Penalties

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Additional costs you could incur
The Workplace Safety and Insurance Board (WSIB) may levy penalties for various offences, including:

  • failing to comply with the requirement to register for mandatory coverage in construction
  • failing to register your business within 10 days of hiring your first worker
  • failing to get a clearance certificate, and keeping all clearance certificates for three years
  • failing to report an accident
  • not reporting, or incorrectly reporting, your premium information
  • underestimating your earnings
  • knowingly making a false or misleading statement to the WSIB
  • wilfully failing to inform the WSIB of a material change in circumstances, and
  • contravening rules regarding the disclosure of confidential information

If found guilty under the Provincial Offences Act, individuals may be fined up to $25,000 and/or imprisoned for up to six months for each offence. Corporations are liable to a fine of up to $100,000 for each offence.

From January 1, 2013 through December 31, 2013 the WSIB will waive penalties for construction employers, and will not lay charges under the Provincial Offences Act, for failing to register with the WSIB, or for failing to meet the clearance certificate requirements. Penalties for these offences will come into effect on January 1, 2014. In the meantime, retroactive premium assessments and interest to an employer’s account will continue to be applied throughout 2013 as individuals are still expected to meet their obligations under the Workplace Safety and Insurance Act (WSIA). The WSIB will also continue to prosecute individuals who make false or misleading statements to the WSIB.

Employers who are found in breach of their work reintegration (WR) and/or re-employment obligations are also subject to additional financial penalties.

Other possible adjustments to an employer’s account
The WSIB may also make an adjustment to an employer’s account if, following an audit of a principal, the WSIB discovers that the principal failed to get a clearance certificate for a contractor or a subcontractor. In such a case, the principal may be liable for some or all of the subcontractor’s payment obligations to the WSIB.

The WSIB also charges interest for non-compliance regarding any/all WSIA obligations.