GENERAL, O. Reg. 175/98

JurisdictionOntario

Workplace Safety and Insurance Act, 1997
Loi de 1997 sur la sécurité professionnelle et l’assurance contre les accidents du travail

ONTARIO REGULATION 175/98

GENERAL

Consolidation Period: From December 13, 2023 to the e-Laws currency date.

Last amendment: 387/23.

This Regulation is made in English only.

1. Revoked: O. Reg. 470/16, s. 1 and O. Reg. 349/17, s. 1.

Schedules

2. (1) Schedules 1, 2, 3 and 4 to this Regulation are established as Schedules 1, 2, 3 and 4 for the purposes of the Act. O. Reg. 470/16, s. 2.

(2) Employers in the classes of industries described in Part I of Schedule 1 are included in Schedule 1, unless they are an employer in an industry listed in Part II of Schedule 1. O. Reg. 470/16, s. 2.

(3) Employers in the industries listed in Part II of Schedule 1 are not included in Schedule 1 unless they apply and are deemed to be a Schedule 1 employer under section 74 of the Act. O. Reg. 470/16, s. 2.

(4) The following rules apply with respect to an employer who supplies workers to perform work for another employer on a temporary basis for a fee:

1. If the other employer is in an industry listed in Part I of Schedule 1 and is not in an industry listed in Part II of Schedule 1, the employer who supplies the workers is, in respect of those workers, included in Schedule 1 in the class and subclass, if applicable, of industry that the other employer is included in.

2. If the other employer is in an industry listed in Part II of Schedule 1, the employer who supplies the workers is, in respect of those workers, included in Part I of Schedule 1 in the class and subclass, if applicable, of industry that the other employer would be included in if the industry that the other employer is in were not listed in Part II of Schedule 1.

3. If the other employer is included in Schedule 2, the employer who supplies the workers is, in respect of those workers, included in Part I of Schedule 1 in the class and subclass, if applicable, of industry that the other employer would be included in if the other employer were not included in Schedule 2. O. Reg. 470/16, s. 2.

Exclusions for the Purposes of the Insurance Plan

3. For the purposes of the insurance plan, the following trades, employments, occupations, callings, avocations and services are excluded from the industry that they would otherwise be included in:

1. Foreign diplomat.

2. Competitor in individual or team sports.

3. Stunt performer.

4. Circus performer. O. Reg. 470/16, s. 2.

4. Schedules 1 and 2 of the Act do not include the permanent workers of the fire department of the City of Toronto who are under The Toronto Fire Department Superannuation and Benefit Fund. O. Reg. 175/98, s. 4.

5. Subject to section 13, anything not itself done by the employer as a business or trade or for profit or gain if, but for this section, it would be an industry included in Schedule 1, is excluded from Schedules 1 and 2, except where it is done as a part of or process in or incidentally to or for or for the purpose of an industry included in Schedule 1. O. Reg. 175/98, s. 5.

6.-11. Revoked: O. Reg. 470/16, s. 3 and O. Reg. 349/17, s. 1.

Operations Carried on Partly as a Business

12. The payroll of workers engaged in operations carried on partly as an industry under Schedule 1 and partly as an industry not under Schedule 1 shall be rated and dealt with by the Board as if all the operations were under Schedule 1. O. Reg. 175/98, s. 12.

Speculative Building

13. The construction of,

(a) a house or any part of it by an employer who, within three years before the commencement of the house, has completed or has had completed for the employer the building of another house; and

(b) any building or any part of it to sell or rent in whole or in part,

whether or not it is done or carried on as a business or trade for profit or gain and, if not included in Schedule 2, is included in the class or classes of industries in Schedule 1 to which according to the nature of the work it should belong. O. Reg. 175/98, s. 13.

14. Revoked: O. Reg. 470/16, s. 3 and O. Reg. 349/17, s. 1.

Penalty Amounts

15. The amount under subsection 21 (3) of the Act that an employer shall pay is,

(a) $250; or

(b) if the employer’s failure to notify the Board as required exceeds 30 days in duration, $1,000. O. Reg. 470/16, s. 4.

15.1 (1) The amount under subsection 22.1 (3) of the Act that an employer shall pay is,

(a) $5,000 for each of the first, second and third contraventions that the Board determines occurred;

(b) $7,500 for each of the fourth, fifth and sixth contraventions that the Board determines occurred; and

(c) $10,000 for each subsequent contravention that that Board determines occurred. O. Reg. 470/16, s. 4.

