Bill 155 2013

An Act to amend the Workplace Safety and Insurance Act, 1997 with respect to premium rates for persons who are deemed to be workers in the construction industry

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  The Workplace Safety and Insurance Act, 1997 is amended by adding the following section:

Premium rates - construction

   81.1  (1)  This section applies to the Board for the purposes of establishing rates under subsection 81 (3) that relate to employers carrying on business in construction.

Rates re deemed workers

   (2)  The Board shall ensure that the rate used to calculate the premium to be paid by an employer in respect of a person to whom the insurance plan applies pursuant to section 12.2 meets the following requirements:

    1.  During the five-year period that begins on the day this section comes into force, the rate must be one-third of the rate used to calculate the premium to be paid by the employer in respect of a worker to whom the insurance plan applies pursuant to section 11.

    2.  After the five-year period, the rate must meet the prescribed requirements, if any.

Recommendation by Board

   (3)  At least six months before the expiry of the five-year period, the Board shall make recommendations to the Lieutenant Governor in Council with respect to the rate referred to in subsection (2).

Regulations

   (4)  The Lieutenant Governor in Council may make regulations prescribing requirements for the purposes of paragraph 2 of subsection (2), having regard to the recommendations made by the Board under subsection (3).

Commencement

   2.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   3.  The short title of this Act is the Workplace Safety and Insurance Amendment Act (Premium Rates for Deemed Workers in Construction), 2013.

EXPLANATORY NOTE

The Bill amends the Workplace Safety and Insurance Act, 1997.  The amendments provide that the rate used to calculate the premium to be paid by employers in the construction industry in respect of independent operators, sole proprietors, partners in partnerships and executive officers of corporations must be one-third of the rate used to calculate the premium to be paid in respect of workers.  This requirement applies for a five-year period, following which the rate must meet any requirements prescribed by regulations.