Partner Spotlight

Employees or contractors? What small businesses need to know about the CRA

For small businesses, worker classification is easier to address when it is built into ordinary business decisions

HIRING A CONTRACTOR can help a small business manage a busy season, complete a project or bring in specialized skills. But the arrangement can become costly if the person is treated as a contractor while working like an employee.

For business owners in London and across Southwestern Ontario, understanding that distinction is part of managing payroll and protecting cash flow. If the CRA has already raised questions, Outsiders Law’s CRA worker-classification services provide a starting point for exploring legal ssistance.

The first step is understanding what determines a worker’s status—and why the contract alone does not settle it.

A Contractor Agreement Does Not Decide Everything

A signed agreement helps document what a business and a worker intended. However, describing someone as an independent contractor does not automatically make them one.

The CRA considers how the relationship operates in practice. Its guidance explains that the actual terms and conditions matter, alongside the parties’ intentions. If those intentions and the working arrangements do not line up, the label in the agreement may not reflect the worker’s status. CRA employee or self-employed guidance

That makes worker classification an operational issue as well as a paperwork issue.

The owner may believe a contractor works independently, while a supervisor has gradually introduced fixed hours, daily instructions and an approval process for time away. Reviewing only the original agreement would miss those changes.

What Does the CRA Look At?

For relationships assessed under the common-law framework used outside Quebec, the CRA considers several factors together:

  • Control: Who directs the work, and who has the right to decide how it is performed?
  • Tools and equipment: Who supplies the resources and pays for their maintenance?
  • Subcontracting: Can the worker hire and pay assistants or send a replacement?
  • Financial risk: Does the worker carry business expenses and face a genuine risk of loss?
  • Investment and management: Does the worker invest in and manage an independent operation?
  • Opportunity for profit: Can business decisions about pricing, costs and delivery affect the worker’s profit?

No single answer provides a universal classification test. A worker supplying equipment, for example, is one consideration within the broader relationship. The CRA explains these factors in its guidance for contracts formed outside Quebec.

Owners should use those questions to identify arrangements that need closer review, rather than treating them as a points-based checklist.

How a Working Relationship Can Change

Consider a hypothetical London marketing agency that hires a freelance designer to complete a website project.

At the outset, the designer submits a quote, manages their schedule and delivers agreed milestones. The agency is buying a defined service.

The project goes well, so the agency keeps sending work. Months later, the designer attends daily staff meetings, follows a schedule set by the agency and needs a manager’s approval before accepting outside assignments.

The original agreement has not changed, but the working arrangement has.

That example does not establish a legal conclusion. It shows why a classification decision made at the beginning of a relationship should be revisited when the role expands.

The same review is worth considering when a temporary assignment becomes ongoing or a contractor begins taking on responsibilities previously handled by an employee.

Why Misclassification Can Affect Cash Flow

Employee status brings payroll responsibilities. Employers generally need to deduct income tax, Canada Pension Plan contributions and Employment Insurance premiums where applicable, and remit the required amounts along with their employer contributions.

If required CPP contributions or EI premiums were not deducted, the CRA can assess the business for both the employer’s and employee’s shares. Penalties and interest can also apply. These obligations are explained in the CRA’s payroll deductions and remittances guide.

For a small company, an unexpected assessment can put pressure on money already committed to wages, suppliers, equipment or expansion.

There is also the time involved in responding. Someone must locate records, explain arrangements and coordinate with advisers. For an owner who also handles sales and operations, that work can interrupt the rest of the business.

Invoices and HST Do Not Settle Employee Status

It is easy to assume that a worker who sends invoices and charges HST must be an independent contractor.

Ontario’s employment standards guidance specifically warns against that assumption. A person may still be an employee even if they invoice the business, charge HST, use their own vehicle or have signed an agreement calling them a contractor.

The province also notes that a determination under another government agency’s legislation does not necessarily settle employee status under Ontario’s Employment Standards Act. Ontario employee-status guidance

For a London business, that means payroll classification and provincial employment obligations deserve attention in their own right.

A complete review should consider the rules relevant to the arrangement, rather than assuming one document or administrative practice answers every question.

Start With the People Managing the Work

A practical review begins with a conversation between the owner, the person responsible for payments and whoever supervises the worker.

Each may understand the arrangement differently.

The owner might remember hiring someone for a specific project. The bookkeeper sees recurring invoices. The supervisor sees a person who has become part of the weekly schedule.

Bring those perspectives together and ask:

  • What work was originally agreed to?
  • What does the person do now?
  • Who decides their schedule and priorities?
  • How are fees and additional work negotiated?
  • Who pays for supplies, travel and corrections?
  • What happens if the person cannot complete an assignment?

Document the answers accurately. Where the facts raise uncertainty, take them to an adviser before deciding whether changes are needed.

Keep Records That Explain the Arrangement

Good records help a business explain how a relationship worked over time.

Keep signed agreements, project descriptions, invoices and payment records together. Retain relevant correspondence about pricing, responsibilities, deadlines and changes to the assignment.

For example, if a project expands, record what additional work was agreed to and how the fee was determined. If responsibilities change, document that change rather than relying on someone’s memory months later.

The goal is an accurate record of the arrangement. Standard clauses are less useful when nobody follows them, and a neatly organized contract folder cannot compensate for missing information about everyday practice.

A simple filing process also makes routine management easier. Owners can see what was purchased, what changed and whether the current arrangement still matches the business’s needs.

What to Do When the CRA Contacts Your Business

A request for information about workers deserves a timely, organized response.

Start by reading the correspondence carefully. Identify the response deadline, the workers or periods involved and the records requested. Assign one person to coordinate the information so documents and explanations remain consistent.

Gather existing records before drafting detailed answers. If a question is unclear, seek clarification instead of guessing what it means.

An accountant can help reconcile payments and payroll records. A lawyer can help assess disputed classification issues and explain how the legal tests apply to the facts.

Avoid assuming that a familiar contractor agreement will resolve every question. The response needs to explain the actual arrangement during the period under review.

A CPP/EI Ruling Can Address Uncertainty

A business does not always have to wait for a dispute to seek clarity.

Where worker status is uncertain, either the payer or the worker can ask the CRA for a CPP/EI ruling. The ruling process addresses employment status and whether the employment is pensionable or insurable. CRA employment-status guidance

Before making a request, gather the relevant facts and consider professional advice about the arrangement and the process.

This is particularly useful to discuss when the business and worker have different understandings of their relationship, or when a role has changed substantially since it began.

Make Classification Part of Your Hiring Process

Worker classification is easier to address when it is built into ordinary business decisions.

Before bringing someone on, define the work, expected duration, responsibilities and proposed working arrangements. Make sure the person managing the assignment understands those terms.

Revisit the arrangement when a project becomes ongoing, responsibilities expand or supervision changes. An annual review can also help identify agreements that no longer reflect current practice.

For a growing small business, the next step can be straightforward: choose one longstanding contractor arrangement, compare the agreement with how the work is actually managed, and identify any questions that need professional review.

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