This page provides updates on recent changes to operational policies at the WSIB, policy clarifications, and our policy agenda.
To sign up for email updates of new or revised policies or to request past policies, please email polpub@wsib.on.ca.
Do you have a policy question? Contact the Operational Policy Branch.
Policy agenda
The 2023 Policy Agenda outlines our policy priorities for the coming year and includes items that may involve stakeholder consultation.
Learn about Policy development at the WSIB including the agenda-setting process and past policy agendas.
Policy updates/clarifications
- 2023 policy updates
- 2022 policy updates
- 2021 policy updates
- 2020 policy updates
- Policy clarifications
2023 benefit rates
*Effective January 1, 2023*
Each year, benefit rates are reviewed and revised to ensure that people are fairly compensated in a financially responsible and accountable way.
For 2023, benefit rates that have increased are:
- Non-Professional Escort Fee
- Guide and Support Dog Allowance
- Independent Living Allowance
- Meal Allowance
- Personal Care Allowance – General Attendant Rate
- Personal Care Allowance – Personal Attendant Rate
- Personal Care Allowance – Skilled Attendant Rate
- Transportation Allowance
The benefit rates for 2023 are now outlined in 18-01-05, Table of Rates. These rates were posted in advance on December 15, 2022.
The revised policy includes revisions to meet Accessibility for Ontarians with Disabilities Act, 2005 standards for tables. The table in the policy now includes a header and cells have been reformatted to improve readability for people using assistive technologies.
Below is the policy that was in place and effective prior to January 1, 2023:
Below is a comparison document of the new and prior versions:
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2023 indexed values
*Effective January 1, 2023*
Every year, Operational Policy Manual (OPM) documents 18-01-02, Benefit Dollar Amounts - Accidents from 1998 and 18-01-03, Benefit Dollar Amounts - Accidents before 1998 are updated to include the current year’s indexed values. The indexing factor for 2023 is 6.5 per cent.
18-01-02, Benefit Dollar Amounts - Accidents from 1998
18-01-03, Benefit Dollar Amounts - Accidents before 1998
Prior versions
Housekeeping changes to reflect repealed legislation - Drugless Practitioners Act, 1990
*Effective January 1, 2023*
On July 1, 2015, the Drugless Practitioners Act, 1990 was repealed and therefore no longer has effect. Operational Policy Manual document 17-01-02, Entitlement to Health Care and 18-01-12, Employer Contributions to Worker Benefits have been revised to remove references to the Drugless Practitioners Act, 1990.
Below are the policies that were in place and effective prior to January 1, 2023:
Below are comparison documents of the revised and prior versions:
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Minor Revisions to Apprentices (coverage policy)
*Effective January 1, 2023*
On January 1, 2022, the Building Opportunities in the Skilled Trades Act, 2021, (BOSTA) was proclaimed. BOSTA enabled the creation of new skilled trades and apprenticeship systems. As a result, Operational Policy Manual document 12-04-13, Apprentices has been revised to better reflect the apprenticeship systems established under BOSTA and to align the terminology used in the policy with BOSTA.
Below is the policy that was in place and effective prior to January 1, 2023:
Below is a comparison document of the revised and prior version:
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*
In addition to the above, two other Operational Policy Manual documents have been revised to make housekeeping changes to use the gender-neutral term “journeyperson”.
| Policy | Prior version | Comparison document* |
|---|---|---|
| 18-02-08, Determining Average Earnings - Exceptional Cases | ||
| 18-04-10, Calculating FEL for Students, Learners, and Apprentices |
Housekeeping policy changes to meet provincial accessibility requirements – January 3, 2023
*Effective January 1, 2023*
Housekeeping changes have been made to multiple documents in the Operational Policy Manual to ensure accessibility standards for tables under the Accessibility for Ontarians with Disabilities Act, 2005 are met. Details of the changes to each document can be found in the comparison documents below.
Temporary Employment Agency (TEA) transition
*Effective December 1, 2022*
The TEA Transition to the Rate Framework policy has been updated to reflect the extension of the 2022 rate setting approach for TEAs into 2023. Under the approach, TEAs’ rates will be set using the same approach as all other businesses. All TEAs eligible for a rate increase will move a maximum of two risk bands (approximately 10 per cent) from their prior year risk band towards their projected rate. All TEAs eligible for a reduction will see decreases to their rate in 2023. Our premium and payment FAQs provide more information about premium rate setting.
We are continuing to examine our approach to TEA rate setting beyond 2023 to ensure that all businesses’ rates reflect their individual and class risk and experience. Visit our TEA rate setting consultation page to learn more.
