In Ontario, knowing if you’re responsible for your Workplace Safety and Insurance Board (WSIB) premiums is as easy as answering five simple questions.

The following questionnaire, drafted in 1993 by WSIB, the Ontario Trucking Association, Com Car Owner-Operators Association, and the Teamsters, defines who is deemed to be an independent operator for WSIB purposes. Independent operators are not automatically covered by WSIB but can elect to be covered by opening their own account number and paying fees as required.

“Fleets have to stop confusing themselves on this issue of who needs to set up their own WSIB account,” says John Oldfield of Dalton Timmis Insurance, in Burlington, Ont. “You just answer the five questions. If you answer all five questions yes, you’re an independent contractor. If you answer any of them no, you’re an employee. Employees get automatic WSIB. End of story.”

1) You pay for the truck and a majority of the equipment or related bills such as gas, maintenance, licence, and storage. Also, you’re not required to finance the truck and equipment/related property through company sources.

2) You have the right to exercise a choice in selecting and operating the vehicle and have discretion to enter into contracts of any duration.

3) The trucking company does not have the right to control where you purchase products and services. Also, the company does not have the right to exercise control over your operations except to the extent that loads are offered, and destinations and delivery schedules are established.

4) You and the company agree that your relationship is one of a contract for service and not that of employer and employee.

5) The company does not issue a Revenue Canada T-4, T-4A, or make statutory deductions for UIC and/or CPP.

Nova Scotia is said to be considering adopting a similar set-up for their owner-operators.