Reform of Ontario's workers' compensation system

A quick guide to what's happening at Queen's Park - including discussion in the House and Committees of workers' compensation issues, legislative initiatives and changes, oversight of the Board.

Standing Committees

see Committee debates and schedule

February 24, 2010 : Standing Committee on Public Accounts [Auditor General's 2009 report - Workplace Safety and Insurance Board - unfunded liability]
Testimony from the Board

April 20-21, 2009 : Standing Committee on Social Policy [Bill 152 - Poverty Reduction Act]
Thunder Bay & District Injured Workers' Support Group: Presentation ‌ Written submission
Injured Workers' Consultants: Presentation ‌ Written submission

November 17-18, 2008 : Standing Committee on Social Policy [Bill 119 on coverage] - Written submission of Injured Workers' Consultants [Nov. 17]

September 12, 2008 : Standing Committee on Government Agencies [review of the WSIB] Hansard [pdf]

January 24, 2008 : Standing committee on Finance and Economic Affairs [pre-budget consultations] Presentation by Thunder Bay & District Injured Workers Support Group

April 26, 2007 : Standing Committee on Finance and Economic Affairs [Bill 187, 2007] Presentations: Injured Workers' Consultants ‌ Toronto Workers' Health & Safety Legal Clinic ‌ Ontario Network of Injured Workers' Groups

February 27 & Mar.1, 2007 : Standing Committee on Government Agencies [review of the WSIB] Hansard February 27 ‌ March 1
Presentations by the WSIB, Ontario Federation of Labour, Canadian Manufacturers & Exporters, Canadian Federation of Independent Business, Industrial Accident Prevention Association, Les Liversidge, Industrial Accident Victims' Group of Ontario.
Includes discussion of experience rating, COLA / indexation, fraud, deeming, coverage, unfunded liability, occupational disease policy, worker health & safety agencies.

House Debate

December 8, 2009: Questions to the Deputy Premier on the Auditor General's report and WSIB's unfunded liability; Chair Steve Mahoney. ⁄ Tim Hudak ; Dwight Duncan. [Text]

December 3, 2009: Question to the Minister of Labour on injured workers (benefits, 18th annual demonstration). ⁄ Paul Miller ; Peter Fonseca. [Text]

November 5, 2009: Question to the Minister of Labour on volunteer firefighters and workers' compensation protection. ⁄ Ted Arnott ; Peter Fonseca. [Text]

October 28, 2009: Question to the Minister of Labour on experience rating. ⁄ Paul Miller ; Peter Fonseca. [Text]

October 22, 2009: Private member's motion on College of Trades - skills training, Working Families Coalition, WSIB, construction industry and unions. ⁄ Robert Bailey (& responses) [Text]

October 1, 2009: Question to the Minister of Labour on WSIB finances. ⁄ Randy Hillier ; Peter Fonseca. [Text]

September 29, 2009: Question to the Minister of Labour on status of workplace violence and harassment legislation (Bill 168, 2009) ⁄ Pat Hoy ; Peter Fonseca. [Text]

September 28, 2009: Question to the Minister of Training on skills training. ⁄ Elizabeth Witmer ; Peter Milloy [Text]

September 17, 2009: Questions to the Minister for Women's Issues on workplace violence. ⁄ Laurel Broten ; Deb Matthews ; Peter Fonseca. [Text]

June 2, 2009: Question to the Minister of Labour on workers' compensation reform, indexing of benefits. ⁄ Paul Miller ; Peter Fonseca. [Text]

June 1, 2009: Statement by the Minster & responses in commemoration of Injured Workers' Day. ⁄ Peter Fonseca ; Robert Bailey ; Paul Miller. [Text]

May 26, 2009: Question to the Minister of Labour on firefighters' compensation. ⁄ Garfield Dunlop ; Peter Fonseca. [Text]

May 25, 2009: Member's statement on workplace fatalities family bill of rights, access to information. ⁄ France Gelinas. [Text]

May 14, 2009: Member's statement on WSIB's unfunded liability; Provincial Auditor. ⁄ Robert Bailey. [Text]

May 11, 2009: Question to the Minister of Labour on experience rating. ⁄ Paul Miller ; Peter Fonseca. [Text]

April 1, 2009: Question to the Premier on hiring practices. ⁄ Paul Miller ; Dalton McGuinty. [Text]

