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”).
Prior Policies
Independent Operator/Contractor or Proprietor
December 31, 1992 - June 30, 2008 | AS-12 | Policies prior to July 1, 2022Determining the Status of a Person
June 30, 2008 - December 31, 2014 | EA-02 | Policies prior to July 1, 2022Definition of a Worker
January 25, 1995 - June 30, 2008 | GC-08 | Policies prior to July 1, 2022policies.policyreferences
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, 2022Most 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, 2022Merits and Justice of the Case
December 31, 2013 - June 30, 2022 | EN-02 | Policies prior to July 1, 2022