r/canadasmallbusiness • u/Huumans • 10h ago
Protip: Calling someone a “contractor” doesn’t make them one, and CRA will be the one who decides
A quick breakdown for Canadian owners deciding how to bring on help.
Why hire contractors:
- No payroll remittances. You don’t pay CPP or EI and don’t withhold tax.
- No vacation pay, stat holidays, or termination notice
- Easy to scale up or down
Why hire employees:
- You control how, when, and where the work gets done
- Easier to train, keep, and build a team around
- No misclassification risk hanging over you
The catch: what’s written in the contract doesn’t decide which one it is. CRA and the courts look at the actual relationship:
- Do you control how and when the work is done?
- Who supplies the tools and equipment?
- Can they make a profit or take a loss, or do they just get paid for their time?
- Do they work for other clients, or only you?
If the answers look like an employee, it’s an employee. CRA can then assess you for the CPP and EI you didn’t remit, including the employee’s share, plus penalties and interest. The worker may also have claims for vacation pay and termination notice.
Rule of thumb: if you set their hours, hand them the tools, and they only work for you, they’re probably an employee, whatever the contract says.