The following revised policy is effective December 1, 2022:
Below is the policy that was in place and effective prior to December 1, 2022:
Below is a comparison document of the revised and prior version:
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Occupational Disease Policy Framework
As part of the WSIB’s Occupational Disease Strategy, the WSIB has approved the Occupational Disease Policy Framework following a consultation held between Tuesday November 30, 2021, and Monday, February 28, 2022.
Temporary Employment Agency consultation
The WSIB's phase two of the Temporary Employment Agency (TEA) consultation sought stakeholder feedback on the proposed modification to the rate-setting approach for TEAs and/or their views on how TEAs transition to this revised approach. Phase two of the consultation started on Wednesday October 12, 2022 and closed on Wednesday November 16, 2022.
Serious Injury Program value-for-money audit consultation
The WSIB launched a consultation as part of our response to the recommendations from the value-for-money audit on the Serious Injury Program. The consultation period started on Friday September 16, 2022 and closed on Friday October 14, 2022. We are currently reviewing submissions received and will provide additional information on the next steps in the coming months.
Housekeeping changes to Determining Insurable Earnings policy to meet provincial accessibility requirements
*Effective June 28, 2022*
Housekeeping changes have been made to Operational Policy Manual document 14-02-08, Determining Insurable Earnings to ensure accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005 are met. All tables now include a name and caption.
Below is the version in place and effective prior to June 28, 2022:
Below is a comparison document of the revised and prior version:
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Minor revisions to the hearing devices policy
*Effective May 2, 2022*
Minor revisions have been made to Operational Policy Manual document 17-07-04, Hearing Devices to reflect the updated procurement contracts with hearing device suppliers.
The minor revisions include the creation of a category of authorized hearing aid models that address the needs of most hearing aid users. Pre-approvals are also no longer required when obtaining an authorized model. Instead, a pre-approval must only be submitted when requesting an exception model.
The policy clarifies that the WSIB may collect a prescription for a hearing aid in certain scenarios. There is now also emphasis on the flexibility decision-makers have when considering replacement hearing aids due to loss or theft.
Below is the policy that was in place and effective prior to May 2, 2022:
Below is a comparison document of the revised and prior version:
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Housekeeping changes to Schedule 2 Security Requirement policy
*Effective March 1, 2022*
Operational Policy Manual (OPM) document 12-01-05, Schedule 2 Security Requirement was scheduled for a five-year cyclical review following the last revision in 2016. As a result, housekeeping changes have been made to the policy.
The updates include changing the document number from 12-01-05 to 14-04-01, and moving it to the corresponding OPM section, Employer Collections, which includes other security-related OPM documents. Other changes include updating internal divisional and external organization names, as well as removing hyperlinks and specific webpage names to reduce future changes.
Below is the policy that was in place and effective prior to March 1, 2022:
Below is a comparison document of the revised and prior version:
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Occupational Disease Updates: Scientific Advisory Table Membership and McIntyre Powder
*February 7, 2022*
As part of the WSIBs Occupational Disease Strategy, we are establishing a Scientific Advisory Table on Occupational Disease to support occupational disease policy development. Following the selection process, we are happy to announce the members of the table.
Effective January 27, 2022, Parkinson’s disease has been added as a new occupational disease to Schedule 3 in the General Regulation. Read more about this addition on our McIntyre Powder update webpage.
Minor revision to medical cannabis policy
*Effective February 8, 2022*
A minor clarification has been made to Operational Policy Manual (OPM) document 17-01-10, Cannabis for Medical Purposes. The reference to “palliative setting” in the policy’s definition of “designated condition” has been replaced with “palliative state” to clarify that “palliative” is intended to refer to the state of the person and not a physical setting, such as a hospice.
In addition, several housekeeping changes were made to the policy, including updating the application date and review schedule.
The WSIB has committed to regularly conduct reviews of the scientific and clinical evidence on medical cannabis. Based on the result of an independent scientific review received in 2021, the WSIB determined that the work-related medical conditions listed in the policy continues to reflect the evidence for the therapeutic use of medical cannabis.
For more information on the independent scientific review and/or information on medical cannabis treatment for work-related injuries and illnesses, please visit the WSIB’s medical cannabis webpage.
