All workers' compensation boards in Canada have signed an Interjurisdictional Agreement on Workers' Compensation (IJA) for the benefit of workers and employers whose business or work takes them into more than one province or territory in Canada.
The purpose of this policy is to outline the general application and exclusions to the IJA.
The IJA applies to employers insured under Schedule 1 in Ontario (home jurisdiction) and its collective liability equivalent in any other Canadian jurisdiction (work jurisdiction) with respect to the collection of premiums.
Objective of the IJA
The stated intent of the IJA is to
- avoid the duplicate payment of employer premiums on workers’ earnings, see 14-02-12, Insurable Earnings - Interjurisdictional Agreement
- assist workers or dependants when more than one jurisdiction may be involved in a claim, see 15-01-09, Entitlement in Ontario and Other Jurisdictions
- create a system to permit any Board to provide service to another Board’s claimants
- provide a system of dispute resolution between Boards.
The IJA ensures that employers do not have to pay duplicate assessments for workers who perform work in more than one Canadian jurisdiction. Under the IJA, employers pro-rate their insurable earnings so that premiums are paid to each Canadian Board for the work performed in that Board’s jurisdiction.
There is an exception to this rule that applies to interjurisdictional trucking, pilot car, courier and bus employers who participate in the Alternative Assessment Procedure (AAP).
Alternative Assessment Procedure (AAP)
The AAP is a part of the IJA on workers’ compensation. It is an optional procedure for interprovincial trucking, pilot car, courier and bus employers to pay premiums for workers to one jurisdiction, even though they travel through one or more other Canadian province or territory. For details on the AAP, see 14-02-13, Alternative Assessment Procedure for Interjurisdictional Trucking & Transport Industry.
Exclusions to IJA
The IJA does not apply if
- the industry or occupation is not insured by the work jurisdiction
- the employment is governed by the Government Employees Compensation Act, e.g., federal government
- insurance coverage is by application, and was not applied for in either the work or home jurisdiction, see 12-01-02, Employer by Application
- individuals are not automatically covered, and optional insurance was not obtained in either the home or work jurisdiction, see 12-03-02, Optional Insurance
- the employer is a self-insurer in both of the jurisdictions (Schedule 2 employers in Ontario).
This policy applies to all decisions made on or after January 1, 2018.
This document replaces 15-01-11 dated January 1, 2015.
This document was previously published as:
15-01-11 dated January 2, 2014
15-01-11 dated October 12, 2004
15-01-11 dated November 15, 2002
08-01-06 dated January 4, 1999.
Workplace Safety and Insurance Act, 1997, as amended
Sections 88, 159, 160
#2, December 14, 2017, Page 552