One-person crews and WSIB coverage.

The rule since 2013

Since 2013, most people who work in construction in Ontario must have WSIB coverage, including independent operators, sole proprietors and partners. A one-person crew is not exempt just because it has no employees.

Who is covered

• Independent operators: a person working alone in construction, with no employees, who is paid as a business rather than as a worker.
• Sole proprietors and partners who do construction work themselves.
• Executive officers of a construction corporation who work on site.

The narrow exemptions

• One executive officer or one partner per business may be exempt if that person does no construction work on site, and the business has to apply for the exemption.
• Work done directly for a homeowner on the homeowner's own residence is outside the mandatory rule for independent operators. That exemption does not apply when the operator is working for you, a contractor.

What this means for a general contractor

When a small sub tells you it does not need WSIB because it has no employees, that answer is usually wrong in construction. Ask for its own clearance certificate the same as any other sub. In Ontario, a contractor who hires a subcontractor without a valid WSIB clearance certificate can be held responsible for the premiums that sub owes WSIB (Workplace Safety and Insurance Act, section 141).

What to ask for

• A clearance certificate in the sub's legal name, valid today.
• If the sub claims an exemption, the WSIB letter confirming it, and a check that the person on your site is not the exempt officer or partner.
• The certificate of insurance, which is a separate document from WSIB coverage.

Keeping it current without chasing

SubProof gives each subcontractor a private upload link, no account needed. It reads the expiry dates you enter, shows every sub as covered, expiring or expired, and emails the sub 30, 14 and 7 days before a document runs out and on the day. You get a Monday summary of who needs attention before you approve the week's payments.

General information, not legal advice. SubProof is not affiliated with WSIB. Confirm your situation with WSIB.