WSIB's Zero Tolerance Strategy regarding fraud
In 1997 the Workplace Safety and Insurance Board announced a Zero Tolerance Strategy to ensure compliance and combat fraud. The Strategy included increased resources, a "tips" Action Line, and the authority to conduct surveillance. The WSIB will identify non-compliance, fraud and irregularities by workers, employers, providers and suppliers, and take appropriate action.
Examples of fraud or non-compliance
Examples of possible offences that can be committed by an employer include:
- Failing to register within 10 days of becoming an employer (Sec. 151(1), Workplace Safety and Insurance Act)
- Deducting workers' compensation expenses from workers' wages (Sec. 155(2), Workplace Safety and Insurance Act)
- Failing to notify WSIB within 3 days of learning of a worker's accident that requires health care or causes the worker to earn less than full wages (Sec. 152(3), Workplace Safety and Insurance Act)
- Failing to allow examination of payroll records by authorized persons attempting to confirm correct reporting of wages (Sec. 153(1), Workplace Safety and Insurance Act)
- Making a false statement or representation to WSIB relating to benefit entitlement (Sec. 149(1), Workplace Safety and Insurance Act)
- Failing to inform the Board of a material change in circumstances within 10 days (Section 149(3), Workplace Safety and Insurance Act)
- Failing to keep accurate records of all wages paid to employer?s workers (Section 152(1), Workplace Safety and Insurance Act)
- Failing to produce records of all wages paid to employer workers (Section 152(1.1), Workplace Safety and Insurance Act)
Penalties for fraud and submitting false information
What is the penalty for submitting false information under the Workplace Safety and Insurance Act?
Persons convicted under the Act can be subject to a fine of up to $25,000 and/or six months in jail for each offence. Corporations convicted under the Act can be fined up to $100,000 for each offence.
The court may also order restitution of the full amount of money received in the commission of the offence.
(Sec. 158 (1), 149 (5) of the Workplace Safety and Insurance Act)
What is the penalty for fraud under the criminal code?
Persons who commit a fraud exceeding a value of $5,000 can be sentenced to imprisonment for up to 10 years. Penalties may also include fines, probation, and/or an order to pay full restitution.
The WSIB's zero tolerance fraud prevention strategy counts on the public to provide leads.
What can you do if you suspect someone is being dishonest with WSIB?
You can use our toll-free Action Line or email address to report suspected cases of non-compliance and fraud.
What happens after you report suspected fraud or non-compliant behavior?
A call record is created to record and track suspected fraud or non-compliant behaviour and may be counted as part of our statistical reporting. All call records are referred to the Regulatory Services Division for review and to determine appropriate action. Some call records are kept in the Regulatory Services Division to be investigated and some may be sent back to the operational areas within the WSIB, for administrative action.
What steps are taken to protect your identity?
- When reporting fraud or non-compliant behaviour you are not required to provide your name, address, or any other information that may identify you
- Please be aware that under the Freedom of Information and Protection of Privacy Act and the Workplace Safety and Insurance Act any information you provide may be released to people including, but not limited to, the worker, the employer and their representatives
- When you email us directly from the WSIB website, we do not capture your email address. However, information you submit to us using your own email allows for your email address to be tracked.
- Every reasonable effort will be made to protect your personal identity
- Information you submit to us using the Internet is not secure while in transit to us
- You may wish to call our toll-free action line
Call toll-free: 1-888-SI-LEADS (1-888-745-3237) between 8 a.m. and midnight, Monday to Friday
Email us at: email@example.com 24 hours a day, 7 days a week