Below is the policy that was in place and effective prior to February 8, 2022:
Below is a comparison document of the revised and prior version:
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Scheduled Review: Determining Average Earnings – Periodic Payments for Survivors (18-02-09)
*Effective February 8, 2022*
The Operational Policy Manual (OPM) document 18-02-09, Determining Average Earnings – Periodic Payments for Survivors has been revised as part of a scheduled review, as outlined in the 2021 Policy Agenda. The review included consultation with internal partners, review of relevant internal and external policy questions, and a scan for relevant Workplace Safety and Insurance Appeals Tribunal (WSIAT) decisions.
As a result of the review, only housekeeping changes were made.
18-02-09, Determining Average Earnings – Periodic Payments for Survivors
Below is the version in place and effective prior to February 8, 2022:
Below is a comparison document of the revised and prior version:
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Revisions to Pupils in Work Education Programs
*Effective February 8, 2022*
Operational Policy Manual document 12-04-07, Pupils in Work Education Programs has been revised.
The Ministry of Education offers various work education programs where secondary school pupils are placed with employers to gain practical work experience.
The revisions to the policy were made in consultation with the ministry to better reflect the out of province coverage guidance that would generally apply to secondary school pupils if injured or made ill outside of Ontario while participating in a work education placement.
Other minor changes have also been made to align the terminology used in the policy with the ministry’s programs and to further improve its clarity and readability.
Below is the policy that was in place and effective prior to February 8, 2022:
Below is a comparison document of the revised and prior version:
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Employer Classification Manual amendments 2022
*Effective January 1, 2022*
The following Employer Classification Manual (ECM) documents have been amended to ensure accurate classification of wholesale business-to-business electronic markets, trade agents and brokers, and of care attendants directly employed by a private household, while maintaining pre-Rate Framework coverage rules.
2022 benefit rates
*Effective January 1, 2022*
Each year, benefit rates are reviewed and revised appropriately to ensure that people are fairly compensated in a financially responsible and accountable way.
For 2022, benefit rates that have increased are:
- Non-Professional Escort Fee
- Guide and Support Dog Allowance
- Independent Living Allowance
- Meal Allowance
- Personal Care Allowance – General Attendant Rate
- Personal Care Allowance – Personal Attendant Rate
- Personal Care Allowance – Skilled Attendant Rate
- Transportation Allowance
The benefit rates for 2022 are now outlined in 18-01-05, Table of Rates. These rates were posted in advance on December 17, 2021.
Below is the policy that was in place and effective prior to January 1, 2022:
- 18-01-05, Table of Rates (PDF)
Below is a comparison document of the new and prior versions:
- 18-01-05, Table of Rates (PDF)*
2022 indexed values
*Effective January 1, 2022*
Every year, Operational Policy Manual (OPM) documents 18-01-02, Benefit Dollar Amounts - Accidents from 1998 and 18-01-03, Benefit Dollar Amounts - Accidents before 1998 are updated to include the current year’s indexed values. The indexing factor for 2022 is 2.7 per cent.
18-01-02, Benefit Dollar Amounts - Accidents from 1998
18-01-03, Benefit Dollar Amounts - Accidents before 1998
Prior versions
- 18-01-02, Benefit Dollar Amounts – Accidents from 1998 (PDF)
- 18-01-03, Benefit Dollar Amounts – Accidents before 1998 (PDF)
Revision to optional insurance premium prepayments for independent operators, sole proprietors, partners and executive officers
*Effective December 7, 2021*
The WSIB may require advance payment when an independent operator, sole proprietor, partner or executive officer requests optional insurance. The Employer Services Division (ESD) has introduced a standard advance payment amount to streamline the advance payment process.
The following policy has been updated to reflect that an advance payment for an amount determined by the WSIB may be required. The specific dollar amount is provided on the clearances and registration pages at wsib.ca.
The revised policy is effective December 7, 2021.
Below is the version in place and effective prior to December 7, 2021:
Below is a comparison document of the revised and prior version:
- 12-03-02, Optional Insurance (PDF)*
Revision to special NEER (New Experimental Experience Rating) adjustment in 2021
*Effective November 1, 2021*
The final issue of NEER refunds and surcharges occurred in 2020 and considered accident years 2016-2019. The final review of the 2017-2019 accident years occurred in 2020, rather than the full four year review, as our experience rating programs came to an end in 2020.
In January 2021, we announced that 2017-2019 accident year claims classified as active in the 2020 calculation and drew no benefits between April 1 and September 30, 2020, would be re-classified as inactive and the 2020 calculation would be adjusted as appropriate. Potential adjustments include a rebate increase, reduced surcharge, and/or turning a surcharge into a rebate.
