V o l u m e I I C h a p t e r 3. The Scope of Compensation Coverage in British Columbia: Who is Covered?

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1 V o l u m e I I C h a p t e r 3 The Scope of Compensation Coverage in British Columbia: Who is Covered?

2 Contents Universal Coverage... 5 Exemptions... 6 Employers... 8 Workers... 9 Volunteers Independent Operators Dissent: Recommendation #168(a) Principals of Incorporated Businesses Access to Published Policy Employer Liability The Fishing Industry...31 Out-of-Province Workers Aboriginal Registrations... 40

3 R o y a l C o m m i s s i o n o n W o r k e r s C o m p e n s a t i o n i n B r i t i s h C o l u m b i a, F i n a l R e p o r t V O L U M E I I [Chapter 3] The Scope of Compensation Coverage in British Columbia: Who is Covered? UNIVERSAL COVERAGE Amending section 2(1) of the Workers Compensation Act in 1994 greatly simplified its application at the highest level; the Act now applies to all workers and employers in the province, unless they are specifically exempted. However, this simplification has made it particularly important to define clearly the terms worker and employer. Based on employment and work relationships, the application of these terms ultimately decides the rights and responsibilities of all workplace parties. It affects: whether an individual receives benefits for a work related injury; the amount of benefits an individual receives for a work related injury; the nature and degree of an individual s responsibility for occupational health and safety in the workplace; the consequences of failing to abide by occupational health and safety regulations; whether the individual can sue or be sued for a work-related injury; and whether the individual pays assessments for personal coverage and/or for employees. The Act cannot list all the possible employment relationships; a code-like addition is not feasible and attempting to describe all possible relationships in advance could paralyze decision making in this area. This means that the legislation must grant the board a measure of flexibility in defining relationships. This flexibility inserts an element of uncertainty that is unavoidable. 5

4 VOLUME II: CHAPTER 3 T H E S C O P E O F C O M P E N S A T I O N C O V E R A G E I N B C : W H O I S C O V E R E D? Current legislation is intended to define worker and employer as broadly as possible. Section 2(1) of the Act states that This Part applies to all employers, as employers and all workers in British Columbia except employers or workers exempted by order of the board. This section addresses two important features pertaining to the scope of coverage in BC: From 1916 until 1993, compensation legislation in BC was exclusionary: workers and employers were not covered under the Act unless they fell within specifically-designated industries. This changed in 1994 when the Act was made inclusionary: workers and employers are covered under the Act unless specifically excluded. This amendment resulted in a large number of previously-disenfranchised workers, as well as employers, being brought under the legislation. Prior to 1994, the board lacked the authority to exempt workers or employers from the coverage of the Act who were otherwise within its scope. The 1994 amendment created a mechanism for exemptions where they were deemed necessary. Section 2(1) of the current Act is social legislation consistent with notions of fair and equitable treatment for all workers and the collective liability of all employers, not selected classes of either. These notions are part of the fabric of the historic compromise and few, if any, submissions seriously criticized this concept of a broad-based compulsory scheme. The commission supports this inclusionary approach and believes that it should be more explicitly stated in the Act. Therefore, the commission recommends that: 160. the Workers Compensation Act be amended such that the principle of universal coverage of workers and employers, independent of industry class or occupation, be stated explicitly. Exemptions The exemption process referred to in section 2(1) is contained in Assessment Policy #20:10:20, not legislation. The policy states that exemptions under section 2(1) of the Act are granted only to classes of industry or occupation and not to individual persons or businesses, unless the person or business constitutes 6 R o y a l C o m m i s s i o n o n W o r k e r s C o m p e n s a t i o n i n B r i t i s h C o l u m b i a

5 SCOPE OF COVERAGE the entire industrial or occupational group. Exclusions should only be granted under exceptional circumstances where it is demonstrated that inclusion would not fit the purpose and intent of the Act, described as: the prevention of injuries and occupational diseases; the payment of compensation for earnings losses resulting from injuries and diseases up to a maximum wage rate, medical expense reimbursement and rehabilitation provisions; the limitation of coverage to employment relationships and activities; provision of no fault compensation in lieu of the right to sue; and the characterization of compensation as a cost of production for products and services marketed by the employer rather than a charge on the taxpayer. The policy also sets out certain factors which, in themselves, are not sufficient to result in a general exemption order being made. These include: the wishes of employers and workers; the size of the employer s operations; the fact of coverage already existing through private disability plans; and the degree of risk of injury. Making exemptions industry-based creates greater certainty and predictability for work relationships the outcome of any application, once known, will apply to an entire class. At the same time, it increases administrative efficiency by eliminating the probability of a multiplicity of identical applications and greatly reduces the risks of inconsistency inherent in individual adjudication. The commission has identified five categories of exemptions currently in place (individuals in some of these exempted categories may apply to the board for voluntary coverage). The five categories are: domestic workers working fewer than a prescribed number of hours per week; businesses operated by spouses; non-residents; professional sports competitors; and personal financial holding companies. This notice of status under the Act could be strengthened by listing exemptions in a schedule to the Act. As with the concept of a broad-based compulsory workers compensation scheme, presenters raised few concerns with the specifics of the criteria by which employers or workers are exempted. Nor was there criticism of the cur- F I N A L R E P O R T 7

