Every contractor in Toronto should understand that a written agreement alone does not determine legal status. Ontario courts examine the day-to-day relationship, including who controls the work, owns the tools, carries financial risk, and can profit. Misclassification can deny ESA rights such as vacation pay and severance while exposing employers to unpaid wages, CRA remittances, EI, CPP, and other liabilities.
The stakes are rising: the Ontario construction industry employed 578,900 people in 2024, according to Job Bank, while Affinity Law reports that independent contractors earn median annual pay of $65,900 in Toronto. These seven compliance risks cover worker classification, tax obligations, ESA changes, and disclosure rules Toronto contractors and employers must address in 2026.
Why Toronto startups need a contractor compliance briefing in 2026
A Toronto startup cannot determine whether someone is a contractor from the agreement label alone: Ontario courts examine the real working relationship, while new workplace rules raise the cost of getting classification wrong.
Ontario has no single statutory definition of an “independent contractor.” Instead, decision-makers look at practical indicators such as who controls the work, who owns the tools, who carries financial risk, and whether the worker can increase their profit. A contract calling someone a “Toronto contractor” may help explain the parties’ intentions, but it does not override the day-to-day facts. The Ontario government’s employee-status guidance makes that distinction central to ESA analysis.
That matters because misclassification can strip a worker of Employment Standards Act (ESA) protections, including vacation pay and severance where applicable. It can also expose the business to claims for unpaid wages and assessments involving Canada Revenue Agency (CRA) remittances, Employment Insurance (EI), Canada Pension Plan (CPP), and potentially Employer Health Tax (EHT). The Ministry of Labour, Immigration, Training and Skills Development and the Ontario Labour Relations Board (OLRB) may become involved depending on the dispute.
The scale makes a rushed classification process risky. Affinity Law reports that about 2.7 million Canadians were self-employed in 2023, representing 13.2% of employed people, and estimates that independent contractors account for roughly 15% of Canada’s workforce. It also reports median annual pay of $65,900 for independent contractors operating in Toronto—a useful market figure, but not a legal test.
This briefing also separates two regimes startups often confuse. Ontario currently applies its provincial common-law and ESA framework. Separately, Bill C-69 created a federal presumption of employee status for contractors and gig workers in federally regulated industries, shifting the proof burden toward the employer. The first compliance question, therefore, is not “What did we call this person?” but “Which law applies, and what does the working relationship show?”
What does the $65,900 Toronto contractor earnings figure actually measure?
The $65,900 figure is the median annual pay Affinity Law reports for independent contractors operating in Toronto—not a standard Toronto contractor rate, employee salary, or guaranteed amount. “Median” means half of the reported contractors earned more and half earned less; it does not describe what every contractor can expect.
Affinity Law’s analysis also reports that approximately 2.7 million Canadians were self-employed in 2023, representing 13.2% of the employed population, and estimates that independent contractors make up about 15% of the Canadian workforce. Those figures help show the scale of the contractor market, but they do not turn the Toronto median into a payroll benchmark.
The cited Affinity Law source page does not state a publication date or provide a detailed methodology for how the $65,900 Toronto figure was calculated. That limitation matters. Without knowing the underlying sample, reporting period, definition of “independent contractor,” or whether the figure includes different industries and contract structures, the number should be treated as a market indicator—not a compensation rule.
Contractor income is also not equivalent to employee wages or take-home pay. A contractor may need to cover:
- business expenses, equipment, software, insurance, and professional fees;
- income-tax obligations and possible Canada Revenue Agency remittances;
- unpaid gaps between projects, late payments, and time spent finding work; and
- benefit costs such as health coverage, paid vacation, and retirement contributions.
For a Toronto startup, the practical question is therefore not whether a proposed fee is close to $65,900 annually. It is whether the day-to-day relationship reflects a genuine business arrangement. A contractor paid through invoices can still be an employee in substance, with potential exposure involving Employment Standards Act entitlements, CPP, EI, and other employer obligations.
Contractor or employee: how Ontario courts decide
Ontario courts decide contractor status by examining the whole working relationship, not by accepting the label written at the top of a contract. Ontario does not use one strict statutory definition of an “independent contractor”; instead, decision-makers assess the relationship’s common-law features and the parties’ day-to-day conduct. The Ontario government’s employee-status guidance reflects this practical distinction.
Which facts should a Toronto startup review before calling someone a contractor?
Start with what actually happens after the agreement is signed. A worker may look like a contractor on paper but function like an employee if the startup controls the schedule, directs the method of work, requires personal service, and closely supervises each task. A genuine contractor generally has more independence over how the work is completed and may serve multiple clients.
