Summary: Many postdocs in Canada remain classified as ‘trainees’ rather than ’employees’ despite the spread of postdoctoral unions across the country and a number of provincial labour board rulings to the contrary. As a result, those individuals are denied access to Employment Insurance and the Canada Pension Plan – two social security programs that many postdocs would find beneficial. Your employment status and access to EI/CPP is not at the sole discretion of your employer, as the Canada Revenue Agency (CRA) has rules in place regarding what constitutes an “employer-employee relationship” for the purposes of access to those public support programs. This webinar focuses on the mechanism by which postdocs (or anyone in Canada) can request a ruling by the CRA regarding their employment status for the purposes of access to EI and CPP, as well as the criteria used by the CRA to determine whether an individual should be considered an employee. These rulings override institutional regulations regarding the classification of postdocs and provide a mechanism by which any postdoc may be able to gain access to statutory benefits, including paid parental leave, sick leave, job-loss coverage, and the Canada Pension Plan.
Relevant Links:
PDF of the webinar presentation in English
PDF de la présentation du webinaire en français
CRA publication: Employee vs. Self-employed can be found here (ou ici en français).
CRA Form CPT1 can be found here (ou ici en français).
For more information about deciding whether or not to pursue a Ruling from the CRA, please see our previous publications on this topic:
https://www.caps-acsp.ca/en/reminder-cpp-ei-rulings-deadline/
https://www.caps-acsp.ca/wp-content/uploads/2016/06/CRA-Employment-Status-Rulings-_-June-15-2016.pdf
Date: January 30, 2019
Moderator: Dr. Joseph S. Sparling (CAPS/ACSP)
Presenters: Anne Chartrand and Eric Gagnon (CRA)
Presenter biographies:
Anne Chartrand is a Technical Policy Advisor working in the Policy Section of the CPP/EI Rulings Division, Legislative Policy Directorate in Ottawa. Anne worked for the Canada Revenue Agency for 10 years, occupying various positions in the CPP/EI Rulings Division. Then she worked for Service Canada for 10 years as a Senior Program Officer where she was responsible for developing operational policies and providing guidance for the EI Premium Reduction Program and the Supplemental Unemployment Benefit Program. Anne returned to the Canada Revenue Agency in December 2017 and is now involved in developing policies and interpretive articles as well as providing technical interpretation of the Canada Pension Plan and Employment Insurance Act to both internal and external clients.
Eric Gagnon is a Senior Technical Advisor working in the Policy Section of the CPP/EI Rulings Division, Legislative Policy Directorate in Ottawa. Eric has worked for the Canada Revenue Agency for more than 20 years, occupying various positions at the International Tax Services Office, Ottawa Tax Services Office and Outaouais Tax services offices prior to joining Headquarters in 2000. Eric is involved in developing policies and interpretive articles as well as providing technical interpretation of the Canada Pension Plan and Employment Insurance Act to both internal and external clients. He is also involved in developing and drafting amendments to the CPP and EI legislation in a timely manner and ensure that the new legislation is administered as intended.