Provincial Reforms Shake Up Worker’s Compensation in Ontario and British Columbia

Human Resources Legislative Update Worker’s Compensation Updates for Ontario and British Columbia

Ontario

The Workplace Safety and Insurance Board (WSIB) in Ontario has recently implemented changes to accident reporting timelines and the determination of average earnings for apprentices. These changes, outlined in Operational Policy Manual 15-01-02 and Operational Policy Manual 11-02-01, align with the legislated requirement for businesses to notify the WSIB of an accident within three business days of learning of their reporting obligation. Previously, businesses were given seven business days to submit their accident reports, allowing for potential postal delays. However, with the majority of businesses now submitting reports electronically, the additional time was deemed unnecessary.

Moreover, Bill 46, the Less Red Tape, Stronger Ontario Act of 2023, has amended the Workplace Safety and Insurance Act of 1997 to specify that an apprentice’s average earnings should be equal to the average earnings of a journeyperson in the same trade. The changes have been incorporated into Operational Policy Manual 18-02-08.

British Columbia

WorkSafeBC in British Columbia has announced new guidance regarding return-to-work requirements, which will be enforced starting from January 1, 2024. Bill 41, the Workers Compensation Amendment Act (No. 2) of 2022, has introduced two new duties for workers and employers:

1. The duty to cooperate will apply to all workers and employers and will require them to cooperate with each other and WorkSafeBC to facilitate a timely and safe return-to-work outcome.
2. The duty to maintain the employment of an injured worker will be applicable to employers who regularly employ 20 or more workers and have employed the injured worker for a continuous period of at least 12 months prior to the injury. The employer must ensure that the worker’s employment is consistent with their fitness to work.

WorkSafeBC has published guidance for both workers and employers on these new duties.

Editorial and Advice

These recent updates to worker’s compensation in Ontario and British Columbia reflect the ongoing efforts to ensure the safety and well-being of employees in the workplace. By aligning accident reporting timelines with current electronic submission methods, the WSIB aims to streamline the reporting process and enhance efficiency.

Similarly, the changes to apprentices’ average earnings in Ontario demonstrate a commitment to fair compensation and recognition of the apprentice’s journey towards becoming a skilled journeyperson. By equating their earnings with those of experienced professionals, the legislation aims to provide a more equitable system for apprentices to thrive in.

In British Columbia, the new duties for workers and employers emphasize the importance of collaboration and support in facilitating a successful return-to-work process. By mandating cooperation and maintaining the employment of injured workers, employers are encouraged to play an active role in their employees’ recovery and well-being. This not only helps injured workers regain their productivity and self-worth but also fosters a culture of empathy and inclusivity within the workplace.

To ensure a smooth transition and compliance with these changes, it is recommended that employers in Ontario and British Columbia familiarize themselves with the updated policies and guidance provided by the WSIB and WorkSafeBC, respectively. Employers should also consult with legal professionals specializing in employment law to fully understand their obligations and rights under the new legislations. Seeking legal advice in these matters will help employers navigate the complexities of worker’s compensation and ensure they are meeting all legal requirements to safeguard their employees’ well-being.

Ultimately, these legislative updates are aimed at promoting a safe and supportive working environment for employees in Ontario and British Columbia. By staying informed and proactive, employers can actively contribute to the well-being and success of their workforce while also complying with the evolving legal framework for worker’s compensation.