For more information and to determine if you are required to have WSIB, contact Canada Revenue Agency or your province's workplace safety department.
Note: the information provided was current at time of posting. Changes to laws occur frequently, so you should independently find out up-to-date information where you live and work.
All businesses must register with The Workplace Safety and Insurance Board Ontario (WSIB). WCI is mandatory for workers in the construction business, including partners, independent operators, sole proprietors, or executive officers in corporations who are working labourers as well. The moment a business hires an employee, they must cover the employee’s WCI. People who work under contracts for service and do not employ any workers are considered IOs. An IO agrees to do specific work in return for payment - this could include Private and Personal Chefs. The payer does not necessarily control the way in which the work is done, or the times and places it is done.
WSIB decision-makers review the information provided that is relevant to the terms and conditions for service, i.e., invoices, contracts, purchase orders, business cards, etc. When all of the criteria considered together indicate the person has a separate business that is not integrated into the employer’s business, the WSIB considers that person to be an IO. If, however, the WSIB decides the person does not have a lot of independence in doing the work and that his/her decisions have an insignificant effect on his/her opportunity to earn a profit or suffer a loss, it considers that person to be a worker. If the WSIB concludes the person is a worker, you will need to pay premiums to the WSIB for that worker's wages and comply with all other WSIB policies. If the person is an IO, you need to take action to protect yourself and your business from financial risk.
In BC, principals are considered workers in their company. The principals of incorporated companies with employees are entitled to the same WCI they provide for their workers. i.e. If you are self-employed and operate as a proprietor or a partner in a partnership, you may be eligible to purchase optional coverage to cover your lost salary and medical expenses if you are injured on the job as the result of your work. There is no requirement for you to register for coverage if you are self-employed and do not hire any workers or unregistered subcontractors.
If you're a business owner, you're not automatically covered by workers' compensation benefits—only your workers are. Don't worry though, optional personal coverage is available to you. This coverage is available to:
Business owners with or without workers.
Partnerships with workers.
Directors of a corporation and members of a society, board, authority, commission or foundation.
If you hire a contractor or subcontractor who doesn't have WCB-Alberta coverage, you may be responsible for coverage if the contractor or one of their workers is injured. Providing coverage not only protects the worker, it also protects you from lawsuit if an injury happens.
Employers who hire employees in Saskatchewan are obligated to register with the Saskatchewan WCB. It is also mandatory that their workers are covered under WCI.
WCI coverage is mandatory for most business with their own employees. In general, contract workers in mandatory industries are required to have their own coverage.
Any employer who hires three or more workers at any time in one year must register with WorkSafe NB for WCI coverage, no matter if they are full-time, part-time, or casual employees. This is considered mandatory coverage. Voluntary coverage may be requested by an employer who has fewer than three employees hired in a year. However, this coverage may not be granted.
NEWFOUNDLAND AND LABRADOR
All businesses must be registered with the Workplace Health, Safety & Compensation Commission of Newfoundland and Labrador (WHSCC). Homeowners must ensure that contractors are registered to avoid being potentially liable for either the WHSCC assessments or directly liable in case of injury.
NORTHWEST TERRITORIES AND NUNAVIT
WIC coverage is mandatory i.e. all businesses and employers must register with Workers’ Safety and Compensation Commission (WSCC).
PRINCE EDWARD ISLAND
Every business must register with the Prince Edward Island WCB and most are required to have WCI coverage for one or more employees. WCI covers full-time, part-time, contract, or family members on payroll. The Worker’s Compensation Act does not automatically cover employers of businesses, individual operators, business directors, or executive officers of corporations. Optional insurance can be purchased by these individuals.
All employers with at least one employee must register with the Quebec WCB. The Act Respecting Industrial Accidents and Occupational Diseases (AIAOD) demands that all workers (including apprentices, full and part-time workers, and contract workers) are covered by their employers under WIC. Personal coverage may be purchased for proprietors, executive officers, sole owners.
It is mandatory that employers register with the Yukon Workers’ Compensation Health & Safety Board (YWCHSB) and pay their assessments as WCI is mandatory for workers. Employers must register with YWCHB within 10 days of hiring their first employee.
Member benefits and coverage are subject to change without notice. For more information on protecting your Chef business, please contact our office.