The updated policy language reflects that accident claim years classified as active in the 2020 calculation and either drew no benefits or only drew health care benefits between April 1 and September 30, 2020, will be re-classified as inactive and the 2020 calculation will be adjusted as appropriate.
The revised policy is effective November 1, 2021.
Below is the version in place and effective prior to November 1, 2021:
Below is a comparison document of the revised and prior version.
Temporary Employment Agency (TEA) transition
*Effective October 1, 2021*
The TEA Transition to the Rate Framework policy has been updated to reflect our revised transition approach for TEAs in 2022, to smoothly transition all TEAs to our rate-setting model following the rate hold in 2021. All TEAs eligible for a rate increase will move a maximum of about five per cent (one risk band) from their current position towards their projected rate as part of the updated approach. All TEAs eligible for a reduction will see decreases to their projected rate, subject to transition costs.
We are currently examining our transition approach for TEAs in 2023 and beyond.
The following revised policy is effective October 1, 2021.
Below is the policy that was in place and effective prior to October 1, 2021.
Below is a comparison document of the revised and prior version.
Operational Policy Manual Updates
*Effective September 21, 2021*
Following a review of existing policies to ensure the Operational Policy Manual (OPM) remains current and supports high-quality, consistent decision-making, six policies have been identified for removal from the OPM.
The following policies are no longer relevant, and have not been used in decision-making for the past 30 years. Moving forward, claims can be adjudicated using the general decision-making policies (OPM documents 15-02-01, Definition of an Accident, 11-01-01, Adjudicative Process, and 11-01-02, Decision-Making) along with the adjudicative support document for infectious diseases.
Previous policies in place and effective prior to September 21, 2021
The following policies are not required to inform decision-making. Claims for these injuries can be adjudicated using the existing general decision-making policies (OPM documents 15-02-01, Definition of an Accident, 11-01-01, Adjudicative Process, and 11-01-02, Decision-Making) and/or by using the Schedule 3 legislative presumption for those conditions that have entries (namely: blisters, caisson disease and tenosynovitis).
Previous policies in place and effective prior to September 21, 2021
- 15-04-13, Rabies (PDF)
- 15-04-14, Poisonings, Foreign Body Ingestion, Ganglions (PDF)
- 15-04-09, Blisters/Calluses and Caisson Disease (PDF)
- 16-01-06, Tenosynovitis (PDF)
Revisions to Chronic Obstructive Lung Disease, Sulphur Dioxide and Particulates Exposure (Smelter Workers) policy
*Effective September 14, 2021*
Operational Policy Manual document 16-02-14, Chronic Obstructive Lung Disease, Sulphur Dioxide and Particulates Exposure (Smelter Workers) which applies to injuries prior to January 2, 1990, has been revised.
The revisions reflect the WSIB’s change in practice to no longer reduce permanent disability benefits for people with claims for chronic obstructive pulmonary disease in relation to smoking. For additional information about the change in practice, see Chronic obstructive pulmonary disease - Discontinuation of smoking offset for non-economic loss benefits.
Other minor changes have also been made to remove outdated elements in the policy and to further improve its clarity and readability.
Below is the policy that was in place and effective prior to September 14, 2021:
Below is a comparison document of the new and prior version:
Pay in lieu of notice of termination and post-injury earnings
*Effective September 1, 2021*
Operational Policy Manual (OPM) document 18-03-02, Payment and Reviewing LOE Benefits (Prior to Final Review) has been revised to clarify the WSIB’s current and longstanding practice to:
- consider pay in lieu of notice of termination (and/or pay received for work during a notice of termination period) as post-injury earnings, and
- exclude severance pay from post-injury earnings.
Clarifying the practice in policy supports consistent, predictable decision-making. It also provides transparency for workplace parties.
Below is the version in place and effective prior to September 1, 2021:
Below is a comparison document of the new and prior version:
Consequential policy revisions related to the maximum for insurable earnings
*Effective January 1, 2021*
On April 14, 2021 An Act to amend the Workplace Safety and Insurance Act, 1997 (Bill 238) received Royal Assent and is effective retroactive to January 1, 2021. The Bill 238 amendments change how the WSIB determines the Schedule 1 insurable earnings maximum for 2021, and allow the government to set the insurable earnings maximum for 2022, as well.
To comply with and support the implementation of these amendments, revisions have been made to seven Operational Policy Manual (OPM) documents.
Several of the OPM documents affected by the Bill 238 amendments also required housekeeping revisions following from the Rate Framework project and the return-to-work policy review. These revisions have been made where applicable.
