WSIB Clearance Tracking Checklist

WSIB Clearance Tracking Checklist

Fast-Fact Summary Box

• Template Type: Compliance and Payment Control Checklist
• Governing Framework: Workplace Safety and Insurance Act & WSIB Clearance Requirements
• Target Trade: General Contractors & Subcontract Administrators
• Primary Operational Risk: Subcontractor account status, clearance expiry, and payment release control

Scope Boundaries (Who/What it applies to)

This checklist applies to all General Contractors, Subcontract Administrators, and trade subcontractors operating on commercial, industrial, and institutional construction projects in Ontario. The scope encompasses the mandatory administrative tracking of Workplace Safety and Insurance Board (WSIB) clearance certificates for all on-site labour. It establishes the operational boundaries for verifying active account status, managing clearance expiry cycles, and enforcing contract payment holds. This control mechanism prevents the transfer of premium liabilities to the principal contractor and ensures compliance with provincial workplace safety insurance mandates.

Mandatory Deliverables & Administrative Windows

• Pre-Mobilization Clearance: Subcontractors must submit a valid WSIB Clearance Certificate confirming an active account in good standing before any on-site labour or equipment mobilization occurs.
• 90-Day Renewal Tracking: Subcontract administrators must secure an updated clearance certificate every 90 days, aligned with the WSIB validity cycle, to prevent coverage gaps.
• Monthly Progress Draw Verification: A current, valid clearance certificate must accompany every monthly progress billing submission as a mandatory condition precedent to payment processing.
• Subcontract Closeout Clearance: A final, project-specific WSIB clearance certificate must be obtained upon subcontract completion, covering the entire duration of the trade's on-site activities.
• Administrative Review Window: The project management team must verify and log the clearance status within 3 business days of receiving any progress claim.

Ontario Regulatory Compliance Notes

Under the Workplace Safety and Insurance Act (WSIA), principal contractors are held liable for unpaid WSIB premiums owed by their subcontractors if active clearance is not maintained. This risk directly intersects with the prompt payment and holdback release frameworks governed by the Ontario Construction Act.

To maintain statutory compliance and protect project cash flow, administrators must execute this checklist in strict alignment with the January 1, 2026 Ontario Construction Act amendments:

• Proper Invoice Disputes: Invoices are legally deemed proper unless the owner gives a formal written notice of deficiency within 7 days after receiving the invoice. Missing the 7-day notice window forfeits the right to dispute invoice form or structure, including missing WSIB documentation, and immediately starts the 28-day prompt-payment timeline.
• Annual Holdback Release: For contracts extending beyond one year, owners must publish a Notice of Annual Release of Holdback (Form 6) on an electronic construction trade news website within 14 days after each contract anniversary. Payment of the accrued basic holdback must occur no earlier than day 60 and no later than day 74 after publication, provided no liens are preserved.
• Holdback Restrictions: The former section 27.1 notice-of-non-payment mechanism for refusing holdback distribution due to deficient or incomplete work is repealed. Holdback use is restricted to formal contract abandonment or termination scenarios and preserved lien risk.
• Adjudication Timelines: Parties have a strict 90-day window after contract completion, abandonment, or termination to initiate interim binding adjudication through ODACC or a qualified private adjudicator to resolve payment or compliance disputes.

Form/Sign-off Requirements

• Subcontractor Representative Signature: Signed and dated declaration by an authorized officer of the trade subcontractor confirming active WSIB registration and premium payment compliance.
• Subcontract Administrator Verification: Initialled sign-off confirming that the WSIB e-clearance portal has been accessed, the certificate validity verified, and a digital copy archived in the project management system.
• Project Manager Approval: Final signature authorizing the release of progress payments or holdback funds, verifying that no clearance gaps exist for the billing period.
• Record Retention: Mandatory archiving of all clearance certificates, verification logs, and related correspondence for a minimum period of 7 years following project completion.

Official Verification Sources

• Ontario Construction Act, R.S.O. 1990, c. C.30
• O. Reg. 304/18 (Procedures and Forms)