respectively, for exemption from coverage provided that the chosen partner or executive officer does not engage in any construction work.? Periodic site visits are permitted by the exempted individual, provided that the partner or executive officer is not performing construction work on the site.
- Home Renovations ? Independent operators, sole proprietors, partners, and executive officers who are engaged exclusively in home renovation work are exempt from compulsory coverage.
Some Executive Officers / Partners may already have private insurance coverage.? It would be prudent to determine the maximum coverage under such private insurance and compare it to the coverage provided by the WSIB to determine whether the appropriate insurance coverage has been obtained for each Executive Officer / Partner.
The WSIB has established a website devoted to informing business owners about the new mandatory coverage: www.BeRegisteredBeReady.ca
If you have any questions about how the new mandatory coverage will work, how these changes might affect your business, or any other questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale lawyer.
For more information on new developments in Workplace Law, please refer to our website at:
http://www.mathewsdinsdale.com/news-events/in-a-flash/
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