12.2 (1) The following persons are deemed to be workers to whom the insurance plan applies: 1.  Every independent operator carrying on business in construction. 2.  Every sole proprietor carrying on business in construction. 3.  Except as otherwise provided by the regulations, every partner in a partnership carrying on business in construction. 4.  Except as otherwise provided by the regulations, every executive officer of a corporation carrying on business in construction.  2008, c. 20, s. 4. Deemed employer (2) When a person is deemed to be a worker under subsection (1), the independent operator, sole proprietor, partnership or corporation, as the case may be, is deemed to be the employer for the purposes of the insurance plan.  2008, c. 20, s. 4. Payment in advance (3) The Board may require the employer to pay in advance all or part of any premiums payable in respect of the person.  2008, c. 20, s. 4. Set-off (4) If the employer defaults in paying the required premiums in respect of the person and the person or his or her survivors are entitled to receive payments under the insurance plan, the Board may deduct from those payments the amount owed by the employer.  2008, c. 20, s. 4. Regulations, partners and executive officers (5) The Lieutenant Governor in Council may make regulations, (a)  exempting a partner or executive officer from the application of subsections (1) to (4); (b)  prescribing the conditions that must be satisfied by the partner, partnership, executive officer or corporation, as the case may be, for the exemption to apply.  2008, c. 20, s. 4. Same (6) A regulation made under subsection (5) may prescribe conditions relating to, but not limited to, (a)  the minimum number of executive officers of the corporation; (b)  the nature of the work performed by a partner or executive officer; (c)  the size of the partnership or corporation and the manner of determining the size of each; (d)  the number or the manner of determining the number of partners of a partnership or executive officers of a corporation that are exempt.  2008, c. 20, s. 4. Same (7) A regulation made under subsection (5) may, (a)  prescribe different conditions relating to partners and executive officers and to partnerships and corporations; (b)  prescribe such requirements as may be necessary to enable the Board to administer the regulation and to determine if, at any particular time, a partner or executive officer is exempt from the application of subsections (1) to (4).  2008, c. 20, s. 4. Exempt home renovation work (8) Subsections (1) to (4) do not apply in respect of, (a)  independent operators and sole proprietors who perform no construction work other than exempt home renovation work; and (b)  partners in partnerships and executive officers of corporations who perform no construction work other than exempt home renovation work.  2008, c. 20, s. 4. Material change in circumstances (9) A person in respect of whom the exemption set out in subsection (8) applies shall notify the Board of any material change in circumstances in connection with the exemption, within 10 days after the material change occurs.  2008, c. 20, s. 4. Definitions (10) In this section, “exempt home renovation work” means construction work that is performed, (a)  by an independent operator, a sole proprietor, a partner in a partnership or an executive officer of a corporation, and (b)  on an existing private residence that is occupied or to be occupied by the person who directly retains the independent operator, sole proprietor, partnership or corporation, or by a member of the person’s family; (“travaux de rénovation domiciliaire exemptés”) “member of the person’s family” means, (a)  the person’s spouse, (b)  the person’s child or grandchild, (c)  the person’s parent, grandparent, father-in-law or mother-in-law, (d)  the person’s sibling, or (e)  anyone whose relationship to the person is a “step” relationship corresponding to one mentioned in clause (b), (c) or (d); (“membre de sa famille”) “private residence” includes, (a)  a private residence that is used seasonally or for recreational purposes, and (b)  structures that are, (i)  normally incidental or subordinate to the private residence, (ii)  situated on the same site, and (iii)  used exclusively for non-commercial purposes. (“résidence privée”)  2008, c. 20, s. 4; 2021, c. 4, Sched. 11, s. 42 (2). Section Amendments with date in force (d/m/y) 2008, c. 20, s. 4 - 01/01/2013 2021, c. 4, Sched. 11, s. 42 (2) - 19/04/2021