Human Resources Legislative Update

WSIA Amendments Imposing Costs for Workplace Accidents on Clients of Temporary Help Agencies Still Awaiting Proclamation

Human Resources Legislative Update

WSIA Amendments Imposing Costs for Workplace Accidents on Clients of Temporary Help Agencies Still Awaiting Proclamation

Date: March 26, 2018

In 2014, the Workplace Safety and Insurance Act, 1997 (WSIA) was amended by Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014, to enact a broad regulation-making power with respect to injuries incurred by temporary help agency assignment employees who are injured while working for a client of the agency. Specifically, the injury and the accident costs would be attributed to the client of the agency for experience rating purposes (subsection 83(4)).

These amendments have not yet been proclaimed into force and are awaiting supporting regulations. It is anticipated that the regulations will provide guidance on the scope and application of the amendments.

We are monitoring the WSIA and will provide a further update on these amendments once the provision is proclaimed into force and the regulations are filed.

Editor’s Note March 29, 2018: Since this post was published, subsection 83(4) has been proclaimed into force effective April 6, 2018. Supporting regulations have not yet been filed.