Transportation industry

indicates required field

Complete the transportation industry – determining worker/independent operator status questionnaire if one of the following applies:

  • you’re not employing full or part-time help, and
  • you’ve been asked to show proof of WSIB coverage by the company or companies with which you currently have a contract, or
  • you’re a company engaging contractors and require a worker/independent operator status determination, or
  • you’d like an account established for optional insurance
  • you’re an owner-operator in the trucking industry
  • you drive a vehicle to courier (pick up and deliver) packages, parcels or letters*
  • you perform third-party delivery of food and/or other products
  • you drive passengers to and from requested destinations via rideshare
  • you’re a principal that hired someone or their authorized representatives

*Couriers who collect or deliver on foot or by bicycle are considered workers and should not complete this questionnaire.

Important information about status decisions for the transportation industry:

  • you only need to complete a questionnaire the first time a ruling is requested with a specific vehicle identification number (VIN)
  • if we determine the individual is an independent operator, we’ll provide a decision letter with the VIN included. If the independent operator performs transportation services for another principal using the vehicle with the VIN listed in the letter, they can provide the decision letter to that principal
  • if a new vehicle/VIN is used, a new questionnaire would need to be completed and sent in with both parties’ signatures and all required supporting documentation

If you’re an owner-operator in trucking, complete section A and review section B.

If you’re an individual in the courier or rideshare industry, complete section A and review section C.

If the owner-operator/individual meets all the criteria listed in section B or C, both the owner-operator/individual and the principal need to complete the principal validation in order to verify that the statements reflect the work relationship. Your acknowledgement to the statements in section B or C will indicate whether you’re an independent operator or a worker under the Workplace Safety and Insurance Act.

Please note:

  • Owner-operators and individuals that are incorporated aren’t automatically assumed to be independent operators. They must still complete this questionnaire to determine their status.
  • Taxi industry owner-operators are required to complete the general—determining worker/independent operator status questionnaire.

Key terms

Workers are entitled to benefits provided by the Workplace Safety and Insurance Act and their employers must pay premiums to the WSIB.

Independent operators can choose to apply for coverage as workers under the Workplace Safety and Insurance Act. If they want insurance, they must pay their own premiums.

Principal is the company, carrier or shipper that hired the owner-operator/individual to transport people and/or goods.

Part A – To be completed by all businesses in all transportation industries.

Do you have a lease agreement?

One file only.

10 MB limit

Allowed types: pdf, doc, docx, jpg, png.

Do you have ownership documents?

One file only.

10 MB limit

Allowed types: pdf, doc, docx, jpg, png.

Does the owner-operator have a previous or current WSIB account number?

Part B – Trucking Industry

Owner-operators will be treated as independent operators, for workplace safety and insurance purposes only, when the work relationship contains all of the following features:

  1. The owner-operator pays for the truck and a majority of the equipment or other related property (such as payments for gas, truck maintenance, license and storage) and isn’t required to finance the truck and equipment/related property through the principal company sources.
  2. The owner-operator has the right to choose the vehicle and has market mobility in that they have discretion to enter into contracts of any duration to transport goods and maximize profits.
  3. The principal doesn’t have the right to control where or from whom the owner-operator purchases products/services. However, this doesn’t preclude the owner-operator from exercising their option to purchase products/services from the principal.
  4. The principal doesn’t have the right to exercise control over the owner-operator’s operations except:
    • to the extent that loads are offered and destinations and delivery schedules are established by the principal’s contract with the shipper
    • the joint responsibilities set out in federal and provincial licensing and related statutes
  5. The principal and owner-operator state the relationship is a contract for service and not that of employer and employee.
  6. The principal doesn’t issue a Canada Revenue Agency T4 or make statutory deductions for Employment Insurance and/or Canada Pension Plan.

Part C – Courier and rideshare industry

Individuals will be treated as independent operators, for workplace safety and insurance purposes only, if they meet all the following criteria:

  1. The principal and the individual state the relationship is a contract for service and not that of employer and employee. The individual doesn’t use the principal company’s name except for licensing purposes or statutory requirements on any vehicle. For security purposes, the individual can use removable photo identification.
  2. The individual pays for the vehicle and more than 50 per cent of the operating expenses (e.g. gas, maintenance, insurance, license, cell phone, parking tickets, towing). 
  3. The principal doesn’t control the individuals operation, except in deciding what pick-ups and deliveries are offered and what shippers’ instructions the principal provides.
  4. The individual is free to perform pick-ups or deliveries for any other party at any time and is free to set their own work schedule.
  5. The principal does not issue a Canada Revenue Agency T4, T4A or make statutory deductions for Employment Insurance and/or Canada Pension Plan.

Declaration

To the best of my knowledge, information and belief, the information provided is true.

I/we understand the WSIB reserves the right to audit and verify these responses. If these responses don’t truly represent the nature of the working relationship, the WSIB may reverse the determination of status retroactively to the date that the working relationship began.

By submitting this form, the individual acknowledges that if they experience a work-related injury or illness, they won’t be eligible for any WSIB benefits unless they request optional insurance coverage and the WSIB approves it.

Personal information on this form is collected under the authority of the Workplace Safety and Insurance Act and may be used to register/determine your status for coverage and to administer to enforce the act.

Principal validation

The principal is the company, carrier or shipper that hired the owner-operator/individual to transport people and/or goods. We’ll send a copy of this completed questionnaire to the principals you provide. They’ll have two business days to validate this form. If we don’t receive a response within two business days, we’ll adjudicate the questionnaire with a decision.

Please email us at employeraccounts@wsib.on.ca or send us a message through our online services if you have any questions.