Determining the "Real Employer" - IPG-068

Disclaimer: This page has been prepared for reference only.

Effective date: September 2017

On this page

1. Issue

Many businesses use temporary help/employment agencies to meet their requirement for workers. These agencies are intermediaries, in that they supply businesses with the services of the workers they recruit. The legal relationship between the agency, their client and the worker is not always clearly defined. Therefore, guidance to identify the "real employer" is needed.

2. Background

Temporary help/employment agencies supply qualified workers to businesses under varying terms and conditions. The agency therefore creates a "tripartite" relationship consisting of the worker, the agency, and the client business who uses the temporary help services. Accordingly, the worker in this type of relationship is in a tripartite relationship.

3. Determining the real employer

A number of factors are used in determining who the real employer is. Appendix A is a useful guide.

The officer* shall identify where the employer / employee relationship exists within the tripartite relationship. This may be accomplished by imagining a continuum with the worker in the middle, the agency employer on one side and the client business on the other. As the facts of the relationship are examined, assessed and weighed, the employee will ultimately move to one side of the continuum, and be classified as an employee of the agency or the client business. In order to assist in the gathering of the facts, the officer will use the questionnaires which have been developed for all three parties: the worker, the agency and the client business where the worker is assigned. (Appendices Appendix-F.1, Appendix-F.2 and Appendix-F.3 with appropriate covering letter, Appendix C and Appendix D).

*The term “officer” means inspector, health and safety officer, Labour Affairs Officers, and Senior Investigators-OHS.

The officer shall take a comprehensive approach1 when attempting to identify the real employer in order to consider which party exercises the most control over all aspects of the work on the facts of each case.2 The criteria of legal subordination and integration into the business are significant, "…they must not be used as exclusive criteria for identifying the real employer".3

  1. The criterion of legal subordination encompasses the notion of actual control by a party over the employee's daily work activities. The control test "…purports to examine who controls the work and how, when and where it is to be done." 4 The aspect of control may be broken out into several elements. It is the overall relationship that shall be examined.
  2. The integration test (discussed in Pointe-Claire v. Quebec) requires the consideration of all relevant factors such as:
    • The party exercising direction and control over the employees performing the work;
    • The party bearing the burden of remuneration;
    • The party imposing discipline;
    • The party hiring the employee;
    • The party with the authority to dismiss the employee;
    • The party which is perceived to be the employer by the employees;
    • The existence of an intention to create an employer/employee relationship.

1: Pointe-Claire (City) v. Quebec (Labour Court), [1997] 1 S.C.R. 1015
2: Pointe-Claire (City) v. Quebec (Labour Court), Ibid.
3: Pointe-Claire (City) v. Quebec (Labour Court), Ibid.
4: Wolf v. Canada, (C.A.) [2002] 4 F.C. 396

4. Jurisdiction

The officer shall determine if the business where the worker is assigned, and/or the agency employer, falls under federal or provincial jurisdiction because, when dealing with an issue under the Canada Labour Code, it is imperative that the work, undertaking or business is subject to federal jurisdiction.

5. Assessing the information and making a decision

The identity of the real employer shall be made using factual determination, with specific reference to each situation and no single factor among those contemplated shall be, in itself, determinative.

When analyzing the information gathered, the officer shall look beyond the form of a transaction and analyze its substance. For example, who is responsible for the recruitment process, candidate selection, training, remuneration and exercising formal discipline? Even though the agency may implement disciplinary actions, the client business could regulate the employee's daily responsibilities. Consequently, this could move the employee to the client business side of the continuum. Although remuneration may originate from the agency, the contract between the latter and the client business could dictate the amount to be paid. Accordingly, this may move the employee to the client business side of the continuum.

6. Weighing the facts

Weighing the facts is a crucial aspect of deciding who the real employer is. The officer shall review the evidence falling in each of the factors in Appendix A, and shall decide what weight to assign each category. Many of the facts, such as recruitment and training, may line up as an indication that the employee was that of the agency. However, more weight may be given to facts such as direction and control, ultimately leading the employee to be that of the client business.

