Determining the Status of a Person: Employer, Worker, Sole Proprietor or Non-Working Director

Determining the Status of a Person: Employer, Worker, Sole Proprietor or Non-Working Director

Effective Dates

December 31, 2014 - June 30, 2022

Policy Code

EA-02

General Information

This policy addresses circumstances where there is a need to determine the work relationship between workplace parties. Most cases are clear in that the employerworker relationship exists; however, in some situations an individual may be a sole proprietor and not a worker. This policy is designed to provide the criteria for making such a determination.

Purpose

This policy defines when a person is a “worker”, an “employer”, or a “sole proprietor” in order to determine whether workers’ compensation coverage is mandatory or optional under the Workers’ Compensation Act S.Y. 2008 (the “Act”).

Independent Operator/Contractor or Proprietor

December 31, 1992 - June 30, 2008 | AS-12 | Policies prior to July 1, 2022

Determining the Status of a Person

June 30, 2008 - December 31, 2014 | EA-02 | Policies prior to July 1, 2022

Definition of a Worker

January 25, 1995 - June 30, 2008 | GC-08 | Policies prior to July 1, 2022

Exclusion of Directors from Coverage - Not Subject to the Hazards of the Industry

January 1, 1993 - June 30, 2008 | AS-17 | Policies prior to July 1, 2022

Most often in the Yukon, the owner of an incorporated business is both a worker of the company and a director of that company.

Directors of incorporated companies are now deemed to be workers for the purposes of the Act unless the director appli

Optional Coverage for Sole Proprietors

June 30, 2008 - June 30, 2022 | EA-04 | Policies prior to July 1, 2022

Merits and Justice of the Case

December 31, 2013 - June 30, 2022 | EN-02 | Policies prior to July 1, 2022