PERSONAL INFORMATION BANKS:
Asbestos Injuries Workers Master Files
| Title | Asbestos Injuries Workers Master Files |
|---|---|
| Type | Personal Information Bank |
| Description | Files where the Workplace Safety and Insurance Board or its designate pursues action against bankrupt manufacturers of asbestos-containing products on behalf of workers. Files contain correspondence, memos, wills, releases, medical reports, death certificates, powers of attorney, interim surplus calculations, copies of claim file documents, and copies of WBS screen printouts. |
| Division | Legal Services |
| Legal Authority | Workplace Safety and Insurance Act, 1997. S.O. 1997, c. 16, Sched. A |
| Uses | Case files documenting actions taken to recover monies from bankrupt companies for asbestos-related claims. |
| Users | Legal Services staff |
| Individuals in Bank | Claimants |
| Retention and disposal | Onsite – CCY+5 years (after no activity) Offsite – Indefinite |
Asbestos Surplus Calculations
| Title | Asbestos Surplus Calculations |
|---|---|
| Type | Personal Information Bank |
| Description | Reference binders containing copies of surplus calculations that have been completed where monies have been recovered from a class action against bankrupt manufacturers of asbestos containing products. Binders contain copies of cheques received from the trust companies for the applicable claimants along with surplus calculation memos that detail the disbursement of those monies. |
| Division | Legal Services |
| Legal Authority | Workplace Safety and Insurance Act, 1997. S.O. 1997, c. 16, Sched. A |
| Uses | Expedite responses to inquiries regarding how money was disbursed for recoveries for asbestos-related claims or audits. |
| Users | Legal Services staff |
| Individuals in Bank | Claimants |
| Retention and disposal | Onsite – CCY+5 years (after no activity) Offsite – 25 years Destroy |
Civil Litigation Files
| Title | Civil Litigation Files |
|---|---|
| Type | Personal Information Bank |
| Description |
Case files relating to work undertaken by Legal Services staff in representing the claimant or the Workplace Safety and Insurance Board in civil litigation, including appeals. May include correspondence with other lawyers, notes, background information, supporting documentation, court documents, investigation reports, research materials, transcripts of hearings, decisions, medical records, expert reports (medical, engineering, actuarial, vocational/ rehabilitation), Ministry of Labour investigation files, copies of WSIB claim files, employment records, tax returns, notes, and disbursements. Case files include the following: Worker/Employer Debt Recovery: These are instances where the WSIB pursues the worker or the employer for an unpaid debt. Personal Injury/Subrogation: Instances where the WSIB pursues a claim for damages against a third party who may be at fault for the worker’s injury. Civil Defence Work: Cases where the WSIB is defending against a civil action brought against it by an external party. Judicial Review Applications: Cases where the WSIB is responding to a court application brought against it by an external party. |
| Division | Legal Services |
| Legal Authority | Workplace Safety and Insurance Act, 1997. S.O. 1997, c. 16, Sched. A |
| Uses | Records are used to aid in the execution of civil litigation. |
| Users | Legal Services staff |
| Individuals in Bank | Claimants and other third parties |
| Retention and disposal | Onsite – CCY+1year (after file is closed or case is decided) Offsite – 29 years Destroy |
Asbestos Surplus Calculations
| Title | Asbestos Surplus Calculations |
|---|---|
| Type | Personal Information Bank |
| Description | Reference binders containing copies of surplus calculations that have been completed where monies have been recovered from a class action against bankrupt manufacturers of asbestos containing products. Binders contain copies of cheques received from the trust companies for the applicable claimants along with surplus calculation memos that detail the disbursement of those monies. |
| Division | Legal Services |
| Legal Authority | Workplace Safety and Insurance Act, 1997. S.O. 1997, c. 16, Sched. A |
| Uses | Expedite responses to inquiries regarding how money was disbursed for recoveries for asbestos-related claims or audits. |
| Users | Legal Services staff |
| Individuals in Bank | Claimants |
| Retention and disposal | Onsite – CCY+5 years (after no activity) Offsite – 25 years Destroy |
Garnishment Case Files
| Title | Garnishment Case Files |
|---|---|
| Type | Personal Information Bank |
| Description | Case working files relating to garnishment of worker’s benefits to comply with court/government orders in accordance with the provisions specified in sections 64 & 65 of the Workplace Safety and Insurance Act. Records contain correspondence, emails, client/solicitor privileged documents, court orders, and payment information. Once the working file is no longer active (post one year from termination of garnishment), critical documents (court orders, client/solicitor privileged documents) are sent to the paper claim files for pre-1990 claims/scanned to the imaged claim file in “No Access” section for post-1990. The remaining documents in the working files are sent to off-site storage. |
