Default in Assessment Payment
PRO 12/2019

Effective date: January 1, 2022

Application: Applies to all defaulting employers.

Policy subject: Employer payroll and premiums

Purpose:

To establish the 2022 penalty for default in assessment payments.

BACKGROUND

  1. The Workers’ Compensation General Regulations, 1985 directs the Workers’ Compensation Board (WCB) to apply a penalty when an employer fails to pay an assessment when it is due (Section 8).
  2. The penalty is a percentage of the amount in default, including any prior penalties, and will be equal to:
    1. The Bank of Canada bank rate on October 31 of the prior year, and
    2. Six per cent.
  3. The Bank of Canada rate effective October 31, 2021 is 0.50%.
  4. The Chief Executive Officer (CEO) has the authority to approve updates to the penalty percentage. As this is set in accordance with the specific directions provided in the Regulations, the CEO authorizes the Manager of Corporate Policy to revise this annual penalty following the release of the October 31 Bank of Canada rate.

PROCEDURE

  1. When an employer fails to pay their assessment by the due date, a penalty will be applied to their account in the month following the payment due date.
  2. Effective January 1, 2022:
    1. The annual penalty will be 6.50%.
    2. The monthly rate will be 0.54%.

Policy references

Legislative Authority

The Workers’ Compensation Act, 2013
Section 152

The Workers’ Compensation General Regulations, 1985
Section 8

Document History

(1)    December 8, 2021. Penalty updated by Manager of Corporate Policy for 2022.
(2)    November 9, 2020. Penalty updated by Manager of Corporate Policy for 2021.
(3)    PRO 53/2018, Default in Assessment Payment – 2019 (effective January 1, 2019 to December 31, 2019).
(4)    PRO 58/2017, Default in Assessment Payment – 2018 (effective January 1, 2018 to December 31, 2018).
(5)    PRO 59/2016, Default in Assessment Payment – 2017 (effective January 1, 2017 to December 31, 2017).

Complements

POL 12/2020 Employer Coverage and Registration
POL 06/2011 Employer Accounts – Cancellation of Penalties and Interest
POL 22/2014 Employer Accounts – Clearances and Letters of Good Standing
POL 03/2018 Employer Audits
POL 09/2021 Employer Premium Payments
POL 09/2011 Failure to Register a Business
POL 03/2019 Under and Overestimating Payroll – Penalties and Credits

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