WorkSafeNB has a legislated mandate to provide no-fault insurance and accident prevention services to employers, as well as compensation benefits to injured workers. The Workers’ Compensation Act (WC Act) requires that WorkSafeNB fund these obligations primarily by collecting assessments levied on employers.
Most of these assessments are based upon employer payrolls. WorkSafeNB may also collect other assessment payments such as interest, penalties, or other surcharges under the WC Act or Regulations. For more information see policies:
Employer payroll assessments
1. Assessments are based upon an employer’s:
2. Assessable earnings of unregistered sub-contractors can be considered part of an employer’s payroll. For more information, see Policy 23-200 Assessable Earnings.
3. Once calculated, WorkSafeNB communicates the amount of assessment due by providing every employer with a statement of account, showing:
Annually assessed employers
4. Annually assessed employers provide an estimate of their yearly payroll to WorkSafeNB. From this estimate, WorkSafeNB calculates the amount of assessment the employer must pay. See Policy 23-600 Setting Basic Assessment Rates.
5. For annually assessed employers, WorkSafeNB generally requires payment on or before March 31 of the current year. However, if the date of the assessment notice is after March 1, the payment is due within 30 calendar days of the date on the notice.
MAAP employers
6. MAAP employers provide a monthly report of their actual payroll to WorkSafeNB, which is used to calculate the amount of assessment the employer must pay.
7. For MAAP employers, the assessment payment is generally due on the third business day after the 15 of each month.
8. When employers report their actual payrolls to WorkSafeNB after the 15 of a month, they are subject to a late filing penalty for that month. When WorkSafeNB receives the report of assessable earnings, both the assessment amount owed plus the penalty are due immediately. MAAP employers who are continually late may be taken off MAAP and switched to being annually assessed.
9. For MAAP employers, WorkSafeNB uses a pre-authorized electronic funds transfer. Monthly cheques are not permitted.
Requirements when paying employer refunds
10. WorkSafeNB may pay refunds of overpaid assessments. Refunds are made as soon as possible when an active employer:
11. In most cases, before an inactive employer can receive a refund, WorkSafeNB must perform a payroll audit. WorkSafeNB may choose to forego a payroll audit if:
12. If a payroll audit is required and the employer does not co-operate (i.e., records not available, unable to locate employer), the refund is cancelled and WorkSafeNB retains the amount.
13. WorkSafeNB may pay a refund when credit adjustments are made further to cost relief being granted. See Policy 21-300 Allocation of Claim Costs.
Special collection circumstances
14. WorkSafeNB expects employers to pay their assessments on time. When employers experience difficulties in paying assessments, WorkSafeNB may work with the employer to facilitate the collection of assessment payments.
15. For annually assessed employers, WorkSafeNB may, on a case-by-case basis, approve instalment payments or individual employer payment proposals. However, WorkSafeNB does not normally consider any plan with payments scheduled after December 31 of the current year’s assessment.
Past due accounts
16. Accounts become past due when WorkSafeNB has not received payment from the employer by the due date. WorkSafeNB may charge interest on the outstanding amount of a past due account as described under Policy 21-040 Interest on Claim-related Benefits and Employer Accounts.
17. When unpaid assessment accounts become past due, WorkSafeNB sends a letter reminding the employer that the amount is past due.
18. If no payment has been received within three weeks of the first letter, WorkSafeNB may send:
19. WorkSafeNB is responsible for determining the feasibility for collecting outstanding assessment amounts. If WorkSafeNB determines that collection is not feasible, it may suspend or reduce the amount owing.
20. WorkSafeNB may suspend an out-of-business employer’s outstanding assessment amount if:
21. Where the amount is $3,000 or greater, WorkSafeNB must first determine that the amount to be suspended is reasonable. This is based upon historical payrolls of the business or the results of a payroll audit.
Returned cheques and electronic funds transfers
22. When WorkSafeNB receives a returned cheque or returned electronic funds transfer indicating “non-sufficient funds”, “payment stopped” or “refused by payer/recipient”, the employer is contacted. The employer is required to replace the payment within two weeks of being contacted.
