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Executive officers of a corporation with employees in construction

The WSIB considers you to be an executive officer in a corporation with employees if:

  • you are  an individual, that controls the direction of the entire organization or key functions of the organization (e.g. operations or finance)
  • your corporation has employees
  • your corporation performs Class G construction work see details in the employer classification manual)

Under the legislation, as an executive officer, you will be insured by the WSIB and your corporation will have to report your earnings and pay premiums to us.

For WSIB purposes, a title such as President or Vice President does not automatically make you an executive officer. To be considered an executive officer, you must be listed as an executive officer on corporate documents and be empowered to act on behalf of the organization.

The WSIB may ask to review the details of your role, responsibilities and authority within your organization to help determine whether you should be considered an executive officer for coverage purposes. Please refer to the policy on Expanded Compulsory Coverage in Construction.

Exemptions from mandatory coverage

If you are exempt from coverage, you will not receive benefits and support from the WSIB, unless you have obtained optional insurance coverage

As an executive officer, you are exempt from mandatory coverage if:

  • the construction work your company does is strictly home renovations and you are always hired and paid by the home’s owner or resident, however, you must still have coverage for your employees.
  • you or one of your fellow executive officers doesn’t perform any construction work or provide direct on-site supervision of employees, one of you can apply to be exempted from coverage. You will need to apply for this exemption by filling out form 1208WA (PDF). The exemption is effective the date we receive the signed form at the WSIB. Any non-exempt executive officers who don’t perform construction work or provide direct on-site supervision, can apply for a separate reduced rate group. You will need to apply for this separate Rate Group 755 – Non-Exempt Partners and Executive Officers in Construction, by filling out form 1209WA (PDF) (please be aware that the WSIB might request documents to support your application).

If you are allowed an exemption and your situation changes making you no longer eligible for exemption, you must notify the WSIB within 10 days.

Calculating insurable earnings

  • Businesses in construction must calculate the amount of premiums owed and report and pay the amount to the WSIB. The calculation of premiums is based on the insurable earnings paid to your employees and executive officers.
  • The WSIB sets a minimum amount of insurable earnings for sole proprietors, partners and executive officers of a corporation in construction if they have not been in business for over a year.

Premium = insurable earnings x premium rate ÷ 100

Here’s how:

  • If executive officers are paid a regular employment income throughout the year, the corporation must report the actual earnings of those executive officers for each reporting period up to the annual maximum amount. If the corporation has employees, it must also report their earnings. Regular earnings include T4, T4A, T5 Dividends, and Directors Fees.
  • If executive officers are not paid regular employment income throughout the year, the corporation must estimate and report the annual insurable earnings it will pay to executive officers for each reporting period (e.g. quarterly or monthly). Your reporting frequency is found in the letter you received when you first registered with us.
  • Add this figure to your employees’ gross wages for the reporting period and multiply the result by the premium rate assigned to the type of work you do.
  • Divide this number by 100. This will give you your total premium payable for the reporting period.
  • If actual earnings turn out to be different than the amount reported, please let us know.

Premiums

Reporting and paying premiums is a two-step process. Report your premiums and pay online.

For more information see:

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