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Finance committee  I would just add that it's a determination of whether you are considered to be an employee or self-employed. In terms of whether that then leads to the designation as a personal services business, there are a couple of other factors to consider. The legislation says, if not for the corporation, you would have been considered an employee—those are the factors that Lucie just talked about—but also, you or someone related to you has to own more than 10% of the shares of that corporation, and if you don't have more than five full-time employees throughout the year, that then signifies that you are a personal services business.

December 3rd, 2009Committee meeting

Susan Betts

Finance committee  Go ahead.

December 3rd, 2009Committee meeting

Susan Betts

Finance committee  The distinction is that just because somebody has a corporation doesn't automatically make them a personal services business. There are the four factors that have to be evaluated in every case—

December 3rd, 2009Committee meeting

Susan Betts

Finance committee  Sure. First of all, in terms of any contact we would have with...I'm going to call them a service recipient, in section 241, the confidentiality provisions would prevent us from going to the service recipient and saying that we've had a look at your service provider and changed the characterization.

December 3rd, 2009Committee meeting

Susan Betts