Problem accounts
23. WorkSafeNB attempts to collect all past due accounts as outlined in sections 16-20 of this policy. However, a past due account may become a problem account when:
24. WorkSafeNB determines appropriate action for collecting problem accounts on a case-by-case basis, which may include the use of a third-party collection service.
Legal action
25. Once WorkSafeNB has contacted the employer, and the employer fails to pay the outstanding amount, WorkSafeNB may take legal action to recover overdue employer assessments. WorkSafeNB may register a judgment and file an Order for Seizure and Sale with the Court. This order instructs the Sheriff to attempt to collect any unpaid amount of the judgment.
26. WorkSafeNB registers a judgment for an appropriate timeframe for collection. If collection is not made within this timeframe, a judgment may be renewed to a maximum of 15 years total under the following conditions:
27. WorkSafeNB does not register judgments for accounts under $3,000. These accounts may be sent to a collection agency for appropriate action.
28. Any legal costs incurred by WorkSafeNB in pursuing these assessments are added to the amount owed by the employer.
Liens
29. Any assessment owed to WorkSafeNB creates a fixed, specific and continuing charge (lien) in favour of WorkSafeNB on the property or proceeds of the property. It does not matter if the property is acquired, used, or if it is produced by the employer in the ordinary course of business and sold in good faith before or after the amount became due.
30. Once an Order for Seizure and Sale has been filed for unpaid assessment amounts, WorkSafeNB authorizes the Sheriff to seize (take possession of) any property used in connection with the employer’s business, regardless of whether the property is owned or leased. If property is sold, what is received from the sale of that property may also be seized.
Property and equipment
31. The lien provision follows all property and equipment acquired or used by the employer that is sold or disposed, unless the purchaser, at the time of purchase, has received a clearance certificate as described in sections 33-35 of this policy, as a result of the employer paying the amounts due to WorkSafeNB.
Goods produced
32. When a lien is attached to goods produced in the ordinary course of business and subsequently, the goods produced are sold in good faith, WorkSafeNB’s first charge would move from a charge on the goods sold to what is received from the sale of the goods.
Bankrupt employers
33. If an employer declares bankruptcy, WorkSafeNB’s status and priority changes from a secured to an unsecured creditor. WorkSafeNB would then proceed on a case-by-case basis.
Clearance certificates
34. A clearance certificate issued by WorkSafeNB states that an employer is in good standing. Employers may request a clearance certificate when they want to:
35. Since the employer’s account can change due to additional assessments, clearance certificates are valid only to the date of issue, or to a specified period of time as determined by WorkSafeNB.
36. WorkSafeNB will not issue a clearance certificate if the employer has an overdue account balance. However, WorkSafeNB may issue a letter indicating that the employer is registered with a balance owing on their assessment.
Change in ownership
37. WorkSafeNB’s lien continues to apply in a change of ownership where shares or equipment are sold. However, as stated in sections 28 and 29 of this policy, the lien on goods produced no longer applies when those goods are sold in good faith in the normal course of business.
38. To minimize liability for outstanding assessment payments, a new owner should ensure that the previous owner has paid all outstanding assessments owing, and that a valid clearance certificate from WorkSafeNB has been issued.
Previous versions
Sections 52, 61(1), 61(2), 67, 70(1), 70(2), 70(3), 71, 72(2), 72(2.1), 72(4), 72.1, 72.2, 73(1), 73(2), 74, 76
Enforcement of Money Judgments Act
Active employer – any employer who pays or is required to pay assessments under the Workers’ Compensation Act. This includes self-insured employers.
Clearance certificate – document that WorkSafeNB issues, upon request, stating an employer is in good standing with WorkSafeNB.
Good standing – employer has paid assessments and penalties to date and has met all payroll reporting requirements, compliance requirements, and any other obligation deemed necessary to WorkSafeNB’s satisfaction.
Inactive employer – an employer who is either unassessed or out-of-business.
Judgment – the decision by a court regarding damages to be paid.
Lien - right to retain property for payment of debt or demand. (Black’s Law Dictionary)
Order for seizure and sale - – a court order signed by a court clerk or registrar to take possession of property and sell it to pay debts owing to WorkSafeNB.
Out-of-business employer – an employer who is no longer operating.
Secured creditor – a person to whom a debt is owed who holds some special financial guarantee that the debt will be paid. This guarantee includes a lien.