| Division | Legal Services |
| Legal Authority | Workplace Safety and Insurance Act, 1997. S.O. 1997, c. 16, Sched. A, s. 64 & 65 |
| Uses | To document the history of garnishment made by the Workplace Safety and Insurance Board to comply with court orders and requests from government agencies in accordance with sections 64 and 65 of the Workplace Safety and Insurance Act. |
| Users | WSIB Garnishment Administrators |
| Individuals in Bank | Injured Workers being garnished by CRA, HRDC or FRO |
| Retention and disposal |
Onsite – CCY+1year (after termination of garnishment) Destroy |
Hearings Before Administrative Tribunals
| Title | Hearings Before Administrative Tribunals |
|---|---|
| Type | Personal Information Bank |
| Description | Case files documenting Workplace Safety and Insurance Board employee grievances, terminations, human rights complaints, WSIB Board employee claim appeals, and arbitrations, etc., heard before various administrative tribunals. File contains grievance documentation, correspondence, notes, memos, legal opinions, electronic mail, case decisions, minutes of settlement. |
| Division | Legal Services |
| Legal Authority | Workplace Safety and Insurance Act, 1997. S.O. 1997, c. 16, Sched. A, s. 64 & 65 |
| Uses | Records are used to document legal actions taken pursuant to acts and regulations and to keep records of proceedings before the courts and tribunals. |
| Users | Legal Services staff |
| Individuals in Bank | Current and former Workplace Safety and Insurance Board employees |
| Retention and disposal |
Onsite – 6 months (after file is closed) Offsite – 20.5 years Destroy |
Interjurisdictional Claim Files
| Title | Interjurisdictional Claim Files |
|---|---|
| Type | Personal Information Bank |
| Description | Worker claim files for injuries sustained inter-provincially. Information contains worker’s/employer’s report of injury, medical reports, payment information, correspondence, and death certificate, etc. Information includes: worker’s name, address, SIN; claim file number; injury/disease; employer’s name, address and firm number; submissions; tests/assessments; medical and claim information, employment/earnings information; investigation results; correspondence; language preference; wage and benefit payment information; socio-economic information; information; return to work information; and information from representatives. |
| Division | Legal Services |
| Legal Authority | Interjurisdictional Agreement and Workplace Safety and Insurance Act, 1997. S.O. 1997, c. 16, Sched. A |
| Uses | To adjudicate and administer interjurisdictional payments in worker’s claims; answer enquiries concerning entitlement; provide management data concerning program delivery; and provide accident and cost information to determine employer assessment reports. |
| Users | WSIB Legal/Policy Analysts and support staff, Workplace Safety & Insurance Appeals Tribunal, and other Canadian compensation boards. |
| Individuals in Bank | Injured Workers or their dependents, employers, and third parties in other Canadian jurisdictions. |
| Retention and disposal | Onsite – Indefinite |
Legal Opinions and Advice Files
| Title | Legal Opinions and Advice Files |
|---|---|
| Type | Personal Information Bank |
| Description | Legal opinions are records which document advice, comments, and opinions expressed by internal or external lawyers, regarding legal concerns, issues, policies, and practices as they relate to and/or impact the Workplace Safety and Insurance Board’s legal rights and obligations, the WSIB’s programs and functions, and customers and clients of the WSIB. |
| Division | Legal Services |
| Legal Authority | Workplace Safety and Insurance Act, 1997. S.O. 1997, c. 16, Sched. A, and Freedom of Information and Protection of Privacy Act¸1990. R.S.O. 1990, c. F.31 |
| Uses | To provide legal opinion and advice, to answer inquiries, to comply with lawyers professional obligations, and to maintain a record for future research and reference. |
| Users | Legal Services staff |
| Individuals in Bank | Claimants and WSIB employees |
| Retention and disposal |
Onsite – 40 years (after opinion was given, or sooner at the discretion of a lawyer in Legal Services) Offsite – 10 years Destroy |
Motor Vehicle Accident (MVA) Insurance Assignment Forms – Section 31
| Title | Motor Vehicle Accident (MVA) Insurance Assignment Forms – Section 31 |
|---|---|
| Type | Personal Information Bank |