6 VOLUME II: CHAPTER 3 T H E S C O P E O F C O M P E N S A T I O N C O V E R A G E I N B C : W H O I S C O V E R E D? rent exemptions. However, the commission is concerned that the criteria for exemption, while appropriate, is contained in policy, not legislation. Legislation should provide the framework for determining the status of workplace parties. Therefore, the commission recommends that: 161. the Workers Compensation Act be amended such that the exclusive authority of governors to exempt specific industries or occupations and admit otherwise exempted classes on specified terms, be stated explicitly. The commission is also of the view that the exclusive authority of the board of governors to grant exemptions should be stated clearly in legislation. Therefore, the commission recommends that: 162. the Workers Compensation Act be amended to include the exemption criteria set out in resolution of the governors #60, dated February 7, 1994, and the resolution of the panel of administrators, dated May 15, EMPLOYERS The Workers Compensation Act currently defines an employer as: every person having in their service under a contract of hiring or apprenticeship, written or oral, express or implied, a person engaged in work in or about an industry. This definition is similar to definitions found in other Canadian jurisdictions (they all describe the traditional master/servant employment relationship). However, three jurisdictions (Ontario, Alberta, and Northwest Territories) are clearer than BC, in that they include the ability to deem a workplace party to be an employer for compensation purposes. This ability to deem an employment relationship may be exercised where a party (i.e., a home owner) contracting with another party (i.e., a renovation contractor) for the purchase of goods and services is not regarded as an employer in other contexts, such as from a lay perspective, or according to taxation legislation. 8 R o y a l C o m m i s s i o n o n W o r k e r s C o m p e n s a t i o n i n B r i t i s h C o l u m b i a

7 SCOPE OF COVERAGE While section 2(2) of the BC Workers Compensation Act specifies the board s authority to apply Part 1 of the Act: (a) to an independent operator who is neither an employer nor a worker as though the independent operator was a worker, or (b) to an employer as though the employer was a worker. the authority to deem a workplace party an employer is found in policies #20:10:30 and #20:30:20 of the Assessment Policy Manual. Section 2(2) does not provide the authority to deem a workplace party an employer. The commission believes that the board should have the authority to deem employers for the purpose of compensation; it is a necessary part in determining work relationships under the Act. However, that authority should be clearly stated in legislation. Therefore, the commission recommends that: 163. the definition of employer found in Section 1 of the Workers Compensation Act be amended to include any person deemed by the Workers Compensation Board to be an employer for the purposes of workers compensation. WORKERS The Act currently defines a worker as: (a) a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise; (b) a person who is a learner, although not under a contract of service or apprenticeship, who becomes subject to the hazards of an industry within the scope of Part 1 for the purpose of undergoing training or probationary work specified or stipulated by the employer as a preliminary to employment; (c) when serving a municipality, an urban area, an improvement district or a regional district under the Municipal Act, a board of school trustees, a francophone education authority as defined in the School Act, a library board, a parks board, the city of Vancouver or a board or commission having the management or conduct of work or services on behalf of a municipality, urban area, F I N A L R E P O R T 9