Once the officer has examined and assessed the total relationship, the officer must notify the parties of the decision in writing (Appendix E).

7. Other tripartite relationships – Road transport

In the road transport industry there may also be tripartite relationships involving intermediaries between the road transport carrier company (the client) and the driver (the worker). These intermediary businesses may be an agency, or may be another road transport business such as an owner-operator.

In these cases, the tripartite relationship consists of:

  1. The road transport company or carrier is considered the larger motor carrier business that provides for the transportation of goods or passengers by motor vehicle. In most cases these companies are larger motor carriers. They also may have their own trucks which are used by their own employees. They are considered the client in the relationship.
    1. Agencies operating within the road transport sector may specialize in providing drivers to road transport companies. These driver service agencies may be seen as an intermediary business between the road transport carrier (the client) and the driver (the worker).
    2. Owner-operators are small businesses that offer transportation services to the road transport carriers (client) for an agreed amount of money. They own or lease their truck(s) and are responsible for their truck expenses. They may hire and pay drivers to assist them with their business. As well, the owner-operator may be the driver for their own business. In the tripartite relationship, the owner-operator that has a driver or drivers, may be seen as an intermediary business between the road transport carrier (the client) and the driver (the worker).
  2. The driver is the worker and operates a motor vehicle.

The legal relationship in these situations may not be clearly defined. Therefore the concepts, principles, and questions contained in this policy may be applied as part of the investigation to determine the real employer.

8. Conclusion

The Canada Labour Code governs the relations between bipartite relationships which involve an employee and an employer. The characteristics of an employer may be shared in a tripartite relationship between two separate employer entities, the agency and the client business. In order to determine who the "real employer" is, the total relationship shall be examined and assessed by the officer, bearing in mind that no one factor is determinative and there is an exhaustive list of factors that must be examined.


Appendix A: Chart - graphic display of the facts falling in each category under factors

graphic display of factors used - description follows

Appendix A is a graphical representation of the factors used to determine the relationship of the employee between the Agency and the Client Business.

The points noted are not an exhaustive list.

Factors that are considered:

  • Total Relationship
  • (Direction)
  • Absence
  • Time Off
  • Evaluation
  • Authorized overtime
  • Notification of work-related accident
  • Training
  • Control
  • Work Assignment
  • Remuneration
  • Hiring
  • Suspension
  • Dismissal
  • Integration

Appendix B: List of cases

Appendix C: Letter to worker

2 asterisks (**) represent where input is necessary
4 asterisks (****) indicate a choice - Use one or the other possibility given in between the asterisks

**Date**

File No.: **Auto fill**
Assignment No.: **Auto fill**

**Name of employee**
**Address**

Dear Mr./Mrs./Ms. **name of employee**,

Subject: Canada Labour Code

This is further to **indicate if this is a complaint, an inspection, a refusal to work, an accident, etc.** pertaining to **name of employer**. During the course of this investigation, a dispute has arisen between **name of employer** and **name of agency**, as to which party is your "real employer". Before continuing with the investigation of **indicate if this is a complaint, an inspection, a refusal to work, an accident, etc.**, I must resolve this dispute. Therefore, I am requesting all parties to complete a Questionnaire in order to gather as much information on this matter as possible.

Please complete the enclosed Questionnaire, and return to my attention, with any supporting documents, by **date - normally 15 calendar days**. Also please note that if the Questionnaire is not completed and returned, a decision will be made utilizing information gathered.

If you have any questions or require further information, please feel free to contact me at **telephone number**.

Yours sincerely,

**Name**, **Title**
**Complete address if not shown on letterhead**
National Toll Free: 1-800-641-4049
www.canada.ca – Jobs, Workplace standards

Encl.

