Reborn Renos, home

Guides

Do I need a WSIB clearance certificate before a contractor works on my rental property?

Usually, yes. Under Ontario's Workplace Safety and Insurance Act, 1997, a person who directly retains a contractor to perform construction work shall obtain a clearance certificate before permitting the contractor to begin. Without one, that person is liable for the contractor's unpaid WSIB payments for the work. The exception is exempt home renovation work, on a home the person who hires lives in or will live in, or their family does.

What does the Act say?

It sets the order of things: Before permitting the contractor or subcontractor to begin construction work, the person shall obtain a certificate or a copy of a certificate issued under subsection (3). (Workplace Safety and Insurance Act, 1997, s. 141.2(2)) The certificate comes from the Board when it is satisfied that the contractor or subcontractor has registered with the Board and complied with the payment obligations under this Act, and it states the period during which the certificate is in effect. (s. 141.2(3)) So on a long job, check the dates and ask for a current one.

What happens if I skip it?

The contractor's unpaid premiums can become yours. A person who directly retains a contractor for construction work shall ensure that the contractor or subcontractor complies with the contractor’s or subcontractor’s payment obligations under this Act in respect of the work; and is liable for those obligations, to the extent that the contractor or subcontractor does not comply with them. (s. 141.1(2)) Getting the certificate is the way out of that: Subsections (1) to (7) do not apply in respect of a person who complies with section 141.2. (s. 141.1(9)) The Act also gives a right to be paid back by the contractor, but that is a claim to chase, not money in hand.

Is a home renovation different?

Yes, narrowly. The duty does not apply to exempt home renovation work, which the Act defines as construction work performed by an independent operator, a sole proprietor, a partner in a partnership or an executive officer of a corporation, and on an existing private residence that is occupied or to be occupied by the person who directly retains them, or by a member of the person’s family. (s. 141.1(8) and s. 12.2(10)) As we read it, a rental unit that the owner and the owner's family do not live in is not a residence occupied by the person who hires, so the exception does not reach it. A building, a property manager or a company hiring for a tenant's unit is the usual case for a certificate.

Is Reborn Renos covered by WSIB?

Yes. Reborn Renos is insured and covered by WSIB. Ask for the certificate with the quote, and again on a job that runs past the certificate's dates. It sits in the same folder as the payment rules in holdback and prompt payment and, for an older building, the asbestos check before renovating.

What work is this about?

Construction work on your property: property turnovers, apartment and commercial renovations, new rental units and the repairs in between. A manager who hires for several owners can keep one certificate on file per contractor and check its dates; see work for property managers. We work in Beamsville, Lincoln, Grimsby, Stoney Creek, Hamilton, St. Catharines, Thorold and Niagara Falls. Call (905) 920-1418, Monday to Saturday, 7 am to 7 pm, or send the details on the request page.

This is a plain summary, not legal advice. The linked Act and the Board are what count.

Tell us about the property.

Call Monday to Saturday, 7 am to 7 pm, or email the details and a few photos. No job is too small.

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