8 VOLUME II: CHAPTER 3 T H E S C O P E O F C O M P E N S A T I O N C O V E R A G E I N B C : W H O I S C O V E R E D? improvement district, regional district, board of school trustees, francophone education authority as defined in the School Act, library board, parks board or the city of Vancouver, a member of a fire brigade or an ambulance driver or attendant working with or without remuneration; (d) in respect of the industry of mining, a person while the person is actually engaged in taking or attending a course of training or instruction in mine rescue work under the direction or with the written approval of an employer in whose employment the person is employed as a worker in that industry, or while, with the knowledge and consent of an employer in that industry, either express or implied, he or she is actually engaged in rescuing or protecting or attempting to rescue or protect life or property in the case of an explosion or accident which endangers either life or property in a mine, and this irrespective of whether during the time of his or her being so engaged the person is entitled to receive wages from the employer, or from any employer, or is performing the work or service as a volunteer; (e) further, in respect of the industry of mining, a person while he or she is engaged as a member of the inspection committee, appointed or elected by the workers in the mine, to inspect the mine on behalf of the workers; (f) an independent operator admitted by the board under section 2 (2); and (g) a person deemed by the board to be a worker under section 3(6). This definition divides workers who fall within the compulsory scope of the Act into two broad subcategories those under a traditional contract of service (referenced in subparagraph (a) of the definition), and those who are not, or may not be, in a traditional employment relationship but who are specifically designated as workers in the Act (referenced in subparagraphs (b) to (g) of the definition). As noted in subparagraph (f), this can include certain independent contractors and even some employers pursuant to section 2(2) of the Act (the categories of compulsory workers specified in subparagraphs (d) and (e) have been in the Act since its inception in Learners and municipal fire fighters were added to this category in 1954, ambulance drivers and attendants in 1968.). 10 R o y a l C o m m i s s i o n o n W o r k e r s C o m p e n s a t i o n i n B r i t i s h C o l u m b i a

9 SCOPE OF COVERAGE Section 3 of the Act recognizes a category of non-compulsory workers who can be designated as workers on a discretionary basis if they fall within the criteria set out. It provides as follows: Extending application 3. (1) to (3) Repealed.[S.B.C. 1993, c. 34, s. 2] (4) Admissions under this section may be made at the time, in the manner, subject to the terms and conditions and for the period the board considers adequate and proper. (5) Where a person or group of persons carries on an undertaking that the board thinks is in the public interest, the board may, on the terms and conditions it directs, (a) deem the person or group of persons, whether or not any of them receive payment for their services, to be workers for the purposes of this Act; (b) on approval of the Lieutenant Governor in Council, deem the person or group of persons to be workers of the Crown in right of the Province; and (c) where a person who is deemed to be a worker is not regularly employed, and having regard to all the circumstances, including his or her income, fix his or her average earnings at not less than $93.73 per week or more than the maximum wage rate provided under section 33. (6) Where the Minister of Education, Skills and Training and the Minister of Labour approve a vocational or training program, and a school or other location as a place of that vocational or training program, the board may, at the request of either minister, deem any person or class of persons enrolled in the program to be workers of the Crown in right of the Province and compensation under this Act is then payable out of the accident fund for injuries arising out of and in the course of training for those workers, but where the injury results in a period of temporary disability with no loss of earnings, (a) a health care benefit only is payable except as provided in paragraph (b); and (b) where training allowances paid by Canada or the Province are suspended, the board may, for the period it considers advisable, pay compensation in the amount of the training allowance. F I N A L R E P O R T 11

10 VOLUME II: CHAPTER 3 T H E S C O P E O F C O M P E N S A T I O N C O V E R A G E I N B C : W H O I S C O V E R E D? (7) Where a person or group of persons is engaged in a work study program or other program of self improvement involving work, whether or not the person or group receives payment for the work, the board may (a) on the application of an employer or a program organizer, and on the terms and conditions the board directs, by order, admit the person or group as being within the scope of this Part, and, on admission, the person or group is deemed to be a worker or workers to whom this Part applies, and the board may levy assessments on the employer or program organizer by the formula the board determines; or (b) with the approval of the Lieutenant Governor in Council, deem a person or group engaged in the program to be workers of the Crown in right of the Province, on the terms and conditions the board determines. As with employer, there are a number of similarities between provinces in the definition of worker. All provinces include the basic traditional definition of worker a person who enters into a contract of service or apprenticeship. As well, all provinces designate as workers individuals who, in specified instances, might not fall within the traditional definition. These include learners, students, those participating in rescue operations, domestic workers working more than a certain number of hours per week, and volunteers, to name a few. For example, Ontario describes a worker as: a person who has entered into or is employed under a contract of service or apprenticeship and includes the following: 1. A learner. 2. A student. 3. An auxiliary member of a police force. 4. A member of a municipal volunteer ambulance brigade. 5. A member of a municipal volunteer fire brigade whose membership has been approved by the chief of the fire department or by a person authorized to do so by the entity responsible for the brigade. 6. A person summoned to assist in controlling or extinguishing a fire by an authority empowered to do so. 12 R o y a l C o m m i s s i o n o n W o r k e r s C o m p e n s a t i o n i n B r i t i s h C o l u m b i a

