contractor

Loggers performing services under a Bill 13 replaceable contract (also known as an evergreen contract) are entitled to be paid a "fair market rate". What is a fair market rate? A fair market rate is one that a willing consumer of these services (i.e. a licensee) would pay to a willing supplier of the services (i.e. a contractor) in a free and open market. The theory behind the legislation is that the parties to a replaceable contract are not willing participants - the licensee is forced to...

Almost every logging contract contains a provision which states that the logger’s relationship to the licensee is that of an “independent contractor”. What does this mean? In the traditional sense, being an independent contractor comes down to control of the work process; to enjoying the profits of a successful operation and risking the loss of an unsuccessful project; and to ownership of the capital, i.e. the equipment. It is easier to define “independent...

The law concerning the “prime contractor designation” under the Workers Compensation Act has been a hot topic recently, in spite of the fact that this law has been around since 1999. In my view, it is necessary to put this law into its proper perspective. For the moment, let’s ignore the prime contractor provision and examine the other aspects of the Workers Compensation Act. On a typical logging block, the WCB considers there to be two owners, namely the Ministry of Forests...