PART XI INJURY FUND AND ASSESSMENTS — Assessment where work contracted
144
(1) Where work is undertaken for a principal by a contractor, both the principal and contractor are liable for the amount of an assessment in respect of the work and the assessment may be levied upon and collected from either of them, or partly from one and partly from the other, but in the absence of a term in the contract to the contrary the contractor is primarily liable for the amount of the assessment.
144(2)
Where work is performed under a subcontract, the principal, the contractor and the subcontractor are liable for the amount of assessment in respect of the work, and the assessment may be levied upon and collected from any or all of them, but in the absence of a term in the subcontract to the contrary the subcontractor is primarily liable for the amount of the assessment.
144(3)
The commission may consider
144(a)
a contractor or subcontractor who has not been assessed with respect to the work carried on as contractor or subcontractor, or a worker of the contractor or subcontractor to be a worker of the principal; and t he principal is entitled to recover from the contractor the amount or proportionate part of an assessment paid by the principal with respect to the contractor or the contractor's workers or with respect to the subcontractor or the subcontractor's workers; and the principal is entitled to withhold from money payable to the contractor an amount which the commission may estimate as the probable amount for which the principal is or may become liable; and
144(b)
a worker of a subcontractor to be a worker of the contractor with respect to an industry. t he contractor is entitled to recover from the subcontractor the amount or proportionate part of an assessment paid by the contractor with respect to the subcontractor or the subcontractor's workers. in an action that the contractor may bring against the principal the principal has the right to set off the amount against the contractor and the contractor is not entitled to recover from the principal a portion of the amount, but after the final adjustment by the commission of the amount due with respect to the work carried on by the contractor, the contractor is entitled to an amount still remaining in the hands of the principal after payment of the amount due the commission.
144(4)
Notwithstanding subsections (1) and (2), in the absence of a term in the contract or subcontract to the contrary,
144(5)
Where a principal is liable for an assessment with respect to work carried on by a contractor,
144(6)
As between a contractor and subcontractor the contractor is for the purpose of this section considered a principal and the subcontractor a contractor.
144(7)
A principal shall provide to the commission the information prescribed in the regulations in the form, manner and time period prescribed in the regulations.
144(8)
In this section, "principal" means the person for whom work is undertaken.
Not legal advice. Verify the cited article against the signed agreement.