Act Now - The Report of the WCB Legislative Review Panel to the

3.1.3 Definition of EmployerThe Panel was asked to consider recommending revision to the definition of employer inthe Workers’ Compensation Acts and the Safety Acts. It was suggested that havingdifferent definitions created confusion for the public.The Panel examined the respective definitions against how the terms were used in thelegislation. The Panel does not accept the suggestion that a consistent definition isnecessary and believes that in some cases a consistent definition would actually add tothe confusion.The Panel reviewed the definition of employer for currency with changing workers’compensation environments. The Panel noted that the term “independent operator” hasbeen replaced in the legislation of other jurisdictions with the term “sole proprietor.” ThePanel observes that “sole proprietor” is more commonly used.The Panel concluded that the current definition of employer boils down to an entity thatpays workers in their employ, including themselves if they are an independent operator.As with the current definition of worker, there is no reference to an employmentrelationship. This seems unusual.Recommendations: 3.1.3 Definition of Employer1. Consideration should be given to using the term “sole proprietor” in place of“independent operator” in the Acts.2. The legislation should be amended to include reference to an employmentrelationship with workers in the definition of employer.3. Consideration should be given to reducing the list of entities (e.g., firm, association,body) that could be employers in the definition of employer.WCB Legislative Review Panel Report Page 17 of 128December, 2001