Actual Detailed Answers 2026/2027
Update.
Describe the employment relationship (2) - Answer - contract where employer pays
employee for services
- can be an independent contractor instead of employee
What are the differentiators between an employee and an independent contractor? (3) -
Answer - degree of integration & control
- who owns the tools
- the profit/loss risks
What are the incentives for disguising an employment relationship as a contractor relationship?
Risk? (3) - Answer - employer avoids red tape of remitting source deductions, EI, CPP
- employee will have fewer tax deductions
- CRA may audit & disallow
Resa works for 3 companies:
- all 3 "service contracts" require the customer to pay her w/in 15 days of invoice delivery
- each customer provides her w an office she shares w another employee providing the same
services
- she reports to an IT officer
- she deducts $300 off rent as office rent for tax purposes bc she does some work remotely
Does Resa have 3 part time jobs or does she operate a small business as an independent
contractor - Answer Resa has 3 part time jobs because she works in an office and reports to
someone
Define dependent contractor (3) - Answer - between an employee and independent
contractor
- characterized by economic dependence & exclusivity
What happened in the McKee & Bribet Holdings vs Reid's Heritage Homes case & the Keenan vs
Canac Kitchens case? (3) - Answer - ON court of appeal noted term dependent contractor
- economically dependent & worked almost exclusively for the respective companies
- decision: entitled to certain employee termination rights (reasonable notice)
, Which employees does the federal gov have jurisdiction over & what are the relevant statutes?
(4) - Answer - employees of the federal gov
- employees of federally regulated businesses
- Canada Labour Code
- Federal human rights legislation
The human rights legislation prohibits employer discrimination against what? (7) - Answer -
marital status
- race/colour
- mental/physical disability
- religion/creed
- sex
- sexual orientation
- age
Describe the exception to the discrimination prohibitions in the human rights legislation (3) -
Answer - "bona fide occupational requirement" (BFOR)
- exception if discriminatory practice is adopted in good faith & for legitimate business purpose
- eg. requiring a driver's license of truck drivers discriminates against the blind but is a BFOR
What are the 3 qualifications for a discriminatory practice to be a BFOR? - Answer - rationally
connected to job performance
- adopted in good faith
- reasonably necessary to do the job
What does the human rights legislation indicate? (2) - Answer - employers cannot
discriminate
- employers have a duty to accommodate to point of undue hardship
Brady, a personal trainer, is told he wont be promoted because the predominantly female
clientele would prefer a straight male manager. Brady can file a complaint under:
A. ON human rights code
B. CA human rights act
C. Charter of rights & freedoms
D. All of the above - Answer A. the ON human rights code because that is the corresponding
statute for non-federal jurisdiction & employer discrimination