Review these facts together rather than treating any one answer as decisive:
- Control: Who sets hours, priorities, deadlines, location, and work methods?
- Tools and equipment: Does the worker supply a laptop, software, vehicle, materials, or other costly equipment, or does the startup provide everything?
- Financial risk: Can the worker lose money through rework, delays, unbilled time, equipment costs, or hiring assistance?
- Opportunity for profit: Can the worker increase profit by managing costs, improving efficiency, setting prices, or taking on additional clients?
- Integration: Is the person embedded in the startup’s team, systems, meetings, branding, and reporting structure?
The written contract still matters. A clear agreement can show the parties’ intended arrangement, but calling someone an “independent contractor” does not establish that status. Courts and employment decision-makers can look past the wording when the practical reality resembles employment. Before onboarding, compare the proposed terms with how the role will operate on an ordinary Tuesday, not just how the agreement describes it.
Why employee-only obligations still matter after misclassification
An incorrectly classified worker may be treated as an employee under Ontario’s Employment Standards Act (ESA), even if the contract calls them an “independent contractor.” That can create retroactive exposure for vacation pay, unpaid wages, termination-related entitlements and, where the statutory conditions apply, severance pay.
The label is only one piece of evidence. If the day-to-day relationship looked like employment, the worker may seek the rights that should have applied from the start. For example, a Toronto startup that set the worker’s hours, supplied the tools, directed the work and paid a regular amount may face a claim for accumulated vacation pay and unpaid overtime, followed by termination pay or severance when the relationship ends.
What financial exposure can follow?
A status finding can extend beyond the worker’s immediate claim. The employer may need to review unremitted deductions and contributions with the Canada Revenue Agency (CRA), including income-tax remittances, Employment Insurance (EI) premiums and Canada Pension Plan (CPP) contributions. Employer Health Tax (EHT) exposure may also need review if the worker’s pay should have been included in the employer’s Ontario payroll.
Do not assume the risk is limited to the most recent invoice. Preserve contracts, invoices, payment records, schedules, instructions, expense records and messages so the business can assess when the relationship began and how it operated over time. The possible exposure is especially material in a market where independent contractors in Toronto have a reported median annual pay of $65,900, according to Affinity Law.
Which Ontario institution handles the issue?
The Ministry of Labour, Immigration, Training and Skills Development may investigate and enforce ESA obligations. A dispute may also involve the Ontario Labour Relations Board, depending on the proceeding, review or appeal. Not every classification dispute follows the same forum or procedure, so a business should first identify the worker’s legal status, the remedies being claimed and the records supporting its position. Ontario’s official employee-status guidance is a useful starting point, not a substitute for reviewing the actual working relationship.
What changed for Ontario contractors and employers in 2025?
Ontario changed two employment-compliance rules in 2025: eligible employees can now take up to 27 weeks of unpaid long-term illness leave, and employers with 25 or more employees must provide new hires with specified written information before their first day.
Up to 27 weeks of long-term illness leave
The June 2025 Employment Standards Act (ESA) change protects eligible employees; it does not create a general leave entitlement for genuine independent contractors. The protection still matters when a business has used the wrong label. If a Toronto startup called someone a contractor but the working relationship was really employment, that person may later assert employee rights for the relevant period, including the applicable long-term illness leave protection.
That can create a retroactive compliance problem. The Ministry of Labour, Immigration, Training and Skills Development, or the Ontario Labour Relations Board (OLRB), may focus on how the relationship operated day to day rather than what the contract called it. Review who directed the work, who supplied tools, whether the person could take financial risk, and whether they had a genuine opportunity for profit. The Ontario guide to employee status explains the distinction.
Written information required before the first day
Starting in July 2025, an employer with 25 or more employees must give each new employee specified written information before the employee’s first day. That information includes the employee’s starting wage and descriptions of the workplace. The rule applies to new employees, not automatically to every independent contractor agreement.
Before onboarding, count employees accurately, prepare the required written notice, and retain proof of delivery. Also review contractor arrangements that look like regular jobs. Calling a worker a contractor to avoid ESA obligations, payroll deductions, Canada Revenue Agency (CRA) remittances, or Employer Health Tax (EHT) exposure does not resolve the underlying status question.
What new Ontario contractor and hiring rules begin on January 1, 2026?
Starting January 1, 2026, Ontario employers with 25 or more employees must include an expected compensation range in publicly advertised job postings and disclose when artificial intelligence (AI) is used in the hiring process.
