Contractors

The distinction between an employee and an independent contractor is not determined by what the strata corporation calls the person. It is determined by the actual relationship between the parties. If a person is misclassified as a contractor, the strata corporation may face claims for employment standards entitlements, termination pay, common law reasonable notice, tax and payroll consequences, WorkSafeBC issues, and legal costs.

The safest approach is to be deliberate; strata corporations should not accidentally become employers. They should know who they are hiring, document the relationship properly, and manage the relationship consistently with the legal status they intend to create.