The following seven OPM documents have been revised and are effective January 1, 2021.
- 12-03-02, Optional Insurance
- 12-04-02, Volunteer Forces
- 12-04-05, Coverage for Unpaid Trainees
- 14-02-08, Determining Insurable Earnings
- 14-02-10, Insurable Earnings - Logging
- 14-02-11, Insurable Earnings - Volunteer Forces
- 14-02-18, Insurable Earnings - Construction
Prior versions
Comparison of revised and prior versions*
Consequential policy revisions related to the rate-setting model
*Effective March 1, 2021*
The following Operational Policy Manual documents have been revised to make minor consequential and housekeeping changes to ensure accuracy and consistency with our rate-setting model.
Housekeeping policy revisions related to the rate-setting model
*Effective March 1, 2021*
The following Employer Classification Manual (ECM) document has been revised to make housekeeping changes to ensure accuracy and consistency with our premium rate-setting model.
| ECM Housekeeping | Prior version | Comparison document* |
|---|---|---|
| 488511, Marine shipping agencies |
Housekeeping policy revisions related to the return-to-work (RTW) policy review
*Effective March 1, 2021*
New return-to-work (RTW) policies came into effect on November 30, 2020. The following policies have been revised to ensure the accuracy and consistency of the Operational Policy Manual (OPM).
The chart below includes the prior version of each revised OPM document and a comparison document tracking the changes.
Transferring from Schedule 2 to Schedule 1
*Effective March 9, 2021*
Schedule 2 organizations opting to transfer to Schedule 1 were previously treated like new employers and assigned the class premium rate. Their Schedule 2 experience was not considered for premium rate setting purposes.
The WSIB reviewed this approach and determined these employers should be assigned a premium rate based on their Schedule 2 experience. This will ensure all businesses receive fair premium rates that reflect their claims experience.
Schedule 2 employers interested in transferring to Schedule 1 will be required to provide certain information, such as their insurable earnings in Schedule 2 over a six-year period, to allow the WSIB to calculate their premium rate. The calculated premium rate will be assigned to them until they are eligible for a risk adjusted premium rate based only on their Schedule 1 experience.
The following policies are effective March 9, 2021. They have been revised to reflect the approach above and to include minor changes to align with policy formatting guidelines.
Below are the policies that were in place and effective prior to March 9, 2021:
Below are comparison documents of the new and prior versions:
Housekeeping changes to 14-01-01, The Classification Structure
*Effective January 1, 2021*
On January 1, 2021, changes to Schedule 1 of Ontario Regulation 175/98 came into effect, which splits current subclass G1 into subclass G1 and subclass G6.
The WSIB updated OPM 14-01-01, The Classification Structure (PDF) to reflect the additional class, raising the number of classes from 34 to 35. In addition, the new subclass was added to the policy’s appendix, and subclass G1 was renamed.
Below is the policy that was in place and effective prior to January 1, 2021:
Below is a comparison document of the new and prior versions:
Housekeeping changes to the Employer Classification Manual
*Effective January 1, 2021*
On January 1, 2021, amendments to Ontario Regulation 175/98 came into effect to reflect the splitting of subclass G1. The regulatory change is reflected in the online ECM, and the new subclasses are:
- G1 Residential building construction
- G6 Non-residential building construction
As a result of this addition of a new subclass, two new ECM NAICS were created:
- NAICS 007060, Non-Exempt Partners and Executive Officers in Construction
- NAICS 001191, Supply of Labour to subclasslass G6
In addition, a number of housekeeping changes were required to other ECM documents to reflect the G1 split decision, as well as updating terminology and correcting typos.
The below chart includes the original ECM documents with tracked changes to reflect the housekeeping changes.
Special NEER Adjustment in 2021
*Effective January 1, 2021*
The final issue of NEER refunds and surcharges occurred in 2020 and considered accident years 2016-2019. The final review of the 2017-2019 accident years occurred in 2020, rather than the full four year review, as our experience rating programs came to an end in 2020.
Claims that drew benefits early in 2020, but not later in the year, were classified as active in the NEER calculation. Since there are no future issues of NEER, there is no regular opportunity for their classification to change to inactive, as would have happened previously.
To respond to this issue, the WSIB will identify 2017-2019 accident year claims that were classified as active in the 2020 issue and drew no benefits between April 1, 2020 and September 30, 2020. Any claims identified will be re-classified as inactive and the 2020 issue will be adjusted in 2021 as appropriate. Adjustments may increase a rebate, reduce a surcharge, and/or turn a surcharge into a rebate.
