WorkSafeNB determines whether to transfer or affiliate (share) an employer’s cost experience when there is a change in their business activities.
WorkSafeNB will consider the nature of change in an employer’s business activities to determine if cost experience may:
Nominal change in ownership
1. When there is a nominal change in ownership, WorkSafeNB determines that the new owner(s) have continued the business activities and must assume the previous cost experience.
2. WorkSafeNB considers the following situations to be nominal changes in ownership:
3. For the purpose of this policy, the current owner’s family members include:
Material change in ownership
4. WorkSafeNB opens a new employer account and does not transfer previous cost experience when there is:
Sale of shares
5. In situations involving the sale or transfer of controlling shares of an incorporated company, the new shareholders (owners) have purchased all assets and liabilities of the previous business and will assume its cost experience.
Sale of assets
6. WorkSafeNB opens a new employer account and does not transfer cost experience when:
Partial transfer of business activity
7. When the partial transfer of business activity to an existing affiliated employer occurs, the cost experience of both accounts is used to determine the rate applicable to both accounts. The two employer accounts also share the same net assessment rate.
8. Employers that are separately registered are considered to be affiliated when:
9. Employers may also be considered affiliated when there is a degree of common ownership and:
10. For more information on when WorkSafeNB determines if active accounts are considered to be affiliated, see Policy 23-300 Employer Classification.
Change of name
11. WorkSafeNB maintains the cost experience when the business name changes, but the business activities remain the same.
Receivership or bankruptcy
12. When a receiver or trustee is appointed to manage the business activities of an employer, WorkSafeNB opens a new account and does not transfer the previous cost experience.
Affiliated accounts – employers are classified and rated on the basis of the industry in which they are operating. Rates established for any one industry reflect the combined risks of all occupations found in that particular industry. If an employer’s business activities are supportive or ancillary to another employer’s business, such as sales, administration, delivery, etc., or they are involved in the same industry classification and there is a degree of common ownership, then both firms will receive the same classification, even though they are separately registered.
Material change in ownership – the change in ownership of a proprietorship or a partnership by more than fifty percent (50%).
Nominal change in ownership – the change in ownership of a proprietorship or a partnership by fifty percent (50%) or less.