Appendix D: Letter to agency/Client employer

2 asterisks (**) represent where input is necessary
4 asterisks (****) indicate a choice - Use one or the other possibility given in between the asterisks

**Date**

File No.: **Auto fill**
Assignment No.: **Auto fill**

**Name of agency or client business**
**Address**

Dear Mr./Mrs./Ms. **name of agency or client business**,

Subject: Canada Labour Code

This is further to **indicate if this is a complaint, an inspection, a refusal to work, an accident, etc.**. As it is your position that **** **name of employee** or the employees named on the attached list**** ****was or were**** not ****an employee or employees**** of your business, but rather ****an employee or employees**** of **business name**, further information is required.

In order to assess this issue, I must request that the attached Real Employer Questionnaire be completed. I have also requested **name of agency or client business** and **** **name of employee** or the employees named on the attached list**** to complete a similar Questionnaire in order to assess the working relationship between yourself and **** **name of employee** or the employees named on the attached list****.

Please complete the enclosed Questionnaire, and return to my attention, with any supporting documents, by **date - normally 15 calendar days**. Also please note that if the Questionnaire is not completed and returned, a decision will be made utilizing information gathered.

If you have any questions or require further information, please feel free to contact me at **telephone number**.

Yours sincerely,

**Name**, **Title**
**Complete address if not shown on letterhead**
National Toll Free: 1-800-641-4049
www.canada.ca – Jobs, Workplace standards

Att.

c.c. **** **Name of employee** or The employees named on the attached list****
**Name of agency or client business**

Appendix E: Decision Letter agency/Client employer

2 asterisks (**) represent where input is necessary
4 asterisks (****) indicate a choice - Use one or the other possibility given in between the asterisks

**Date**

File No.: **Auto fill**
Assignment No.: **Auto fill**

**Name of agency or client business**
**Address**

Dear Mr./Mrs./Ms. **name of agency or client business**,

Subject: Canada Labour Code

This is further to **indicate if this is a complaint, an inspection, a refusal to work, an accident, etc.** against **name of employer**. I have reviewed the completed Questionnaires submitted by all parties, and **name any other documents examined**. Based on all the facts presented by the parties, it is my decision that **** **name of employee** or the employees named on the attached list**** ****was or were**** employed by **name of agency or client business**.

The assessment of this employment relationship was based on the model outlined in the case of the Supreme Court of Canada, Pointe-Claire (City) v. Quebec (Labour Court), [1997] 1 S.C.R. 1015. I have based my decision on the following factors:

  • The party exercising direction and control over the ****employee or employees**** performing the work:
    **enter the pertinent information for the party exercising direction and control over the employee(s) performing the work**
  • The party bearing the burden of remuneration:
    **enter the pertinent information for the party bearing the burden of remuneration**
  • The party imposing discipline:
    **enter the pertinent information for the party imposing discipline**
  • The party hiring the ****employee or employees****:
    **enter the pertinent information for the party hiring the employee(s)**
  • The party with the authority to dismiss the ****employee or employees****:
    **enter the pertinent information for the party with the authority to dismiss the employee(s)**
  • The party which is perceived to be the employer by the ****employee or employees****:
    **enter the pertinent information for the party which is perceived to be the employer by the employee(s)**
  • The existence of an intention to create the relationship of employer and employee:
    **enter the pertinent information for the existence of an intention to create the relationship of employer and employee**
  • Integration:
    **enter the pertinent information for integration**

In reviewing the total working relationship between the parties, **provide a summary of the findings, and reasons why one or more factors were given more weight which moved the employee(s) to one side of the continuum**.

Since the working relationship between **** **name of employee** or the employees named on the attached list**** and **name of agency or client business** was ****that or not**** of an employer and employee the Canada Labour Code ****applies or does not apply****.

If you have any questions or require further information, please feel free to contact me at **telephone number**.

Yours sincerely,

**Name**, **Title**
**Complete address if not shown on letterhead**
National Toll Free: 1-800-641-4049
www.canada.ca – Jobs, Workplace standards

c.c. **** **Name of employee** or The employees named on the attached list****
**Name of agency or client business**

Appendix F.1: Questionnaire - Worker

2 asterisks (**) represent where input is necessary

**Name, first name of worker**
**Address of worker**
**Telephone Number (include area code) of worker**

The information you provide in this questionnaire will be used by the Labour Program of Employment and Social Development Canada to determine whether or not your relationship with **name of presumed employer** is an employer/employee relationship to which the Canada Labour Code applies. The questions are categorized according to the format outlined by the Supreme Court of Canada in Pointe-Claire (City) v. Quebec (Labour Court), [1997] 1 S.C.R. 1015.