11 SCOPE OF COVERAGE 7. A person who assists in a search and rescue operation at the request of and under the direction of a member of the Ontario Provincial Police. 8. A person who assists in connection with an emergency that has been declared to exist by the Premier of Ontario or the head of a municipal council. 9. A person deemed to be a worker of an employer by a direction or order of the Board. 10. A person deemed to be a worker under section A pupil deemed to be a worker under the Education Act. Nova Scotia defines worker in the following terms: worker means a worker within the scope of Part I, and includes (i) a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, (ii) an officer, director or manager of an employer, where the person is actively engaged in the business and is carried on the payroll of the business at the person s actual earnings, (iii) a learner, (iv) a student admitted pursuant to Section 6, (v) a member of a municipal volunteer fire department admitted pursuant to Section 5, (vi) in respect of the industry of fishing, a person who becomes a member of the crew of a vessel under any profit-sharing arrangement, (vii) in respect of the industry of mining, a person while actually engaged in taking or attending a course of training or instruction in mine rescue work under the direction or with the approval, express or implied, of an employer in whose employment the person is employed as a worker in that industry, (viii) in respect of any industry, a person while actually engaged in rescuing or protecting or attempting to rescue or protect life or property in the case of an explosion, a fire or other emergency, that endangers either life or property in or about the industry in which the person is employed, (ix) any other person who, pursuant to Part I, the regulations or an order of the Board, is deemed to be a worker, and F I N A L R E P O R T 13

12 VOLUME II: CHAPTER 3 T H E S C O P E O F C O M P E N S A T I O N C O V E R A G E I N B C : W H O I S C O V E R E D? (x) in relation to compensation payable to a dependant, a dependant, but, subject to Section 4, does not include (xi) a receiver, liquidator or other person appointed by a court or a judge with power to manage or carry on the business of an employer for winding-up or other purposes, (xii) an employer, or (xiii) a member of the family of an employer or a member of the family of a director of a corporation who (A) is employed by the employer or the corporation, and (B) lives with the employer or director as a member of the employer s or director s household. There are also differences between the provinces in their treatment of who is or is not a worker in a specific instance. A domestic worker working more than a minimum number of hours per week is considered a worker in both BC and in Manitoba; however, in BC it is done by policy prescribed by the governors while in Manitoba it is addressed directly in legislation. Presenters to the commission, and the commission itself, have not identified any reasons for altering the definition of worker with respect to both compulsory workers, as defined by the Act and discretionary, non-traditional workers under section 3 of the Act. The intent of universal coverage of workers framed in section 2(2) of the Act is reasonably well attained and few, if any, gaps were brought to the commission s attention. Apart from issues surrounding independent contractors ( see below), current legislation describing who is and is not a worker is appropriate. However, as with the authority to deem employers for the purposes of workers compensation, the Act should clearly state the board s authority to deem a worker for the same purpose. Alberta sets out its board deeming authority in section 11(2) of its legislation: (2) Notwithstanding anything in this Act, the Board may, in its discretion or on the application of any interested party, by order deem any person or class of persons who have performed or are performing work for or for the benefit of another person to be workers of that other person for the purposes of this Act for the period or periods of time that the work was or is performed. Similar wording should be included in British Columbia s Act. 14 R o y a l C o m m i s s i o n o n W o r k e r s C o m p e n s a t i o n i n B r i t i s h C o l u m b i a

13 SCOPE OF COVERAGE Therefore, the commission recommends that: 164. the definition of worker found in Section 1 of the Workers Compensation Act be amended to include any person or group of persons deemed by the Workers Compensation Board to be a worker for the purposes of workers compensation in a manner similar to that found in the Alberta Workers Compensation Act, Section 11(2). VOLUNTEERS Section 3(5) provides the board with the discretion to admit, as workers, those volunteers whose activities are deemed by the board to be in the public interest. 3 (5) Where a person or group of persons carries on an undertaking that the board thinks is in the public interest, the board may, on the terms and conditions it directs, (a) deem the person or group of persons, whether or not any of them receive payment for their services, to be workers for the purposes of this Act; (b) on approval of the Lieutenant Governor in Council, deem the person or group of persons to be workers of the Crown in right of the Province. The term public interest is interpreted in board policy #20:10:40. In the case of Section 3(5)(a), where coverage appears to be provided through the board s general accident fund, in the public interest is interpreted to mean in the local interest. The example quoted in the policy is that of volunteer firefighters in rural areas, outside organized municipal boundaries. In the case of section 3(5)(b), where the cost of coverage would be assessed against the province, public interest is interpreted as only those undertakings which affect a broad segment of the public (for example, St. John s Ambulance Society and Mountain Rescue Society), rather than those whose activities center around specific interest groups. F I N A L R E P O R T 15

