E-12.001 - Pay Equity Act

Section 9 Disposition versions

1997-11-21

9. This Act does not apply to an independent operator, that is, a natural person who does business for his own account, by himself or within a partnership, and has no employees.

An independent operator who in the course of his business carries on activities for a person similar to or connected with those carried on in the enterprise of that person is considered an employee of that person, except

(1)  where he carries on the activities

(a)  simultaneously for several persons;

(b)  under a remunerated or unremunerated service exchange agreement with another independent operator carrying on similar activities; or

(c)  for several persons in turn and supplies the required equipment, and the work done for each person is of short duration; or

(2)  in the case of activities that are only intermittently required by the person who retains his services.

1996, c. 43, s. 9.