These Working for Workers Act regulations are hiring and transparency obligations—not an automatic rule that turns every contractor into an employee. They require employers to be clearer with applicants about pay expectations and technology-assisted hiring. They do not replace the legal analysis used to determine whether a worker is genuinely independent.
What should Toronto employers change before January 1?
- Review every public job advertisement and add a genuine expected compensation range rather than a vague phrase such as “competitive pay.”
- Document where AI is used in recruitment, screening, ranking, testing, or other hiring decisions, then update the relevant applicant-facing disclosure.
- Separate employee recruitment templates from contractor-request templates, including the proposed relationship, scope of work, payment structure, and decision-maker.
- Recheck contractor arrangements that began as job postings but now involve ongoing supervision, fixed hours, company tools, or little opportunity for profit.
A posting that calls someone a “contractor” does not settle the issue. Under Ontario law, courts look at the day-to-day reality, including control over the work, ownership of tools, financial risk, and the worker’s opportunity for profit. The Ontario government’s employee-status guidance reflects this distinction.
For example, an advertisement seeking a business to complete a defined software project for a quoted fee may support a genuine contractor arrangement. An advertisement seeking a person to work set shifts, follow internal instructions, use company equipment, and perform an indefinite role may function more like employee recruitment—even if the headline says “independent contractor.” Keep the posting, screening records, contract, invoices, and working-practice evidence together. Transparency at hiring cannot cure misclassification that develops afterward.
Current Ontario law versus the federal employee-status presumption
Ontario law does not automatically treat a worker as an employee or contractor based on the contract label; courts examine the real working relationship. Ontario has no strict statutory definition of “independent contractor.” Instead, courts use a common-law, fact-based analysis that can include who controls the work, who owns the tools, who carries financial risk, and whether the worker can profit from sound management. The Ontario government’s employee-status guidance reflects this distinction.
A written agreement calling someone an “independent contractor” is therefore only one piece of evidence. For example, a Toronto startup may describe a developer as self-employed, but the relationship may look like employment if the startup sets fixed hours, directs the daily work, supplies the equipment, restricts outside clients, and pays a regular amount regardless of business results. The Ministry of Labour, Immigration, Training and Skills Development, the CRA, and—where applicable—the Ontario Labour Relations Board (OLRB) can focus on those practical facts.
Comparison: Ontario’s current approach versus the federal development
- Ontario today: the party challenging the classification must establish the worker’s true status through the facts and circumstances. The label does not control, and the analysis is not reduced to one decisive test.
- Federal development: Bill C-69, enacted in mid-2024, created a presumption of employee status for workers in federally regulated industries. The employer carries the burden of showing that the relationship is genuinely independent contracting.
How could Bill C-69 influence future Ontario contractor decisions?
Bill C-69 is not automatically Ontario law and does not directly govern every Toronto startup. Most Ontario businesses remain subject to Ontario’s existing common-law analysis unless a separate federal or provincial rule applies.
Its practical significance is future risk and persuasive policy direction. A startup should not assume that a federal-style presumption applies, but it should audit relationships as if the label will be tested: document project control, invoicing, tools, independence, business risk, and the worker’s ability to serve other clients. Those records may matter if a contractor later claims ESA entitlements, unpaid wages, CRA remittances, EI, CPP, or related liabilities.
Four Toronto startup contractor examples
These four illustrative examples show why Ontario contractor status depends on the working relationship—not the label in the agreement. Courts examine control, tools, financial risk, and opportunity for profit, as outlined in the Ontario government’s employee-status guidance.
1. The “independent” developer
A Toronto startup calls a developer a contractor, but requires fixed hours, assigns daily work through a product manager, provides the laptop and software accounts, and pays the same amount every two weeks. Those facts point toward an employment relationship: the company controls when and how the work is done, supplies the tools, and offers little genuine opportunity for the developer to increase profit or bear business risk.
2. The sales representative
A sales representative may look independent because compensation is commission-based. The audit should still ask whether the representative is exclusive, follows company scripts, reports to a manager, works a controlled territory, uses company leads and systems, or can set pricing and pursue other customers. Commission alone does not settle the question; supervision and practical control may outweigh the payment structure.
3. The designer
A designer hired to deliver a defined brand package, set their own price, use their own equipment, manage their own schedule, and serve several clients has stronger contractor indicators. The analysis changes if the designer works indefinitely inside the startup’s team, attends regular staff meetings, follows ongoing direction, and performs work that is integrated into daily operations. The contract should match the actual project scope and delivery process.