14 VOLUME II: CHAPTER 3 T H E S C O P E O F C O M P E N S A T I O N C O V E R A G E I N B C : W H O I S C O V E R E D? Requiring coverage for volunteers is a sound policy. Volunteerism fosters a sense of community responsibility and encourages the development and transfer of diverse skills a process which benefits the entire community, including industry. As such, the distinction between local and broadly-based public interest is a useful, if sometimes difficult to apply, test for determining who will fund coverage the general taxpayer, or employers through the accident fund. At the same time, the commission is of the view that defining what is and is not in the public interest, is not within the purview of the board (see: Volume One, Governance and Accountability). Legislation should define public interest. Therefore, the commission recommends that: 165. Section 3 of the Workers Compensation Act be amended to include a definition of the term public interest as interpreted by Workers Compensation Board policy #20:10:40 Admission of Employers, Workers and Independent Operators. INDEPENDENT OPERATORS Perhaps the most controversial, and certainly the most complicated issues in the area of workplace status involve the category independent operator. Deciding whether a person seeking registration as an independent operator is, in fact: a worker and unable to register; a labour contractor (a workplace party with both worker and independent firm attributes), who may tender an application or be covered under a deemed employer; an independent operator who may purchase personal coverage from the board or carry their own risk; or an employer who must register with the board, is rarely an easy task. Nor is it likely to become less complicated in the future, particularly if non-standard work relationships continue to grow at the expense of the more traditional forms. Although some presentations to the commission describe the board s rules and policies in this area as artificial and arbitrary, the underlying problem, determining workplace party status, is very real. According to Larson s Workers Compensation (1998): 16 R o y a l C o m m i s s i o n o n W o r k e r s C o m p e n s a t i o n i n B r i t i s h C o l u m b i a

15 SCOPE OF COVERAGE The employee-independent contractor distinction is not an artificial dichotomy invented by legal minds interested in fine distinctions for their own sake. It is a fundamental fact of business life which could not be abolished by the most grandiose legislation. The category of independent operator was added to the Act in Neither a worker not an employer (both mandatory participants in the compensation system), independent operators are a third category one that participates voluntarily. Section 2(2) states that: The board may direct that this Part applies on the terms specified in the board s direction a. to an independent operator who is neither an employer nor a worker as though the independent operator was a worker, or b. to an employer as though the employer was a worker. This type of optional coverage is common in Canadian jurisdictions. For example, Section 4 of the Nova Scotia Workers Compensation Act both defines independent operator and provides for optional coverage: 4.(1) Subject to subsection 3(2), the Board may, on application, admit to the operation of this Part any person not otherwise within the operation of this Part. (2) The Board may, on the application of an independent contractor, admit the independent contractor to the operation of this Part as if the independent contractor were a worker where the independent contractor performs work, the nature of which falls within the scope of this Part. (3) Where an independent contractor is admitted to the operation of this Part, the independent contractor is (a) a worker in so far as this Part applies to workers employed by an employer; and (b) an employer, in so far as this Part applies to employers of a worker. (4) In this Section, independent contractor means a person who is not an employer or a worker but who performs work that, if the person were a worker other than by operation of subsection (3), would be within the scope of this Part. (5) The Board may, on the application of a person who is an employer but who is not a worker within the meaning of this Part, determine that that person is a worker within the operation of this Part and entitled to compensation pursuant to this Part. F I N A L R E P O R T 17

