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 minimum

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.