Being an independent contractor in Canada gives you more control over your work — but it also comes with unique tax rules, legal risks, and limits on your rights. Whether you’re a freelancer, consultant, gig worker, or self-employed professional, it’s important to understand how contractor status works and what your legal entitlements are.

This guide explains, in simple terms:

  • What an independent contractor is in Canada
  • How contractor taxes work
  • What you can write off as an independent contractor in Canada
  • Your rights if you’re misclassified as a contractor

What Is an Independent Contractor in Canada?

An independent contractor is a self-employed individual who provides services to a business but isn’t an employee. Instead, contractors operate their own business and have more control over how they do the work.

Common examples include:

Key features of a true contractor relationship

A person is generally an independent contractor if they:

  • Control how, when, and where they perform the work
  • Can hire subcontractors or assistants
  • Provide their own tools or equipment
  • Take on financial risk
  • Invoice for services
  • Work with multiple clients
  • Don’t have supervision like an employee

If a company controls your schedule, closely manages your work, or disciplines you, you may actually be an employee — even if your contract says otherwise.

💡 Misclassification is extremely common in Canada. If a company treats you like an employee but calls you a contractor, they may owe you full employment rights, including severance pay.


How to File Taxes as an Independent Contractor in Canada

Contractors are responsible for handling their own taxes. Here’s what that means in practical terms:

1. Report your income as self-employment income

You’ll file your taxes using:

  • T2125 (Statement of Business or Professional Activities)
  • Your standard T1 return

2. Pay CPP contributions

Because you’re self-employed, you pay both the employer and employee portions of CPP.

3. Track your expenses

You can deduct many business-related costs (more below).

4. Charge and remit GST/HST

You must register for GST/HST if you earn more than $30,000 in a 12-month period.

5. Keep good records

Store invoices, receipts, mileage logs, contracts, and bank statements in case of audit.

💡 If you were misclassified as a contractor, the CRA may determine that the company — not you — owes the unpaid CPP, EI, and tax amounts.


What Can You Write Off as an Independent Contractor in Canada?

One of the biggest advantages of contractor status is the ability to deduct business expenses.

Here are the most common write-offs in Canada:

Home office expenses

  • Rent or mortgage interest (proportionate)
  • Utilities
  • Internet
  • Property taxes
  • Home insurance

Vehicle expenses

  • Fuel
  • Maintenance and repairs
  • Insurance
  • Lease payments
  • Parking

Work-related costs

  • Tools and equipment
  • Software subscriptions
  • Phone and data plans
  • Professional fees
  • Office supplies
  • Marketing or advertising
  • Travel and meals with clients

Training & development

  • Courses
  • Certifications
  • Workshops

You can only write off expenses that are reasonable and directly connected to running your business.


Benefits and Risks of Being an Independent Contractor in Canada

Benefits

  • Flexibility and control
  • Ability to choose clients
  • More tax deductions
  • Higher earning potential in some industries

Risks

  • No EI, vacation pay, or benefits
  • No automatic severance if work ends
  • You pay more CPP
  • Greater financial risk
  • Must manage taxes and expenses

Are You Actually an Employee? (Misclassification in Canada)

Many Canadian receive the label “independent contractors” when they’re actually employees. When that happens, you should get full employment protections, including:

Signs you’re misclassified

You may be an employee if:

  • The company sets your hours
  • You can’t refuse work
  • You report to a supervisor
  • You work full-time for one business
  • You use company equipment
  • You can receive discipline
⚠️ Misclassification is one of the most common employment law issues in Canada, and our firm regularly represents individuals in these cases.

Independent Contractor vs. Employee in Canada

Main differences at a glance:

Topic Independent Contractor Employee
Control High control over work Employer controls work
Tax Handles own taxes & CPP Employer deducts tax, CPP, EI
Benefits No benefits Eligible
Severance None (unless misclassified) Yes
Tools Provides own tools Employer provides
Risk Contractor bears risk Employer bears risk
⚠️ If a company controls your work the way an employer would, you may be legally be an employee — which means you can pursue severance.

Independent Contractor Rules by Province

Independent contractor laws are similar across Canada, but there are important differences in each province — especially when it comes to employment standards, termination rights, and tests we use to determine whether someone is truly self-employed.

If you need province-specific guidance, see our detailed regional guides:


When to Talk to an Employment Lawyer

If you believe you’re misclassified, your rights are being denied, or told you “can’t get severance because you’re a contractor,” contact us before signing anything.

Your employer may owe you:

  • Significant severance pay
  • Proper employment classification
  • Compensation for lost wages or benefits
The team at Samfiru Tumarkin LLP assists thousands of non-unionized misclassified employees with severance package negotiations, and have a high level of respect from employers across the country.

For most severance negotiations, we operate on a contingency fee basis, meaning you don’t pay unless we win.

📞 Call us at 1-855-821-5900email help@employmentlawyer.ca, or use our online form for a consultation.

⚠️ UNIONIZED? Contact your union immediately. By law, employment lawyers can’t represent unionized employees.

Misclassified as an Independent Contractor in Canada?

Our employment lawyers can review your contract, assess your rights, and explain whether you’re owed full severance pay.

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