The NEER policy has been updated to reflect this change as well as some minor changes to align with policy formatting guidelines. The revised policy is effective January 1, 2021.
Below is the policy that was in place and effective prior to January 1, 2021:
Below is a comparison document of the revised and prior version:
Policy change related to Emphysema Due to Alpha 1 Anti-Trypsin Deficiency
Under the Genetic Non-Discrimination Act, the WSIB is prohibited from requiring an individual to undergo a genetic test or to require the disclosure of a genetic test result as a condition of providing services to the individual. As a result, Operational Policy manual (OPM) document #16-02-16, “Emphysema Due to Alpha 1 Anti-Trypsin Deficiency” has been rescinded and removed from the OPM.
Previous policy
Below is the policy that was in place and effective prior to January 1, 2021
2021 benefit rates
*Effective January 1, 2021*
Each year, benefit rates are reviewed and revised appropriately to ensure that people are fairly compensated in a financially responsible and accountable way.
For 2021, benefit rates that have increased are:
- Independent Living Allowance
- Personal Care Allowance – General Rate
- Personal Care Allowance – Personal Rate
- Personal Care Allowance – Skilled Rate
- Guide and Support Dog Allowance
- Non-Professional Escort Fee
Operational Policy Manual document 18-01-05, Table of Rates (PDF) has been revised to reflect the benefit rates in effect as of January 1, 2021. These rates were posted in advance on December 16, 2020.
Below is the policy that was in place and effective prior to January 1, 2021:
- 18-01-05, Table of Rates (PDF)
Below is a comparison document of the new and prior versions:
- 18-01-05, Table of Rates (PDF)*
2021 indexed values
*Effective January 1, 2021
Every year, Operational Policy Manual (OPM) documents 18-01-02, Benefit Dollar Amounts - Accidents from 1998 and 18-01-03, Benefit Dollar Amounts - Accidents before 1998 are updated to include the current year’s indexed values. The indexing factor for 2021 is 1 per cent.
- 18-01-02, Benefit Dollar Amounts - Accidents from 1998 (PDF)
- 18-01-03, Benefit Dollar Amounts - Accidents before 1998 (PDF)
Prior versions
- 18-01-02, Benefit Dollar Amounts – Accidents from 1998 (PDF)
- 18-01-03, Benefit Dollar Amounts – Accidents before 1998 (PDF)
Revisions to Clothing Allowance Policy
*Effective December 1, 2020*
Operational Policy Manual document 17-07-03, Clothing Allowance has been revised to make minor changes to confirm the current WSIB practice by removing the requirement that an annual medical report by the treating health professional be submitted as part of the clothing allowance’s annual application process.
Other changes have also been made to remove outdated and vague elements in the policy and to further improve its clarity and readability.
Below is the policy that was in place and effective prior to December 1, 2020:
Below is a comparison document of the new and prior version:
- 17-07-03 Comparison document (PDF)*
Scheduled Review: Annual Indexing
*Effective December 1, 2020*
The 2020 Policy Agenda (PDF) identified for scheduled review, Operational Policy Manual (OPM) document 18-01-14, Annual Indexing. The review included consultation with internal partners, review of relevant internal and external policy questions received by the Operational Policy Branch (OPB), and a scan for relevant WSIAT decisions.
As a result of the review, only housekeeping changes were made.
Below is the policy that was in place and effective prior to December 1, 2020:
Below is a comparison document of the new and prior version:
- 18-01-14 Comparison document (PDF)*
Return-to-work (RTW) policy review
*Effective November 30, 2020*
At the end of 2019, the WSIB completed a review of seven return-to-work (RTW) policies. This work was part of a scheduled review in support of our current Return-to-Work and Recovery Services Strategy. The review included a targeted stakeholder consultation with the Chair’s Advisory Committees and Schedule 2 Executive members (Return-to-work [RTW] policy review - Stakeholder feedback themes and WSIB response [PDF]). The revised policies were originally planned for release in early 2020, however due to the onset of the COVID-19 pandemic, we temporarily delayed their release to focus on other priorities.
As a result of the review, we have updated the suite of RTW policies to improve readability, clarify aspects of the RTW process, and incorporate current program terminology. We have also re-organized seven (7) policies into four (4) new policies.
While the revised suite of RTW policies looks different, the obligations of injured or ill people and businesses have not changed.
Highlights of the changes include:
- Separating guidance on co-operation and re-employment obligations into two standalone policies to make the guidance easier to understand in cases where re-employment obligations do not apply.