Please indicate what you feel adequately reflects your situation by checking the applicable response. If the question does not apply to your circumstance, indicate 'n/a'. If you are uncertain of the answer, indicate 'Unknown'. If the question requires that you write an answer, please do so in the space provided.

"Client Business" means the person, enterprise or organization for who the work was performed.

Worker questionnaire

Selection process

1. Who directly contacted you for an employment position?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

2. Who conducted the interview?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

3. Where did you apply for the employment position?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

Hiring

4. You entered into a contract of employment with which party?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

5. Who was specified as your employer in the employment contract?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

6. Who did you believe was your real employer?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

Training

7. Who provided your training?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

8. Who paid for the cost of your training?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

9. Who provided training materials and/or tools?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

10. Who paid your salary for the time spent in training?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

11. At whose workplace was your training provided?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

Discipline

12. Who could exercise disciplinary power up to and including termination of employment in cases of insubordination, poor performance, etc.?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

13. Who established disciplinary policies?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

14. Who maintained your disciplinary record?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

Evaluations

15. Who completed your performance evaluation(s)?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

16. Who established the performance evaluation(s) criteria?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

17. Who provided you with feedback on your performance evaluations?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

18. Who maintained your personnel file?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

Supervision

19. Who supervised your work?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

20. To whom did you report your absences?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

21. Who needed to approve your leaves of absence and vacation time?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

22. To whom were you required to submit a work report?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

Assignment of tasks

23. Who decided on the work location?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

24. Who decided what work activities you would perform?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

25. Who decided how the work was to be done?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

26. Who decided on the hours of work required to complete the job?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

27. Who set the standards to be met for volume/quality?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

28. Who decided on the territory to be covered?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

29. Who recorded your hours of work? (please provide copies)

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

30. Whose company meetings were you required to attend?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

Remuneration

31. Who scheduled your rest periods?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

32. Who decided how much you would be paid?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

33. Who decided how often you would be paid?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

34. Who issued your pay cheques?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

35. Who provided you with other benefits such as a pension plan, a medical plan, a dental plan or other?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

36. Who paid the Worker's Compensation benefits?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

37. Who covered the cost of damages or losses resulting from the work you performed?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

38. Who provided you with:

  1. Record of employment?
    • Temporary help/Employment Agency, please provide name:
    • Client Business, please provide name:
    • Non-applicable
    • Unknown
  2. T4 slip for tax purposes?
    • Temporary help/Employment Agency, please provide name:
    • Client Business, please provide name:
    • Non-applicable
    • Unknown

Integration

39. Were you part of a collective bargaining agreement?

  1. If so, you were a part of whose collective bargaining agreement?
    • Temporary help/Employment Agency, please provide name:
    • Client Business, please provide name:
    • Non-applicable
    • Unknown

40. Whose corporate activities such as fundraisers and Christmas parties could you participate in?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

41. Whose corporate activities did you participate in?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

42. With whose employees were you required to work in collaboration with?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

43. Who do you consider treated you as part of the enterprise/company?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

Occupational Health and Safety

44. To whom did you report a work-related accident?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

45. To whom did you report a Part II violation?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

46. To whom did you notify a refusal to work?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown

47. Were you a member of a Workplace Health and Safety Committee?

  1. If so, you were a member of whose committee?
    • Temporary help/Employment Agency, please provide name:
    • Client Business, please provide name:
    • Non-applicable
    • Unknown

48. Did you participate in the development of health and safety policies?

  1. If so, for whom were you developing health and safety policies?
    • Temporary help/Employment Agency, please provide name:
    • Client Business, please provide name:
    • Non-applicable
    • Unknown

