Service and LRT Inspectors: NOT e/ee Incident reports may affect operators 50 performance appraisals per year Recommendations accepted 98% of time (effective recommendation) Contractor exception 2001 SCC Sagaz Industries 1. Determining: E/ee or Contractor Contractor factors (not exhaustive) Control: operational control Ownership of equipment Ability to hire helpers Degree of financial risk Responsibility for investment and management Opportunity for profit 1990 AB LRB Midwest Pipeline Certification Application: rig welders incorporated (sole proprietor) and unincorporated Officer held: incorporated rig welders were not included bc a corporation can not be an e/ee Held: Both: e/ee owning own tools did not suffice to make them contractors incorporated welders: corp is just a vessel not actually i/c of renumeration Code apply to corporations but MAY apply to sole proprietors can’t Hired w/out bidding, used own equipment, no requirement of proof of bonding or insurance, hourly rate, e/er provided materials, no holdbacks in case of poor work, only paid if worked, no ability to subcontract E/er: hired, fired, hired helpers, set work hours, directed work and established rules, disciplined, operational control factors Montreal Locomotive Control, ownership of tools, chance of profit, risk of loss Adams factors: E/er Direction and control Burden of remuneration Hiring Imposing discipline Dismiss Perceived as e/er Intention to create e/er relationship
Service and LRT Inspectors: NOT e/ee Incident reports may affect operators 50 performance appraisals per year Recommendations accepted 98% of time (effective recommendation) Contractor exception Sagaz Industries 2001 SCC 1. Determining: E/ee or Contractor Contractor factors (not exhaustive) Control: operational control Ownership of equipment Ability to hire helpers Degree of financial risk Responsibility for investment and management Opportunity for profit Midwest Pipeline 1990 AB LRB Certification Application: rig welders incorporated (sole proprietor) and unincorporated Officer held: incorporated rig welders were not included bc a corporation can not be an e/ee Held: Both: e/ee owning own tools did not suffice to make them contractors incorporated welders: corp is just a vessel not actually i/c of renumeration Code can’t apply to corporations but MAY apply to sole proprietors Hired w/out bidding, used own equipment, no requirement of proof of bonding or insurance, hourly rate, e/er provided materials, no holdbacks in case of poor work, only paid if worked, no ability to subcontract E/er: hired, fired, hired helpers, set work hours, directed work and established rules, disciplined, operational control Montreal Locomotive factors Control, ownership of tools, chance of profit, risk of loss Adams factors: E/er Direction and control Burden of remuneration Hiring Imposing discipline Dismiss Perceived as e/er Intention to create e/er relationship
65+-+555+Labour+Fall+2016+Nekolalchuk.docx