| Description | Insurance companies submit MVA Insurance Assignment forms (about 400 annually) to the Workplace Safety and Insurance Board to indicate they have paid benefits to a worker whose MVA claim may potentially be designated as a WSIB claim. If the claim is deemed to be a WSIB claim, the WSIB agrees to reimburse the insurance company for certain types of benefits. MVA Assignment forms that are assigned WSIB claim numbers are indexed and scanned to the imaged claim files, and the related paper forms are destroyed after scanning. If a WSIB claim is not established, the MVA Insurance Assignment form (records with no claim number under section 31 of the Workplace Safety and Insurance Act) is retained for prescribed retention period and then destroyed according to the prescribed records retention schedule. |
| Division | Legal Services |
| Legal Authority | Workplace Safety and Insurance Act, 1997. S.O. 1997, c. 16, Sched. A |
| Uses | Confirmation of understanding amongst the worker, their automobile insurance carrier and the Workplace Safety and Insurance Board that allows for the re-direction of benefits to the automobile insurer to reimburse in whole or in part in the event the WSIB claim is subsequently allowed by the WSIB in the context of a motor vehicle accident. |
| Users | Legal Services staff |
| Individuals in Bank | Claimants, third parties |
| Retention and disposal | Onsite – CCY+3years Offsite – 4 years Destroy |
Subpoenas/Summons Records
| Title | Subpoenas/Summons Records |
|---|---|
| Type | Personal Information Bank |
| Description | The Workplace Safety and Insurance Board receives subpoenas/summons requesting attendance at court or file information. Legal Services will determine if the subpoena or the summons can be actioned. Documents include motion records and correspondence. |
| Division | Legal Services |
| Legal Authority | Workplace Safety and Insurance Act, 1997. S.O. 1997, c. 16, Sched. A |
| Uses | Produce records or have Workplace Safety and Insurance Board personnel attend at court. Usually pertains to matters relating to claim file information. |
| Users | Legal Services staff |
| Individuals in Bank | Claimants, third parties |
| Retention and disposal | Onsite – CCY+2years Destroy |
Transfer of Cost Files
| Title | Transfer of Cost Files |
|---|---|
| Type | Personal Information Bank |
| Description |
Records relating to Transfer of Cost files containing all or some of the following documents: letters to and from employer firms regarding the transfer of a claim’s cost; copies of “Employer’s Statement of Accidental Injury or Disease”; copies of police accident reports; copies of doctor’s reports; copies of employee statement; “worker’s report of accident injury”; summaries of investigation; and memoranda. A “Transfer of Cost” under Section 84 of the Workplace Safety and Insurance Act, S.O. 1997 occurs when a worker sustains an injury during the course of his/her employment. A determination is made to which Schedule I employer should bear the costs of the accident. |
| Division | Legal Services |
| Legal Authority | Workplace Safety and Insurance Act, 1997. S.O. 1997, c. 16, Sched. A, s. 84 |
| Uses | To document the transfer of cost of a claim in accordance with the provisions set out in section 84 of the Workplace Safety and Insurance Act. |
| Users | Transfer of Cost Adjusters, Transfer of Cost Administrator, Legal Counsel, Appeals, and WSIAT. |
| Individuals in Bank | Employers and claimants |
| Retention and disposal |
Onsite – 6 months (after the file is closed or the final decision is made) Offsite – 10 years Destroy |
WSIAT Submissions – Reference Files
| Title | WSIAT Submissions – Reference Files |
|---|---|
| Type | Personal Information Bank |
| Description | WSIAT submissions are provided to the Tribunal to assist them in clarifying matters/providing information so that a decision can be made for matters under appeal. These submissions (employer or worker-related) have broader applications (e.g. interpretation of the section of the Act). |
| Division | Legal Services |
| Legal Authority | Workplace Safety and Insurance Act, 1997. S.O. 1997, c. 16, Sched. A |
| Uses | Intended for reference purposes to ensure consistency in responding to issues. |
| Users | Legal Services staff |
| Individuals in Bank | Claimants |
| Retention and disposal | Onsite – 2 years (after no activity) Offsite – 48 years Destroy |
WSIAT Working Files
| Title | WSIAT Working Files |
|---|---|
| Type | Personal Information Bank |
| Description | WSIAT working files contain a variety of documents including information relating to policies that have been provided to WSIAT for their reference for matters under appeal; written responses to enquiries received from WSIAT; and decisions rendered by WSIAT are forwarded to the applicable operating area for implementation. |
| Division | Legal Services |
| Legal Authority | Workplace Safety and Insurance Act, 1997. S.O. 1997, c. 16, Sched. A |
| Uses | WSIAT submissions and policy packages are provided to the Tribunal to assist them in clarifying matters/providing information so that a decision can be made under appeal. |
| Users | Legal Services staff |
| Individuals in Bank | Claimants |
| Retention and disposal |
Onsite – CCY+1 year (after WSIAT decision is rendered) Offsite – 1 year Destroy |