As of Q3 in 2024, the WSIB’s net assets in reserve reached $7.8 billion, yielding a sufficiency ratio of 123.4%. Consistent with WSIA section 97.1 legislative requirements, on November 21, 2024 the WSIB announced that it would be distributing a $2.0 billion surplus as a rebate to qualifying employers.

The value of the rebate is based on 60% of an employer’s premiums reported in 2023, which can be quite substantial for employers. There is no maximum dollar cap on a business’ surplus rebate.

The WSIB distributed this surplus in February and March 2025.

Further, on April 7, 2025, the WSIB announced its plans to distribute an additional $2 billion surplus, on top of the February and March distributions, in the spring of 2025. Information on the spring 2025 surplus rebate, including eligibility criteria, is forthcoming.

While it remains to be seen whether the WSIB will amend the eligibility criteria for the spring rebate, presently, the eligibility criteria for the February and March 2025 distributions state that qualifying employers are those who, as of the date of the distribution,

• have an active account and premium payment obligations as of November 1, 2024
• had premium obligations in 2023
• have not been convicted of a Workplace Safety and Insurance Actor an Occupational Health and Safety Act offence in a proceeding under Part III of the Provincial Offences Act, in 2024 or in 2025 up to and including the date the WSIB issues a surplus rebate
• have not been convicted in more than one such proceeding under the Workplace Safety and Insurance Act, or have not been convicted in more than one such proceeding under the Occupational Health and Safety Act, between 2020 and 2025 up to and including the date the WSIB issues a surplus rebate
• have not had a traumatic workplace fatality attributed to the organization in 2024 or in 2025 up to and including the date the WSIB issues a surplus rebate, or have not had more than one traumatic workplace fatality attributed to the organization between 2020 and 2025, up to and including the date the WSIB issues a surplus rebate
• must not be affiliated through common ownership with a business that:
  • is ineligible to receive a surplus rebate based on the convictions criteria outlined, and
  • has a traumatic workplace fatality attributed to them between 2020 and 2025, up to and including the date the WSIB issues a surplus rebate

If an employer itself or an affiliated employer has sustained a fatality and an unknown significant non-work-related factor contributed to that fatality, consider verifying that the employer still qualifies for the surplus distribution.  

This article will be updated as further details regarding the WSIB’s spring 2025 surplus rebate are released.

If you have any questions about these or other recent WSIB changes, please contact a Mathews Dinsdale Lawyer.