The proposed changes could apply to individuals receiving Loss-of-Earnings benefits and workers at privately operated Residential Care Facilities and Group Homes in the Province
Summary
The Government of Ontario has recently announced that it would table legislation that, if passed, would expand both mandatory Workplace Safety and Insurance Board (“WSIB”) coverage to frontline care workers in all privately operated residential care facilities, retirement homes, and group homes. The Government also announced proposed changes that would increase WSIB Loss-of-Earnings (“LOE”) benefits for the first time in nearly 30 years.
According to press releases from the Ministry of Labour, Immigration, Training and Skills Development, the proposed expansion is one step in the Government’s “plan to protect workers and build a more resilient Ontario.” The proposed changes appear to be a response to a changing demographic of workers in Ontario and, more specifically, a historical coverage gap for frontline care workers in privately operated residential care facilities, as compared with publicly operated facilities (and most other employers in Ontario), which are subject to mandatory WSIB coverage.
WSIB Coverage
The WSIB is Ontario’s no-fault collective liability insurance system, which provides wage-loss benefits, medical coverage, and support to individuals following an injury or illness that is work-related. Over 75% of Ontario employers are subject to mandatory WSIB coverage. However, there are some employers who are excluded from this mandatory coverage.
Currently, only residential care facilities that are publicly operated are subject to mandatory WSIB coverage. Pursuant to O Reg 175/98 under the Workplace Safety and Insurance Act, 1997, SO 1997, c. 16, Sched. A, residential care facilities operated by a private employer and group homes are explicitly excluded from mandatory WSIB coverage.
The Proposed Legislation
If passed, the proposed legislative changes would expand protection to eligible frontline care workers by requiring privately operated residential care facilities, retirement homes, and group homes to maintain WSIB coverage.
According to the Government, the following are examples of workers that could be eligible for coverage pursuant to the proposed legislation: personal support workers, registered nurses, social workers, occupational therapists, and operations staff.
In its news release, the Government of Ontario estimated that the legislation would serve to provide protections to 29,000 additional frontline care workers.
Increase to Loss-of-Earnings Benefits
As part of its broader efforts to enhance worker protections, the Government of Ontario has also announced proposed changes to WSIB benefits that would impact eligible workers across covered workplaces.
If passed, these changes would increase LOE benefits from 85 per cent to 90 per cent of a worker’s take-home pay. This would mark the first increase to income replacement benefits in almost 30 years.
The Government has also proposed amendments aimed at addressing t the growing number of workers remaining in the workforce beyond age 65. Under the current framework, LOE benefits automatically cease at age 65. The proposed changes would provide the WSIB with discretion to continue paying benefits to eligible workers who had intended to keep working past that age.
These changes are part of a broader legislative package aimed at modernizing the workplace safety and insurance system and responding to changing workforce demographics. As such, changes could continue to be announced.
Takeaways
Employers covered by the WSIB should be aware of the new changes impacting the scope of benefits available for workers. The expansion of LOE benefits for workers past the age of 65 is particularly important as it, evidently, lengths employer’s liability for workers in receipt of such benefits past the “retirement age”.
Employers with workers on LOE benefits or those who operate private residential care facilities, long term care homes, and/or group homes are encouraged to contact their regular lawyer at the firm in order to determine how these proposed changes may affect their workplace.
As this is a developing topic, we will continue to provide updates on the status of the proposed legislation to ensure that affected employers stay apprised.
Need More Information?
For more information or assistance in light of the proposed changes to mandatory Ontario WSIB coverage, please contact Aileen Gardiner at agardiner@filionlaw.com or Rebecca Rosenberg at rrosenberg@filionlaw.com, or your regular lawyer at the firm.