ARTICLE · 30 JUNE 2017

Misclassification Of Workers Under The Fair Workplaces, Better Jobs Act, 2017 (Bill 148)

Norton Rose Fulbright Canada LLP

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The report reviewed numerous aspects of our workforce and the legislation that applies to it.

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Norton Rose Fulbright Canada LLP

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On May 23, 2017, the Ontario Government released The Changing Workplaces Review: An Agenda for Workplace Rights Final Report. The report reviewed numerous aspects of our workforce and the legislation that applies to it. A portion of the report included a statistic that found a significant increase in the number of individuals that are self-employed without paid help. The report then provided the following assessment of that statistic:

"[S]ome of the growth in self-employment is the result of deliberate misclassification by businesses that do not wish to incur liability for employees and wish to shed liability for mandatory deductions and contributions to public pensions, employment insurance and workers compensation schemes, together with shedding responsibility for employment standards such as maternity and parental leaves."

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