Kathryn Kissinger HR Services 2013Bill 119 & Business Renovations
Bill 119 & Business RenosHere’s another example of the government passing alaw, and making the average Business Ownerresponsible to enforce it.Haven’t heard of Bill 119 yet? Unless you are aConstruction Contractor, you likely haven’t.This Bill requires all contractors who performcommercial renovations to register with andparticipate in WSIB premium payments.Kathryn Kissinger HR Services 2013
Why is this bill important to other typesof businesses?Bill 119 applies to renovations to or the buildingof premises that are used for your businesspurposes.This Bill requires the “principle” (that is, the personor company/organization that actually pays forthe work being done) to ensure the Contractorbeing hired is compliant with WSIB.Kathryn Kissinger HR Services 2013
Requirement for Clearance CertificatesThe Principle must obtain Clearance Certificatesfrom the Contractor before any work can begin.These Certificates prove that the Contractor is incompliance with WSIB, to ensure that no-onemisses any premiums.Clearance Certificates are only valid for 90 days,(and they all expire at the same time, every 90days!).Kathryn Kissinger HR Services 2013
Here’s an Example: Home based business owner hires a contractor to turn spare bedroominto office, requiring minor carpentry, drywall and electrical work. The Business owner must obtain, from the Contractor (preferably) orWSIB, a Clearance Certificate which states the Contractor is up to dateand in compliance with WSIB and premium payments. TheseCertificates must be kept by both parties for 3 years after the enddate of the project. If the Business owner fails to obtain this Clearance and the contractoror his/her employee is injured on this job, the Principle (Businessowner) becomes liable to WSIB for the missing premiums.Kathryn Kissinger HR Services 2013
Here’s an Example: If the Contractor then hires another sub-Contractor (anelectrician, for example), the Principle and the originalContractor must both obtain the Clearance Certificatefrom the (electrician) sub-Contractor.This Bill also applies to a business such as a retail businesshiring a contractor to remodel the store and to a landlordwho hires a contractor to perform work on tenant-occupieddwellings.Kathryn Kissinger HR Services 2013
It’s the Law…Failure to obtain these Clearance Certificates constitutes thefollowing Offences under Sections 149 through 158 of theWSIA: Failure to comply with Registration Making a false declaration Failure to report a material change in circumstances Failure to register Failure to get a clearance certificate and keep themfor 3 yearsKathryn Kissinger HR Services 2013
PenaltyIf convicted of these offences under the Act, thefollowing penalties apply:1. If the person is an individual, he or she isliable to a fine not exceeding $25,000 or toimprisonment not exceeding six months or toboth.2. If the person is not an individual (i.e.registered as a corporation or a partnership), theperson is liable to a fine not exceeding $100,000.Kathryn Kissinger HR Services 2013
Helpful Links:WSIAhttp://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_97w16_e.htm#BK186e-Clearancehttps://eservices.wsib.on.ca/portal/server.pt/community/eservicespublic/eclearanceWSIB main page http://www.wsib.on.ca/enKathryn Kissinger HR Services 2013
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