Actors, performers, technical crew members and production office staff, hired by motion picture, television, commercial or theatrical companies are not automatically covered by the WSIB unless the production/theatre company has voluntarily applied for coverage with the WSIB. See our policy on by-application coverage.
Production and theatre companies:
- can choose to include or exclude all of their actors and performers from WSIB insurance coverage when an application for coverage is made
- are required to include the earnings of all their technical crew members when reporting and paying premiums to the WSIB. Crew members may continue to invoice as sole proprietors or as incorporated companies. One-person technical crew members for example, sole proprietorships and incorporated companies, whether unionized or not, must be insured by the production/theatre company
- A crew member’s status with Canada Revenue Agency (CRA) has no bearing on whether they should be covered or not
We do not extend coverage to stunt persons, and/or any actors or performers who perform their own stunts as negotiated in their contracts
- We consider a stunt person to be a performer who is specially trained and knowledgeable in the engineering of, and the performance of, stunt work
- The term “stunt” relates to any activity that is not normally executed by the average person, or person without special training, and if performed incorrectly, would most likely result in bodily injury
Fast food delivery drivers
A fast food delivery driver is a person who:
- delivers food prepared by restaurant, fast food or catering businesses
- may work full or part-time, as permanent, contract, temporary or casual workers
- is paid directly by the restaurant, fast food or catering business they work for
Restaurant, fast food and catering businesses must insure the drivers and include their earnings (including cash) if they:
- identify the hours the driver works
- establish when and where the driver makes deliveries
- arrange for the driver to deliver the food and collect payment (cash/credit card) from customers
- require driving records to verify that the drivers are licensed and insured
It doesn’t matter what a person’s status is with Canada Revenue Agency (CRA). Delivery drivers hired and paid on contract may continue to invoice the business as sole proprietors or as incorporated companies, but this does not affect if the business must cover them with the WSIB or not.
For more information see our policy on reporting driver earnings to the WSIB.
Why must drivers be insured by the restaurant, fast food and catering business that directly pays them?
They must be insure because it’s the business that:
- offers delivery services to the public through advertising, on menus and in mailings, etc.
- delivers food as an integral part of the services it offers
- takes the orders from customers
- sets the price the customer pays
- pays the driver to deliver the food
- takes and resolves complaints about the delivery or quality of the food
Even though these drivers often use their own vehicles and pay all associated vehicle expenses, it does not mean they are entrepreneurs who assume the risk of running a business for profit.
Domestic employees are directly hired and paid by private households. They generally work in private homes or in residences of religious clerics and provide a variety of services to householders. This includes the following jobs:
- Babysitter or nanny
- cleaning person
- companion (except attendants – see below)
- handy person
When to get WSIB coverage
- If you have a domestic employee who works, on average, more than 24 hours per week for your household you must register with us within 10 calendar days of hiring them and fulfill your responsibilities to us.
- If you employ a domestic for 24 hours or less per week it is not mandatory for you to provide coverage, but the domestic employee may apply to the WSIB optional insurance
Sharing a domestic employee
You must get WSIB coverage for your shared domestic employee under a single account if the employee:
- works more than 24 hours per week, and
- works for more than one household, and
- for at least part of the time, they work for more than one household at the same time
- An attendant includes a companion who provides any form of physical or personal care such as grooming or bathing. These services may include domestic work as an incidental activity.
- A private individual who directly employs an attendant to provide personal or physical care to persons such as someone elderly, ill or who has special needs is not required to register with us, but they may choose to apply for coverage.
- If the private individual does not apply for coverage, attendants may apply for their own optional insurance coverage.
Working at a race track
If you work with horses at an Ontario racetrack, you can apply for workplace insurance for yourself and the people who work for you. It’s not mandatory, but the track may require you to get coverage so you can give them a clearance certificate.
If you choose to apply for coverage and you hire freelancers like grooms, hot walkers, exercise riders or casual labour, you are responsible for insuring them with us, and their pay – whether cash, cheque or room and board – counts as part of your insurable earnings.
- You may apply for coverage for your employees
- Trainers can apply for optional insurance for themselves, if they choose to. They must then meet all their responsibilities to us
- The WSIB does not cover anyone while they ride in a competitive race for a purse – for example, jockeys are not covered during races