Policy
The WSIB has a duty to hear, examine, and decide issues under the Workplace Safety and Insurance Act, 1997 (WSIA) or the Workers' Compensation Act, 1990 (WCA), and may use surveillance to gather evidence for this purpose.
A director in Stakeholder Compliance Services must approve the use of surveillance in every case.
Purpose
The purpose of this policy is to outline the meaning of surveillance, when the WSIB may use surveillance and when access to surveillance may be granted.
Guidelines
Surveillance involves discreetly observing one or more subjects. It may also involve the use of audiotape, video, film, and/or photographs. For information about which WSIB staff may view or listen to surveillance recordings, refer to 11-01-08, Audio/Visual Recordings.
If a surveillance recording is made, that recording is transcribed and the transcript is added to the claim or employer file.
When there is an issue in dispute, the parties have full access to the surveillance recording and/or the transcript. However, if an inquiry by the operating area, or the Stakeholder Compliance Services/ Legal Services investigation is underway, access will not be granted until the inquiry or investigation is completed. Refer to 21-02-02, Disclosure of Claim File Information (Issue in Dispute).
Application date
This policy applies to all decisions made to use surveillance on or after December 5, 2024, for all accidents.
Document history
This document replaces 22-01-09 dated October 12, 2004.
This policy was previously published as:
11-02-06 dated April 6, 2001.
References
Legislative authority
Workplace Safety and Insurance Act, 1997
Section 131
Workers' Compensation Act, Revised Statutes of Ontario 1990
Section 72
Approval
Board of Directors
#5, May 8, 1997, Page 5972
Approved by the President and CEO on December 3, 2024.