March 24, 2009: Question to the Minister of Labour on preventions of RSI and musculoskeletal disorders. ⁄ Khalil Ramal ; Peter Fonseca. [Text]

March 12, 2009: Question to the Minister of Labour on experience rating, Morneau Sobeco report & Toronto Star articles. ⁄ Paul Miller ; Peter Fonseca. [Text]

March 10, 2009: Question to the Minister of Labour on compensation for firefighters. ⁄ Paul Miller ; Peter Fonseca. [Text]

March 9, 2009: Member's statement on Occupational Cancer Research Centre. ⁄ Laura Albanese. [Text]

March 2, 2009: Question to the Minister of Labour on protection of miners (following CBC expose on silicosis claims). ⁄ France Gelinas ; Peter Fonseca. [Text]

February 26, 2009: Statement by the Minister & responses on RSI Day, musculoskeletal disorders. ⁄ Peter Fonseca ; Robert Bailey ; Andrea Horwath. [Text]

December 12, 2008: Member's statement on workers' compensation (re injured workers' rally). ⁄ Paul Miller. [Text]

December 4, 2008: Private member motion re unfunded liability. ⁄ Robert Bailey ; Peter Kormos ; Vic Dhillon et al. [Text]

November 24,20,19,6,5, October 20, 2008: Questions to the Minister on Bill 119, independent coverage and small business.

November 4, 2008: Question to the Minister of Labour on workplace inspection (cost to employer of accident). ⁄ Bill Mauro ; Peter Fonseca. [Text]

September 25, 2008: Question to the Minister of Labour on experience rating. ⁄ Paul Miller ; Peter Fonseca. [Text]

June 2, 2008: Member's statement on Injured Workers' Day. ⁄ Khalil Ramal [Text]

June 2, 2008: Question to the Deputy Premier on the promise to eliminate deeming made last Injured Worker's Day. ⁄ Paul Miller ; George Smitherman. [Text]

May 14, 2008: Opposition Day motion on the Workplace Safety and Insurance Board's experience rating program.[Text]

April 28, 2008: Statements to the House on the Day of Mourning.[Text]

April 28, 2008: Question to the Minister of Labour. ⁄ Howard Hampton ; Brad Duguid. [Coverage] [Experience rating]

April 28, 2008: Question to the Minister of Labour on workplace safety. ⁄ Laura Albanese ; Brad Duguid. [Text]

April 17, 2008: Question to the Minister of Labour on experience rating. ⁄ Paul Miller ; Brad Duguid. [Text]

April 10, 2008: Question to the Minister of Labour on experience rating. ⁄ Paul Miller ; Brad Duguid. [Text]

April 9, 2008: Question to the Minister of Labour on experience rating and call for WCB Chair's resignation. ⁄ Paul Miller ; Brad Duguid. [Text]

April 7, 2008 : Question to the Minister of Labour on experience rating and the WCB's review. ⁄ Paul Miller ; Brad Duguid. [Text]

April 3, 2008 : Question to the Minister of Labour on Board salaries & unfunded liability. ⁄ Robert Bailey ; Brad Duguid. [Text]

March 17, 2008: Question to the Minister of Agriculture on farm injuries. ⁄ Pat Hoy ; Steve Peters. [Text]

December 13, 2007 : Question to the Minister of Labour on health care equipment supplies for injured workers. ⁄ Gilles Bisson ; Brad Duguid. [Text]

December 11, 2007 : Question to the Minister of Labour on government assistance for injured workers in Hamilton and the province. ⁄ Sophia Aggelonitis ; Brad Duguid. [Text]

December 11, 2007 : Question to the Minister of Labour on the Christmas Demo, Friedland formula. ⁄ Paul Miller ; Brad Duguid.[Text]

May 30, 2007 : Statement by the Minister of Labour and responses on Injured Workers' Day. ⁄ Steve Peters ; Gerry Martiniuk ; Andrea Horwath. [Text]

December 19, 2006 : Question to the Minister of Labour on repetitive strain injury. ⁄ John Milloy ; Steve Peters. [Text]

December 7, 2006 : Question to the Minister of Labour on the Brock Smith reports and extending coverage of workers' compensation. ⁄ Andrea Horwath ; Steve Peters.[Text]

