The WSIB has a duty to hear, examine, and decide issues under the Workplace Safety and Insurance Act or the Workers' Compensation Act (the Act), and may use surveillance to gather evidence for this purpose.
A director in Regulatory Services must approve the use of surveillance in every case.
Surveillance involves discreetly observing one or more subjects. It may also involve the use of audiotape, video, film, and/or photographs. For information about which WSIB staff may view or listen to surveillance recordings, see 11-01-08, Audio/Visual Recordings.
If a surveillance recording is made, that recording is transcribed and the transcript is added to the claim or employer file.
When there is an issue in dispute, the parties have full access to the surveillance recording and/or the transcript. However, if an inquiry by the operating area, or the Regulatory Services/ Legal Services investigation is underway, access will not be granted until the inquiry or investigation is completed. (See 21-02-01, Access to Claim File Information -- Issue in Dispute.)
This policy applies to all decisions made to use surveillance on or after September 1, 1997, for all accidents.
This document replaces 11-02-06 dated April 6, 2001.
Workplace Safety and Insurance Act, 1997, as amended
Workers' Compensation Act, R.S.O. 1990, as amended
Board of Directors
#5, May 8, 1997, Page 5972
#6, June 18, 2004, Page 372