A non-resident employer who employs an Ontario resident to work in Ontario is an "employer" under the Workplace Safety and Insurance Act or the Workers' Compensation Act (the Act). In all other cases, a non-resident worker or non-resident employer must have a substantial connection with Ontario in order to come within the scope of the Act.
A non-resident worker who works in Ontario normally has a substantial connection with Ontario unless the worker's Ontario employment is so minimal that it is merely incidental to the worker's employment in another jurisdiction.
To decide whether a worker has a substantial connection with Ontario, the decision-maker considers all the surrounding circumstances. In most cases, the major consideration is the amount of time that the worker spends working in Ontario. If an injured non-resident worker claims benefits under the Act, the decision-maker considers the amount of time the worker had spent working in Ontario in the year immediately preceding the date of the accident.
Although each case must be decided on its own facts, it is generally considered that a worker who works in Ontario for
- 5 or fewer days in the course of a year usually does not have a substantial connection with Ontario
- 6 to 10 days in the course of a year may have a substantial connection with Ontario if the surrounding circumstances suggest that such a connection exists
- 11 or more days in the course of a year usually has a substantial connection with Ontario.
When applying these time frames, the decision-maker considers whether the worker worked in Ontario for the entire day or for only several hours.
Other factors include
- whether the worker also makes similar trips to other jurisdictions outside the home jurisdiction
- whether trips to Ontario are regularly scheduled or anticipated
- whether the worker simply passes through Ontario or actually performs employment functions in the province
- whether trips to Ontario are strictly for employment purposes or whether they also have a personal component
- the place where the contract of employment was made
- the place where the worker is paid, and
- whether, if Ontario residency status is doubtful, the worker would have worker status under workers' compensation legislation in another jurisdiction.
This policy applies to all decisions made on or after September 1, 1990, for all accidents.
This document replaces 12-04-12 dated October 12, 2004.
Workplace Safety and Insurance Act, 1997, as amended
Sections 2(1), 131(1)
Workers' Compensation Act, R.S.O. 1990, as amended
Sections 1(1), 72(1)
#3, September 25, 2007, Page 447