November 20, 2006 : Question to the Minister of Labour on indexation of compensation benefits. ⁄ Andrea Horwath ; Steve Peters. [Text]

October 16, 2006 : Question to the Minister of Labour on delayed compensation for Dryden pulp mill workers exposed to toxic chemicals. ⁄ Howard Hampton ; Steve Peters. [Text]

June 1, 2006 : Statement by the Ministry & Responses - Injured Workers' Day. [Text]

Legislation

Bill 218, Workplace Safety and Insurance Amendment Act (Alernate Insurance Plans), 2009
(Private Member's Bill - Ontario Legislative Assembly. 39th Legislature, 1st session)
Introduced November 16 by Randy Hillier, MPP - Lanark-Frontenac-Lennox Addington (PC), Bill 218 would allow an employer, at any time, to opt to participate in an insurance plan that is offered by a private-sector insurer, instead of the current public plan established under the Act, if the alternate plan offers comparable benefits to the employer's workers as of the date that the amendments to the Act come into force. Second reading, November 19 [debate] ; lost on division. Bill [pdf]

Bill 169, Workplace Safety and Insurance Amendment Act (Firefighters), 2009
(Private Member's Bill - Ontario Legislative Assembly. 39th Legislature, 1st Session)
Introduced April 21, 2009 by Ted Arnott, MPP - Wellington-Halton Hills (PC), this bill extends presumptions to all firefighters , including volunteer firefighters. Second reading debate;lost on division May 14.
Bill [pdf]

Bill 168, Occupational Health and Safety Amendment Act, 2009
(Government Bill - Ontario Legislative Assembly. 39th Legislature, 1st Session)
Introduced April 20, 2009 by Peter Fonseca, Minister of Labour, this bill addresses workplace violence and harassment. Second reading, Oct. 20; sent to Standing Committee on Social Policy
Bill [pdf]

Bill 119, Workplace Safety and Insurance Amendment Act, 2008
(Government Bill - Ontario Legislative Assembly. 39th Legislature, 1st Session)
Introduced October 28, 2008 by Peter Fonseca, Minister of Labour, this bill addresses mandatory coverage in the construction industry. Second reading debates October 29-30, November 3-6. Considered by Standing Comittee on Social Policy (public hearings) Nov. 17-18, 24. Third reading Nov. 26, Royal Assent Nov. 27.
Bill [pdf] ‌ Debates ‌ Background

Bill 84, Occupational Health and Safety Amendment Act, 2008
(Private Member's Bill - Ontario Legislative Assembly. 39th Legislature, 1st Session)
Introduced June 2, 2008 by Andrea Horwath, MPP - Hamilton Centre (NDP)
Bill [pdf]
"The bill amends the Act to create a registry of workplace deaths, critical injuries and occupational illnesses, information that is currently provided to the Minister of Labour. The online registry would make it available to everyone."

Bill 221, Workplace Safety and Insurance Amendment Act (Presumptions for Firefighters), 2007
(Government Bill - Ontario Legislative Assembly. 38th Legislature, 2nd Session)
Introduced May 3, 2007 by the Minister of Labour (based on Andrea Horwath's Private Member Bill 111, May 2006); Second and third reading May 3, Royal assent May 4, 2007.
Bill [pdf] ‌ Debates ‌ Background

Bill 187, Budget Measures and Interim Appropriations Act, 2007
(Government Bill - Ontario Legislative Assembly. 38th Legislature, 2nd Session)
Introduced March 22, 2007 by the Minister of Finance. Second reading (carried and referred to the Standing Committee on Finance and Economic Affairs) April 17, 2007. Public hearings (Toronto) April 25-26, 2007; reported as amended May 2, ordered for third reading May 9, carried on division May 10, Royal Assent May 17 (all sections in force July 1, 2007 except s.10(2))
S.O. 2007 c.3 (Bill 187 as passed)
Bill (1st reading) - Schedule 41: Workplace Safety and Insurance Amendment Act. [Debates ‌ Background ‌ Injured workers' responses]

Bill 177, Workplace Safety and Insurance Amendment Act, 2006
(Private Member's Bill - Ontario Legislative Assembly. 38th Legislature, 2nd Session)
Introduced December 19, 2006 by Jennifer Mossop, MPP - Stoney Creek (Liberal)
Bill [pdf]

"...This bill addresses two key issues brought to me by injured workers in Ontario. The first says that the Workplace Safety and Insurance Board will consider employment or business positions which are both suitable and available to the worker when determining the worker's post-injury earnings, and second, it will permit additional circumstances when the board may review a worker's loss-of-earnings benefit after the 72-month lock-in.

