Liability of contractor, sub-contractor and principal
70(1)Where work within the scope of this Part is undertaken for any person by a contractor, both the contractor and the person for whom such work is undertaken shall be liable for the amount of any assessment in respect thereof, 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 any term in the contract to the contrary the contractor is, as between himself and the person for whom such work is performed, primarily liable for the amount of such assessment.
70(2)Where work within the scope of this Part is performed under sub-contract, both the contractor and the sub-contractor are liable for the amount of any assessments in respect of the work, and such assessments may be levied upon and collected from either, or partly from one and partly from the other, but in the absence of any term in the sub-contract to the contrary the sub-contractor is as between himself and the contractor primarily liable for such assessments.
70(3)Where a contractor or sub-contractor is not assessed with respect to the work carried on by him as contractor or sub-contractor, the Commission may consider the workers of the contractor or sub-contractor, if any, and the contractor or sub-contractor to be workers of the principal with respect to an industry within the scope of this Part, but in the absence of any term in the contract or sub-contract to the contrary, the principal is entitled to recover from the contractor the amount or apportionate amount of any assessment paid by the principal with respect to the contractor or sub-contractor or their workers, and the contractor is entitled to recover from the sub-contractor the amount or apportionate amount of any assessment paid by the contractor with respect to the sub-contractor or his workers.
R.S., c.255, s.65; 1981, c.80, s.3; 2002, c.41, s.1