What is a WSIB clearance certificate and do I need one?
It is a document from the WSIB confirming an employer’s account is in good standing and that the Board will not pursue the holder for that employer’s unpaid premiums. In Ontario construction it is effectively mandatory before payment. For any other employer, a buyer should still obtain one, because unpaid premiums can follow a business.
Clearance certificates are routine in construction and routinely overlooked everywhere else. For a buyer the function is simple: it converts an unknown liability into a documented position from the regulator itself, at no cost.
What it does and does not say
A clearance certificate states that the named employer’s account is current as at a date, and protects the party holding it from being pursued for that employer’s premium arrears. It is a point-in-time statement — it says nothing about what happens after the date on it, which is why timing a certificate close to closing matters more than obtaining one early.
Construction is the mandatory case
Ontario construction has its own regime: a principal paying a contractor is generally required to obtain a valid clearance before releasing payment, and paying without one can leave the payer liable for the contractor’s unpaid premiums. Anyone buying a construction business inherits that discipline along with the business, and should expect their own customers to ask for it.
Why a buyer outside construction should still get one
Premium arrears can attach to a business rather than only to the person who incurred them, so a buyer who does not check may acquire a liability that never appeared in the financial statements. The certificate costs nothing and is obtained from the WSIB directly, which makes skipping it hard to justify.
Get it near closing and make it a condition
Because the certificate speaks as at a date, a buyer wants one dated as close to completion as practicable, and the purchase agreement should make delivery of a clear certificate a condition of closing. A certificate obtained at the start of diligence and never refreshed proves the position two months before you took on the risk.
Sources
This answer is checked against primary sources. Links were last confirmed on the dates shown.
- 01Workplace Safety and Insurance BoardRegulatorClearance Certificate — Operational Policy Manual
- 02Workplace Safety and Insurance BoardRegulatorClearance Certificate in Construction
- 03Treadstone LawLegal commentaryWSIB Clearance Certificates in a Business Sale
- 04Treadstone LawLegal commentaryWSIB Clearance Certificate Business Purchase
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