How do I determine the labour portion of a contract when hiring deemed workers and defaulting subcontractors?

For calculation examples, labour percentage and rates, refer to the 2011 Assessment Rates.  For more information, refer to the Coverage for Contract Labour fact sheet.

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I can't log on to the Online Clearance System, what do I do?

 

Contact the WCB Technical Support Team at 204-954-4803 in Winnipeg or toll free at 1-866-751-9245.

 

 

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When can I use the Online Clearance System?

WCB's Online Clearance System is available to you 24 hours a day, seven days a week. The WCB Technical Support Team is available to assist you from Monday to Friday, 8:00 AM to 10:00 PM (except on statutory holidays). System and support availability is subject to change.

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Do I require clearance on Supply Only contracts?

No, letters of clearance are not required for firms that "supply material only".

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Can I hold my deemed worker financially responsible to offset any assessment that may be due to the WCB because of their status?

No. As an employer, you are not allowed to deduct earnings from your deemed worker to offset your financial obligation to the WCB. For more information, refer to the Coverage for Contract Labour fact sheet.

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If a firm is deemed my worker, am I assessed on the entire amount of the contract?

 

No, you are only responsible to report the labour part of the contract on your Annual Payroll Form or your Quarterly Remittance Form.

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What if I cannot find the contractor I am searching for through the Online Clearance Request System?

If you are unable to locate the account number of the contractor you are searching for, it may be because they are not registered with the WCB or are not required to be registered with the WCB. In this case, you should verify whether or not the contractor is required to register with the WCB and if so, that they are in good standing - otherwise they could be deemed a worker of your business. For more information call Employer Services at 204-954-4505 or toll free in Canada at 1-855-954-4321.

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What is a "deemed/defaulted worker"?

Firms with the status of deemed/default do not have the appropriate coverage to work for general contractors and additionally, have not fully complied with the terms of the Workers Compensation Act. Once they have complied, they will return to the status of deemed worker.

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What is a "deemed worker"?

Firms registered with the WCB who do not carry appropriate coverage to work for a general contractor will be considered deemed workers of the contractor hiring them. When you check the status of the firm through any of the Clearance Request Systems, the system will identify these types of firms for you.

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Who should get clearances?

General contractors or any firm hiring for the purposes of construction, transportation, logging, janitorial, oil and gas wells, tow trucks, etc. should get clearance information on their subcontractors before work commences and before any payment is made.

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