Conditions when WSIB will cancel an employer’s voluntary by-application insurance
Background – does this apply to your firm?
The law that governs the Ontario workplace safety and insurance system - Workplace Safety and Insurance Act (WSIA) - does not automatically include the entire Ontario workforce. This means that not all workers are automatically covered by the WSIA`, and not all employers are obligated to register with us.
When coverage is not mandatory for a particular industry or business, those employers may voluntarily apply to the WSIB for insurance coverage for their workers. This is called by-application coverage.
By-application employers who purchase workplace safety and insurance coverage for their employees have the same rights and responsibilities as employers who must have mandatory coverage by law. However, if by-application employers fail in their responsibilities to report insurable earnings and pay premiums, they are at risk of having the WSIB cancel the coverage.
WSIB policy indicates that voluntary “Employer by Application” coverage will be cancelled under the situations described below.
Cancellation of by-application coverage
When an employer exhibits a pattern of not meeting its reporting and payment obligations, the WSIB will take steps to cancel this insurance coverage, for example:
- Premiums or other payments are overdue
- The Reconciliation Form has not been filed
- The WSIB has issued more than one provisional premium
- The WSIB discovers that the employer’s reporting obligation has stopped (i.e., the business has terminated, is in bankruptcy or receivership, or is no longer employing workers)
- The employer cannot be located
- Mail is returned to the WSIB and no alternative address can be obtained.
Departure premium due upon cancellation of coverage
When the WSIB closes an account, we calculate and charge a departure premium. This represents the employer’s proportionate share of the unfunded liability.
For more information
If you are not sure about your company’s reporting and payment obligations, or have any questions about your insurance coverage, contact your account representative, who will be pleased to help you.
To apply for coverage
If you are an employer and wish to apply for by-application coverage, please complete and submit Form 0090, Employer By Application. | | |