49. Were you ever subjected to an Internal Complaint Resolution Process?

  1. If so, to whose Internal Complaint Resolution Process were you subjected?
    • Temporary help/Employment Agency, please provide name:
    • Client Business, please provide name:
    • Non-applicable
    • Unknown

50. Who provided you with health and safety information?

  • Temporary help/Employment Agency, please provide name:
  • Client Business, please provide name:
  • Non-applicable
  • Unknown
  1. Was the information federal or provincial in nature?
    • Federal
    • Provincial

Signature
Date

Appendix F.2: Questionnaire - Temporary help/Employment agency

2 asterisks (**) represent where input is necessary

**Name of Temporary Help/Employment Agency**
**Name, first name of person filling questionnaire**
**Business address**
**Business telephone number (include area code)**

The information you provide in this questionnaire will be used by the Labour Program of Employment and Social Development Canada to determine whether or not your relationship with **name of worker** is an employer/employee relationship to which the Canada Labour Code applies. The questions are categorized according to the format outlined by the Supreme Court of Canada in Pointe-Claire (City) v. Quebec (Labour Court), [1997] 1 S.C.R. 1015.

Please check how you feel adequately reflects your situation by indicating "Yes" or "No". If the question does not apply to your circumstance, indicate "n/a". If the question requires that you write an answer, please do so in the space provided.

"Client Business" means the person, enterprise or organization for who the work was performed.

"Worker" means the person who performed the work.

Temporary help/employment agency questionnaire

Selection process

1. Was the employee hired by the Client Business through your services?

  • Yes
  • No
  • n/a

2. Did you contact the employee directly to offer the employment position?

  • Yes
  • No
  • n/a

3. Did you conduct the interview?

  • Yes
  • No
  • n/a

4. Did you determine the selection criteria?

  • Yes
  • No
  • n/a

5. Did you apply the selection criteria?

  • Yes
  • No
  • n/a

Hiring

6. Did you enter into a contract of employment with the employee? If no, proceed to question 8.

  • Yes
  • No
  • n/a

7. Were you specified as the employer in the employment contract?

  • Yes
  • No
  • n/a

8. Did you consider the worker as your employee?

  • Yes
  • No
  • n/a

Training

9. Did you provide training?

  • Yes
  • No
  • n/a

10. Did you pay for the cost of the training?

  • Yes
  • No
  • n/a

11. Did you provide the training material(s) and/or tool(s)?

  • Yes
  • No
  • n/a

12. Did you pay the employee while he/she was in training?

  • Yes
  • No
  • n/a

13. Was the training provided at your workplace?

  • Yes
  • No
  • n/a

Discipline

14. Could you exercise disciplinary power up to and including termination of employment in cases of insubordination, poor performance or other?

