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Document name

Default in Assessment Payment

Document number

PRO 12/2019

Effective date: January 1, 2020

Application: Applies to all defaulting employers.

Policy subject: Employer payroll and premiums

Purpose:

To establish the 2021 penalty for default in assessment payments.

BACKGROUND

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).
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.
The Bank of Canada rate effective October 31, 2020 is 0.50%.
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

When an employer fails to pay their assessment by the due date, a penalty will be applied to their account.
Effective January 1, 2021:
1. The annual penalty will be 6.50%.
2. The monthly rate will be 0.54%.

Policy references

Section heading

Legislative Authority

The Workers’ Compensation Act, 2013

Section 152

The Workers’ Compensation General Regulations, 1985

Section 8

Section heading

Document History

(1)   November 9, 2020. Penalty updated by Manager of Corporate Policy for 2021.
(2)   PRO 53/2018, Default in Assessment Payment – 2019 (effective January 1, 2019 to December 31, 2019).
(3)   PRO 58/2017, Default in Assessment Payment – 2018 (effective 01 January 2018 to 31 December 2018).
(4)   PRO 59/2016, Default in Assessment Payment – 2017 (effective 01 January 2017 to 31 December 2017).