I would like to thank Rob Walters, Bill Wrye and Steve Peters for their help and support in crafting this bill."

Bill 168, Workplace Safety and Insurance Amendment Act, 2006
(Private Member's Bill - Ontario Legislative Assembly. 38th Legislature, 2nd Session) Introduced December 5, 2006 by Michael Gravelle, MPP - Thunder Bay - Superior North (Liberal)
Bill [pdf]
"...This legislation, if it is passed, will go a long way to restoring fairness and balance to the workers' compensation system by annually indexing workers' benefits to the consumer price index, thus creating a cost-of-living increase for injured workers.

I appreciate the all-party support for this bill, and I want to particularly thank the Thunder Bay and District Injured Workers Support Group for their perseverance in moving this legislation forward." (Hansard Dec. 5, 2006)

Summary: The Bill amends the Workplace Safety and Insurance Act, 1997 by creating a single general indexing factor based on the percentage change in the Consumer Price Index for the previous year.

Bill 162, Workplace Safety and Insurance Amendment Act (Indexing), 2006
(Private Member's Bill - Ontario Legislative Assembly. 38th Legislature, 2nd Session). Introduced November 22, 2006 by Andrea Horwath, MPP - Hamilton East (NDP)
Bill [pdf]

Summary: Currently, the Workplace Safety and Insurance Act, 1997 provides for two indexing factors to be applied each year to amounts payable under Part VI (Insured Payments). The indexing factor to be used depends on the type of payment. One indexing factor is equal to the percentage change in the Consumer Price Index. The other indexing factor is calculated by reducing the percentage change in the Consumer Price Index according toa formula set out in the Act.

The Bill amends the Act to remove the reduced indexing factor. The Bill also provides for the unreduced indexing factor to apply to all payments made on or after January 1, 1994. If any payment made to a person on or after that date was less than the amount that would have been paid using the unreduced indexingfactor, the Board must pay the difference to the person. Amendments addressing transitional matters are also included.

Bill 111, Workplace Safety and Insurance Amendment Act (Bob Shaw), 2006
(Private Member's Bill - Ontario Legislative Assembly. 38th Legislature, 2nd Session) Introduced May 4, 2006 by Andrea Horwath, MPP - Hamilton East (NDP). 2nd reading October 5 - referred to Standing Committee on General Government.
Bill [pdf]

"...this bill, which will basically see that firefighters get certain types of cancer or degenerative neurological diseases recognized as occupationally related and enshrined in the legislation of the WSIB. It's long overdue; other provinces have done it. This is Ontario's opportunity to make sure that our firefighters, who put their lives on the line every day for the people of every community in this province, don't have to fight tooth and nail at the WSIB when one of their loved ones ends up dying of a disease that they contracted while fighting fires...." (Hansard, May 4, 2006)

Bill 86, Ontario Workers' Memorial Act, 2006
(Private Member's Bill - Ontario Legislative Assembly. 38th Legislature, 2nd Session)
Introduced March 30, 2006 by Khalil Ramal, MPP - London Fanshawe (Liberal). 2nd reading May 11 - referred to Standing Committee on Social Policy
2nd reading - Hansard ‌ Bill [pdf]

Summary: "...This bill is not new to this place. It was first introduced by the late Dominic Agostino -- many people in this place remember him -- on May 21, 2003. That's why the first time I introduced this bill was in memory of my colleague, who died battling a disease he suffered from for a long time. I thought the first time that it was important to continue his journey as a fighter for the working people of this province. I didn't get the chance to pass that bill in the past, and I strongly hope that this time, this bill will see the light.My bill is to establish a memorial for the workers who get injured and die in workplaces. It's important to note that almost 49 cities and towns across Ontario have such memorials to recognize the injured workers who died on the job. Many people have spoken about it in the past, especially since we just passed April 28, the International Day of Mourning for Workers. Many people, many unions and many workers celebrate that international day to recognize the effort workers put towards building communities, especially in the province of Ontario..."