- Providing additional guidance around concepts such as productive work and travel considerations when determining availability of work, to address frequently asked questions.
- Adapting content in the existing re-employment policies for the construction industry and using it to provide greater clarity in the general re-employment policy.
- Providing additional guidance on re-employment in special cases, such as temporary employment agencies, to address frequently asked questions.
- Making minor revisions to clarify aspects of the WSIB’s approach to RTW assessments and plans (with or without training).
The previous suite of seven (7) policies has been re-organized into four (4) new policies. The four new policies that were posted in advance at the end of October are now in effect:
- 19-02-07, RTW Overview and Key Concepts (PDF)
- 19-02-08, RTW Co-operation Obligations
- 19-02-09, Re-employment Obligations
- 19-02-10, RTW Assessments and Plans
The following are the policies that were in effect up to November 29, 2020:
- 19-02-01, Work Reintegration Principles, Concepts and Definitions (PDF)
- 19-02-02, Responsibilities of the Workplace Parties in Work Reintegration (PDF)
- 19-03-03, Determining Suitable Occupation (PDF)
- 19-02-04, Functional Abilities Form for Work Reintegration (PDF)
- 19-03-05, Work Transition Plans (PDF)
- 19-03-06, Work Transition Expenses (PDF)
- 19-03-11, Relocation Services (PDF)
Below are the annotated versions of the new policies highlighting the differences between the new and prior policies:
- 19-02-07, RTW Overview and Key Concepts (PDF)*
- 19-02-08, RTW Co-operation Obligations (PDF)*
- 19-02-09, Re-employment Obligations (PDF)*
- 19-02-10, RTW Assessments and Plans (PDF)*
2021 premium rate hold
In response to the impact of the COVID-19 pandemic on the workers’ compensation system, the WSIB has decided to assign all businesses the same rate in 2021 that they paid in 2020, with limited exceptions. Projected premium rates will still be provided to businesses.
The following policies are being advance posted and will be effective January 1, 2021. They have been revised to outline how the premium rate hold will be applied to businesses.
- 14-01-09, Transition to the Rate Framework (PDF)
- 14-01-10, Temporary Employment Agencies Transition to the Rate Framework (PDF)
- 14-01-11, Non-Profit Organizations Transition to the Rate Framework (PDF)
Below are comparison documents of the new and prior versions.
- 14-01-09, Transition to the Rate Framework (PDF)
- 14-01-10, Temporary Employment Agencies Transition to the Rate Framework (PDF)*
- 14-01-11, Non-Profit Organizations Transition to the Rate Framework (PDF)*
Correction: 18-01-03, Benefit Dollar Amounts - Accidents before 1998
In 2018, Operational Policy Manual (OPM) documents 18-01-02, Benefit Dollar Amounts - Accidents before 1998 and 18-01-03, Benefit Dollar Amounts - Accidents before 1998 were reformatted. One purpose of the reformatting was to include the indexed values used to calculate full benefits that previously did not appear in these documents.
With this reformatting, full temporary disability benefits values different from the existing partial temporary disability values were added to 18-01-03, Benefit Dollar Amounts - Accidents before 1998. However, in accordance with the Workers’ Compensation Act, 1990, as continued and amended by the Workplace Safety and Insurance Act, 1997, the WSIB uses the same values for calculating full temporary disability benefits as it does for partial temporary disability benefits. Despite the inclusion of these different amounts in 18-01-03, the WSIB has continued to calculate full temporary disability benefits in accordance with the legislation and, as a result, the inclusion of these amounts has not affected any benefit payments. OPM document 18-01-03, Benefit Dollar Amounts - Accidents before 1998 has been updated to remove these different amounts to correct this error. We regret and apologize for any inconvenience.
18-01-03, Benefit Dollar Amounts - Accidents before 1998 (PDF)
Authorization of Employer Representatives for Employer Accounts
*Effective August 1, 2020*
Operational Policy Manual document 21-01-02, Authorization of Employer Representatives for Employer Accounts has been revised to reflect changes undertaken to simplify and streamline the process for authorizing employer representatives.
