Depending on the specific laws in your province, homeowners who hire a contractor "under the table" can become responsible for meeting workplace health and safety regulations. In other instances, the homeowner can become an "employer" and be required to enroll those working on their home in the provincial Workers' Compensation program.

Homeowners are generally unaware of these potential responsibilities, believing that their "underground" contractor bears all the risks if there is a workplace accident. However, as we all know, "ignorance of the law is no defense".

Here are some examples of what has happened to homeowners who ran afoul of provincial laws and regulations in this area.

Example One: Homeowner Fined $20,000

In Ontario, homeowners who function as their own general contractors and hire workers can be classified as "constructors" under provincial labour law. In these circumstances, unsafe workplace conditions can leave them open to fines under Ontario's Occupational Health and Safety Act. For example, in 2003 a homeowner in North York was fined $20,000 after a worker died while working on his home. Click HERE to download the Ontario Ministry of Labour press release on this case.

Example Two: B.C. Homeowner Loses Appeal Over Fine

In British Columbia, homeowners who hire workers not covered by the provincial Workers' Compensation Program are required to enroll these workers. If they fail to do this, they can be subject to fines and rehabilitation costs if a worker is injured on their property. Recently, one B.C. homeowner fined under the province's Workers' Compensation Act appealed such a fine but was unsuccessful. To learn more about this case, click HERE to download the appeal decision.