  • Yes
  • No
  • n/a

15. Did you establish the disciplinary policy/policies?

  • Yes
  • No
  • n/a

16. Did you maintain the disciplinary record?

  • Yes
  • No
  • n/a

17. Did you have to advise the Client Business in a case of insubordination or other cases of misconduct?

  • Yes
  • No
  • n/a

Evaluations

18. Did you complete the performance evaluation(s)?

  • Yes
  • No
  • n/a

19. Did you establish the performance evaluation(s) criteria?

  • Yes
  • No
  • n/a

20. Did you provide the employee with feedback on his/her performance evaluation(s)?

  • Yes
  • No
  • n/a

21. Did you maintain the employee's personnel file?

  • Yes
  • No
  • n/a

Supervision

22. Did you supervise the employee's work?

  • Yes
  • No
  • n/a

23. Was the employee required to report his/her absences to you?

  • Yes
  • No
  • n/a

24. Did you need to approve the employee's leaves of absence/vacation time?

  • Yes
  • No
  • n/a

25. Was the employee required to submit a work report to you?

  • Yes
  • No
  • n/a

Assignment of tasks

26. Did you decide on the work location?

  • Yes
  • No
  • n/a

27. Did you determine what work activities the employee would perform?

  • Yes
  • No
  • n/a

28. Did you determine how the work was to be done?

  • Yes
  • No
  • n/a

29. Did you decide on the hours of work required to complete the job?

  • Yes
  • No
  • n/a

30. Did you set the standards to be met for volume/quality?

  • Yes
  • No
  • n/a

31. Did you decide on the territory to be covered?

  • Yes
  • No
  • n/a

32. Did you record the employee's hours of work? (If yes, please provide copies)

  • Yes
  • No
  • n/a

33. Was the employee required to attend your company meetings?

  • Yes
  • No
  • n/a

34. Did you schedule rest periods?

  • Yes
  • No
  • n/a

Remuneration

35. Did you decide how much the employee would be paid?

  • Yes
  • No
  • n/a

36. Did you decide how often the employee would be paid?

  • Yes
  • No
  • n/a

37. Did you issue the employee's pay cheques?

  • Yes
  • No
  • n/a

38. Did you provide other benefits such as a pension plan, a medical plan, a dental plan or other?

  • Yes
  • No
  • n/a

39. Who paid the Worker's Compensation benefits?

  • Yes
  • No
  • n/a

40. Did you cover the cost of damages or losses resulting from the work the employee performed?

  • Yes
  • No
  • n/a

41. Did you provide the employee with:

  1. Record of Employment?
    • Yes
    • No
    • n/a
  2. T4 slip for tax purposes?
    • Yes
    • No
    • n/a

Integration

42. Was the employee part of your collective bargaining agreement?

  • Yes
  • No
  • n/a

43. Did you take measures to assure the integration of the employee into your working environment?

  • Yes
  • No
  • n/a

44. Did the employee participate in your corporate activities such as fundraisers, Christmas parties or other?

  • Yes
  • No
  • n/a

45. Did you require the employee to work in collaboration with other employees?

  • Yes
  • No
  • n/a

46. Did you treat the employee as equally as other employees?

  • Yes
  • No
  • n/a

Occupational Health and Safety

47. To whom do you report a work-related accident?

48. Who investigates work-related accidents?

49. In case of a fatality, who must inform the Worker's Compensation Board and Occupational Health and Safety authorities?

50. Who maintains the accident reports?

Signature
Date

Appendix F.3: Questionnaire - Client business

2 asterisks (**) represent where input is necessary

**Name of Client Business**
**Name, first name of person filling questionnaire**
**Business address**
**Business telephone number (include area code)**

The information you provide in this questionnaire will be used by the Labour Program of Employment and Social Development Canada to determine whether or not your relationship with **name of worker** is an employer/employee relationship to which the Canada Labour Code applies. The questions are categorized according to the format outlined by the Supreme Court of Canada in Pointe-Claire (City) v. Quebec (Labour Court), [1997] 1 S.C.R. 1015.

Please indicate what you feel adequately reflects your situation by indicating "Yes" or "No". If the question does not apply to your circumstance, indicate "n/a". If the question requires that you write an answer, please do so in the space provided.

"Worker" means the person who performed the work.

Client business questionnaire

Selection process

1. Did you hire the worker through the Temporary help/Employment Agency's services?

  • Yes
  • No
  • n/a

2. Did you contact the employee directly to offer the employment position?

  • Yes
  • No
  • n/a

3. Did you conduct the interview?

  • Yes
  • No
  • n/a

4. Did you determine the selection criteria?

  • Yes
  • No
  • n/a

5. Did you apply the selection criteria?

  • Yes
  • No
  • n/a

Hiring

6. Did you enter into a contract of employment with the employee?

  • Yes
  • No
  • n/a

7. Were you specified as the employer in the employment contract?

  • Yes
  • No
  • n/a

8. Did you consider the worker as your employee?

  • Yes
  • No
  • n/a

Training

9. Did you provide training?

  • Yes
  • No
  • n/a

10. Did you pay for the cost of the training?

  • Yes
  • No
  • n/a

11. Did you provide the training material(s) and/or tool(s)?

  • Yes
  • No
  • n/a

12. Did you pay the employee while he/she was in training?

  • Yes
  • No
  • n/a

13. Was the training provided at your workplace?

  • Yes
  • No
  • n/a

Discipline

14. Could you exercise disciplinary power up to and including termination of employment in cases of insubordination, poor performance or other?