- The policy that was in place and effective prior to August 1, 2020: 21-01-02, Authorization of Employer Representatives Regarding Employer Information (PDF)
- A comparison document of the new and prior version: 21-01-02, Authorization of Employer Representatives for Employer Accounts (PDF)*
In addition to the above, seven other Operational Policy Manual documents have been revised to make housekeeping changes to reflect the new process for authorizing employer representatives.
| Housekeeping policies | Prior versions | Comparison document* |
|---|---|---|
| 14-02-02, Registration (PDF) | ||
| 14-02-03, Purchase Certificates | ||
| 14-02-05, Closures | ||
| 14-04-02, Security for Payment | ||
| 14-04-03, Writs of Seizure and Sale | ||
| 14-04-04, Collections Based on Financial Hardship | ||
| 21-01-01, Access to Employer Information |
Rate framework policies
*Effective January 1, 2020*
Our new rate-setting model changes how we set and adjust premium rates for businesses. To support the new model, we have created new Operational Policy Manual documents and revised others. We consulted with stakeholders on the core policies that support these changes and posted them in advance. Details on the policy consultation, and the WSIB’s response, can be found on the Rate Framework Policy Consultation page of our website.
January 28, 2020 update: Temporary Employment Agency (TEA) transition
To help TEAs move to our new model, we have revised the TEA Transition to the Rate Framework policy to introduce a one-year transition approach (see link to the policy in the chart).
In 2020, a starting point rate will be determined for TEAs based on their 2019 rate group rate and 2016-2018 experience rating adjustments (if applicable). TEAs will then pay the lesser of their starting point rate, or the class rate, for each North American Industry Classification System (NAICS) class they supply labour.
In 2021, TEAs will pay the class rate in each NAICS class they supply labour, to more closely align their rates with their client employers.
| Core policies | Prior policies |
|---|---|
|
14-01-01, The Classification Scheme (PDF) |
|
|
14-01-02, Single Classification (PDF) rescinded |
|
|
New policy |
|
|
New policy |
|
|
14-01-10, Temporary Employment Agencies Transition to the Rate Framework |
New policy |
|
14-01-11, Non-Profit Organizations Transition to the Rate Framework |
New policy |
|
New policy |
|
* The “Premium Rate Setting Administrative Practice Document” referenced in policy 14-02-01, Employer Level Premium Rate Setting will be available soon.
In addition to the above, another 32 Operational Policy Manual documents have been revised to make consequential and/or housekeeping changes to reflect our new rate-setting model, and three have been rescinded.
| Consequential/housekeeping policies | Prior versions | Comparison document* |
|---|---|---|
|
13-02-04, Merit Adjusted Premium Program |
rescinded |
|
|
13-02-05, Adjustments to CAD-7 Refunds and Surcharges |
rescinded |
|
|
13-02-07, Adjustments to NEER Refunds and Surcharges |
rescinded |
|
|
14-02-07, Employer Non-Compliance Interest and Charges (PDF) |
||
|
21-02-01, Disclosure of Claim File Information – General (PDF) |
||
|
21-02-02, Disclosure of Claim File Information (Issue in dispute) (PDF) |
||
|
21-02-03, Disclosure of Claim File Information to Employers (No Issue in Dispute) (PDF) |
||
|
22-01-06, Offences and Penalties - External Suppliers of Goods and Services |
||
2020 benefit rates
*Effective January 1, 2020*
Each year, a benefit rate review is carried out and benefit rates are revised appropriately to ensure people are fairly compensated in a financially responsible and accountable way.
For 2020, benefit rates that have increased are:
- Independent Living Allowance
- Personal Care Allowance – Personal Rate
- Personal Care Allowance – Skilled Rate
- Guide and Support Dog Allowance
The benefit rates outlined in 18-01-05, Table of Rates, (PDF) are effective January 1, 2020 until December 31, 2020.
Below is the policy that was in place and effective prior to January 1, 2020:
- 18-01-05, Table of Rates (PDF)
Below is a comparison document of the new and prior versions:
- 18-01-05, Table of Rates (PDF)*
2020 indexed values
*Effective January 1, 2020*
Every year, Operational Policy Manual (OPM) documents 18-01-02, Benefit Dollar Amounts – Accidents from 1998 and 18-01-03, Benefit Dollar Amounts – Accidents before 1998, are updated to include the current year’s indexed values. The indexing factor for 2020 is 1.9 per cent.
18-01-02, Benefit Dollar Amounts – Accidents from 1998 (PDF)
18-01-03, Benefit Dollar Amounts – Accidents before 1998 (PDF)
Prior versions
- 18-01-02, Benefit Dollar Amounts – Accidents from 1998 (PDF)
- 18-01-03, Benefit Dollar Amounts – Accidents before 1998 (PDF)
Policy clarifications
Pre-existing conditions and permanent impairments – issued December 15, 2017
* If you need an accessible version of this document, please contact accessibility@wsib.on.ca