(2) If an employer has not been found to have contravened subsection 22.1 (1) of the Act during a five year period, the first contravention that the Board determines occurred after that period is the first contravention for the purposes of subsection (1). O. Reg. 470/16, s. 4.

(3) If the Board determines that the amount of a penalty that an employer is required to pay under subsection (1) is, by its magnitude, punitive in nature having regard to all the circumstances, then the amount under subsection 22.1 (3) of the Act that the employer shall pay is such lower amount as the Board determines is consistent with the purposes of section 22.1 of the Act but is not punitive in nature. O. Reg. 470/16, s. 4.

Average Earnings of Learners and Students

16. (1) For the purpose of subsection 53 (4) of the Act, the criteria for determining the average earnings of a worker who is a learner or full-time or part-time student are as set out in this section. O. Reg. 175/98, s. 16 (1); O. Reg. 128/23, s. 1 (1).

(2), (3) Revoked: O. Reg. 128/23, s. 1 (2).

(4) The average earnings of a worker who is a learner shall be determined as follows:

1. If the worker was, on the date of injury, receiving any income, including training allowances, social assistance benefits, insurance benefits and employment insurance benefits, that would terminate on the worker’s receipt of payments for loss of earnings under the Act, the worker’s average earnings shall be determined with reference to the total amount of that income.

2. If the worker was not, on the date of injury, receiving any income described in paragraph 1, the worker’s average earnings shall be determined with reference to the minimum wage in effect in Ontario on the date of injury.

3. In making a determination as to average earnings under paragraph 1 or 2, if the worker was employed under a contract of service concurrent with the probationary work program or training program, the Board shall also take into account earnings from the employment.

4. Despite paragraphs 1 and 2, if the worker had accepted an offer of employment that was to begin at the completion of the probationary work program, the training program or a session of such a program, the worker’s average earnings shall be determined with reference to the average earnings the worker would earn in that employment. O. Reg. 175/98, s. 16 (4).

(5) The average earnings of a worker who is a learner shall be recalculated,

(a) when the worker has completed the training program or probationary work; or

(b) if the worker is unable to complete the training program or probationary work as a result of the injury, when the worker would have completed the training program or probationary work if the injury had not occurred. O. Reg. 175/98, s. 16 (5).

(6) The average earnings of a worker recalculated under subsection (5) shall be determined with reference to,

(a) the average earnings of a worker employed by the employer in the same trade as that in which the worker was working when injured;

(b) if the employer does not employ a worker in the same trade as that in which the worker was working when injured, the average earnings of a worker employed in the employer’s locality in the same trade; or

(c) if there is no worker employed in the employer’s locality in the same trade, the average earnings of a worker employed in the closest analogous employment with the employer or others in the locality. O. Reg. 175/98, s. 16 (6).

(7) In making a determination under clause (6) (c), the Board shall consider what the worker’s level of education, aptitude and skills would likely have been at the completion of the training program. O. Reg. 175/98, s. 16 (7).

(8) The average earnings of a worker who is a student shall be determined following the date of injury taking into account,

(a) the rate per week at which the worker was remunerated by each of the employers for whom he or she worked when the worker was injured;

(b) any pattern of employment that resulted in a variation in the worker’s earnings; and

(c) such other information as it considers appropriate. O. Reg. 175/98, s. 16 (8).

(9) The average earnings of a worker who is a student shall be recalculated,

(a) if the worker is unable to complete his or her education as a result of the injury, when the worker would have completed his or her education if the injury had not occurred; or

(b) in any other case, when the worker has ended his or her education. O. Reg. 175/98, s. 16 (9).

(10) The average earnings of a worker recalculated under subsection (9) shall be determined with reference to the average earnings of a worker employed in a job in which the injured worker would likely be employed if the injury had not occurred. O. Reg. 175/98, s. 16 (10).

(11) A determination under subsection (10) shall be based upon the average industrial wage for the year in which the worker’s injury occurred, and upon the worker’s level of education and his or her aptitude and skills at the time of the injury. O. Reg. 175/98, s. 16 (11).

(12) For the purpose of subsection (11), the average industrial wage for a year is the amount determined under subsection 54 (2) of the...

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