16 VOLUME II: CHAPTER 3 T H E S C O P E O F C O M P E N S A T I O N C O V E R A G E I N B C : W H O I S C O V E R E D? (6) The Board may, on the application of an employer, admit to the operation of this Part a person referred to in subclause 2(ae)(xiii). (7) The Board may admit a person to the operation of this Part pursuant to subsection (1), (2), (5) or (6) subject to any terms of admission that, in the opinion of the Board, are necessary or expedient. Similarly, section 41 of the Newfoundland Act states that: 41. An independent operator, not being an employer or a worker but performing work of a nature that would be within the scope of this Act, may be admitted by the commission as being entitled for himself or herself and his or her dependants to the same compensation as if he or she were a worker within the scope of this Act. Therefore, the commission recommends that: 166. independent operator be defined in Section 1 of the Workers Compensation Act as a self-employed person who is not a worker or an employer, or deemed by the Workers Compensation Board to be a worker or employer. It is also true that all provinces take a heavily, policy-based approach to defining work relationships in general and the independent operator category in particular. While there are variations in these approaches there are, on the whole, more similarities than differences. In BC, the policies that speak to establishing independent operator status are found in both manuals and published decisions. Many of the most significant factors employed by the board are listed in the board s briefing paper entitled Determining Who is a Worker Under the Workers Compensation Act: the nature of services provided under the contract; the method of remuneration; the employment of others; the fact of seeking registration with the board; incorporation; continuity of work; control of the manner in which the work is completed; ownership of equipment or licences; 18 R o y a l C o m m i s s i o n o n W o r k e r s C o m p e n s a t i o n i n B r i t i s h C o l u m b i a

17 SCOPE OF COVERAGE terms of work; custom in the industry; and whether the person can be said to exist as a separate business enterprise. The current Ontario Organizational Test from the Ontario Workers Compensation Board Operational Policy appears to be more effective in communicating the factors to be considered in reaching a decision. These factors are grouped under three categories: 1. The degree of control that the individual is subject to in doing the work; 2. The opportunity that the individual has to make a profit or suffer a loss in doing the work; and 3. Other applicable criteria that characterise the work relationship. The factors pertaining to category one of the test (control) include: choice in when, where and how the work is to be done for the purchaser of the service; training, supervision and discipline matters; whether the work is performed personally or with hiring of others; choice of hours of work; degree of freedom to seek other work concurrently; degree to which the work must be co-ordinated or sequenced with other tasks the purchaser requires done; method and frequency of remuneration; ownership of licences necessary for the work; existence of obligations to collect and/or deduct and remit taxes, EI, CPP, GST; and status of work relationship as determined by other government agencies such as Revenue Canada. The factors grouped under category two (the opportunity to earn a profit or suffer a loss) include: the kind and number of assets used in performance of the work as well as assets purchased and consumed for the work itself; the amount equipment acquisition, maintenance, licensing, insurance and related costs, and the process by which it is determined who pays for those costs; and the potential impact which factors 1 and 2 have on the opportunity to make a profit or suffer a loss. F I N A L R E P O R T 19

18 VOLUME II: CHAPTER 3 T H E S C O P E O F C O M P E N S A T I O N C O V E R A G E I N B C : W H O I S C O V E R E D? The factors grouped under category three of the test (other criteria) include: whether the purchaser of the service has a continuing need for that service; degree to which purchaser plays a role in this hiring of assistants; whether the work relationship is a continuing one; degree to which purchaser owns or controls the worksite; whether purchaser requires periodic reports; and circumstances detailing the right to terminate the relationship; and whether the provider works for only one purchaser at a time. Ontario has also compiled industry-specific questionnaires for particularly problematic occupations, such as construction, couriers and logging. These questionnaires assist in determining of worker and independent operator status in services and industries where such a determination is idiosyncratic. Much could be said about both the BC and Ontario tests, but that is not necessary for the purpose of this report. Indeed the commission was invited by some submitters to comment on the adequacy of the test for labour contractors and was urged to adopt an economic dependency test similar to that employed in the labour relations field. However, the commission has declined to delve into such a complex and fact-based policy issue in a manner which might be seen to place particular emphasis on any one factor. For the most part, the factors considered in British Columbia have been developed, and will continue to develop, over time in response to particular work situations. The weight assigned to each factor by the board will necessarily vary from case to case. The fact that this inserts a degree of uncertainty in determining some problematic work relationships is unavoidable. While unwilling to recommend that this province s compensation board adopt Ontario s Organizational Test (the commission has not conducted a comparative evaluation of the BC and Ontario approaches), the commission is of the view that Ontario s industry- specific questionnaires could be usefully adapted to BC s work environment. These questionnaires could be used in addition to the general tests for determining work relationships currently found in, but not limited to, Decisions No. 26, 32, 138 (to the extent that it is not inconsistent with Decision No. 255), 255 and in the Assessment Policy Manual at paragraphs 20:10:30 and 20:30:20, to develop guidelines for decision making in particularly problematic occupations (i.e., fallers). They would go some way toward answering the board s need, highlighted in the briefing paper, for quick resolution on questions of status. The board briefing paper presents two examples of where this is nec- 20 R o y a l C o m m i s s i o n o n W o r k e r s C o m p e n s a t i o n i n B r i t i s h C o l u m b i a