  • Yes
  • No
  • n/a

15. Did you establish the disciplinary policy/policies?

  • Yes
  • No
  • n/a

16. Did you maintain the disciplinary record?

  • Yes
  • No
  • n/a

17. Did you have to advise the Temporary help/Employment agency in a case of insubordination or other cases of misconduct?

  • Yes
  • No
  • n/a

Evaluations

18. Did you complete the performance evaluation(s)?

  • Yes
  • No
  • n/a

19. Did you establish the performance evaluation(s) criteria?

  • Yes
  • No
  • n/a

20. Did you provide the employee with feedback on his/her performance evaluation(s)?

  • Yes
  • No
  • n/a

21. Did you maintain the employee's personnel file?

  • Yes
  • No
  • n/a

Supervision

22. Did you supervise the employee's work?

  • Yes
  • No
  • n/a

23. Was the employee required to report his/her absences to you?

  • Yes
  • No
  • n/a

24. Did you need to approve the employee's leaves of absence/vacation time?

  • Yes
  • No
  • n/a

25. Was the employee required to submit a work report to you?

  • Yes
  • No
  • n/a

Assignment of tasks

26. Did you decide on the work location?

  • Yes
  • No
  • n/a

27. Did you determine what work activities the employee would perform?

  • Yes
  • No
  • n/a

28. Did you determine how the work was to be done?

  • Yes
  • No
  • n/a

29. Did you decide on the hours of work required to complete the job?

  • Yes
  • No
  • n/a

30. Did you set the standards to be met for volume/quality?

  • Yes
  • No
  • n/a

31. Did you decide on the territory to be covered?

  • Yes
  • No
  • n/a

32. Did you record the employee's hours of work? (if yes, please provide copies)

  • Yes
  • No
  • n/a

33. Was the employee required to attend your company meetings?

  • Yes
  • No
  • n/a

34. Did you schedule rest periods?

  • Yes
  • No
  • n/a

Remuneration

35. Did you decide how much the employee would be paid?

  • Yes
  • No
  • n/a

36. Did you decide how often the employee would be paid?

  • Yes
  • No
  • n/a

37. Did you issue the employee's pay cheques?

  • Yes
  • No
  • n/a

38. Did you provide other benefits such as a pension plan, a medical plan, a dental plan or other?

  • Yes
  • No
  • n/a

39. Who paid the Worker's Compensation benefits?

40. Did you cover the cost of damages or loses resulting from the work the employee performed?

  • Yes
  • No
  • n/a

41. Did you provide the employee with:

  1. Record of Employment?
    • Yes
    • No
    • n/a
  2. T4 slip for tax purposes?
    • Yes
    • No
    • n/a

Integration

42. Was the employee part of your collective bargaining agreement?

  • Yes
  • No
  • n/a

43. Did you take measures to assure the integration of the employee into your working environment?

  • Yes
  • No
  • n/a

44. Did the employee participate in your corporate activities such as fundraisers, Christmas parties or other?

  • Yes
  • No
  • n/a

45. Did you require the employee to work in collaboration with other employees?

  • Yes
  • No
  • n/a

46. Do you consider that you treated the employee as equally as other employees?

  • Yes
  • No
  • n/a

Occupational Health and Safety

47. Did you report a work-related accident?

  • Yes
  • No
  • n/a
  1. If yes, then to whom did you report a work-related accident?

48. Did you investigate work-related accidents?

  • Yes
  • No
  • n/a
  1. If no, who investigates work-related accidents?

49. In case of a fatality, did you inform the Worker's Compensation Board and Occupational Health and Safety authorities?

  • Yes
  • No
  • n/a
  1. If no, who must inform the Worker's Compensation Board and Occupational Health and Safety authorities?

50. Did you maintain the accident reports?

  • Yes
  • No
  • n/a
  1. If no, who maintains the accident reports?

Signature
Date

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