4. The delivery or platform worker
For a delivery worker, review who sets schedules, assigns jobs, monitors performance, controls access to the platform, and determines how routes or customer ratings affect future work. Also examine whether the worker supplies tools, pays operating costs, can reject jobs, and faces real financial risk. If the business operates in a federally regulated sector, the federal presumption of employee status introduced through Bill C-69 may shift the burden to the employer to prove genuine independence.
Each example requires a fact-specific review. A misclassification can create exposure for unpaid wages, CRA remittances, EI, CPP, and potentially Employer Health Tax obligations.
A Toronto startup contractor-audit process
A Toronto startup should audit every contractor by comparing the written agreement with the relationship that actually exists day to day—not by relying on the label in the contract. Ontario has no strict statutory definition of an independent contractor; courts examine factors such as control, tools, financial risk and the opportunity for profit. The Ontario government’s employee-status guidance is a useful starting point.
What records should a contractor audit preserve?
- Inventory every contractor. Record the person or company, role, start date, location, reporting contact, rate and department. People leads should flag contractors doing work similar to employees.
- Review the written agreement. Check the scope, deliverables, invoicing terms, termination language, substitution rights, insurance and intellectual-property provisions. Treat the agreement as evidence—not the final answer.
- Document actual control. Preserve onboarding records, policies, emails, chat messages, meeting invitations and instructions showing who sets hours, methods, priorities and deadlines. A contractor managed like an employee creates classification risk.
- Assess independence. Note whether the contractor works exclusively for the startup, can accept other clients, advertises services independently and can increase profit or absorb losses. Finance should examine payment records, invoices, expenses, bonuses and whether payment is tied to deliverables or time.
- Identify supplied resources. Record who provides laptops, tools, software accounts, workspace, training and credentials. Also assess integration: company email, org-chart status, team supervision and participation in employee-only meetings.
- Compare roles and exposure. Compare the contractor’s duties, schedules and supervision with equivalent employee roles. Estimate possible retroactive exposure for wages, vacation pay, severance, payroll deductions, Canada Pension Plan, Employment Insurance and Employer Health Tax obligations.
- Escalate uncertainty. Preserve the complete file, including timesheets, invoices, policies, onboarding records and correspondence. If the facts point both ways, obtain Ontario employment counsel before renewing, terminating or restructuring the relationship. A disputed classification may reach the Ontario Labour Relations Board.
When a contractor dispute becomes a contract or liability claim
A contractor dispute becomes a contract or liability claim when the disagreement concerns more than status, such as missed deliverables, careless professional work, incomplete services, or a measurable loss. A signed agreement calling someone an “independent contractor” does not settle the classification question, but it may still provide important evidence about the parties’ promises, deadlines, payment terms, and responsibilities.
For example, a Toronto startup may face two separate issues if a developer delivers unusable code. The Ministry of Labour, Immigration, Training and Skills Development or the Ontario Labour Relations Board (OLRB) may examine whether the person was really an employee. Separately, the business may need to assess whether the contractor failed to meet the agreed specification, exercised inadequate professional care, or caused a recoverable financial loss.
What should the business review first?
- Scope and acceptance: identify exactly what the contractor promised to deliver, including milestones, testing requirements, and approval processes.
- Evidence of performance: preserve invoices, project messages, drafts, change requests, inspection notes, and records showing when defects or delays were reported.
- Loss and response: document replacement costs, missed deadlines, remedial work, and the steps taken to limit further damage.
- Dispute route: check the agreement for notice, negotiation, mediation, arbitration, venue, and limitation provisions before escalating.
Depending on the facts, the issue may involve Breach of Contract, Negligence Claims, Faulty or Incomplete Work, or Poor Workmanship. Those labels describe possible legal issues, not an automatic route to Small Claims Court. The correct forum and remedy depend on the contract, evidence, amount at stake, limitation periods, and whether employment-related remedies are also engaged.
Review the agreement and the working relationship together. A business that focuses only on the contractor label can miss the separate liability created by defective work or an avoidable contractual breach.
Construction contractors in Ontario: a separate compliance question
Construction contractors in Ontario require two separate reviews: whether the person is legally an employee or independent contractor, and whether the project complies with Ontario construction law, including payment, liens, and contractual project obligations.
The worker-classification question focuses on the relationship in practice. A Toronto startup should review who controls the work, who supplies tools and equipment, who carries financial risk, and whether the worker can increase profit through sound business decisions. Calling someone a “contractor” in the agreement does not settle the issue if the day-to-day arrangement looks like employment. The Ontario government’s employee-status guidance explains this distinction under the Employment Standards Act (ESA).
The construction-law question is different. It may involve whether a contractor, subcontractor, supplier, or owner has been paid; whether lien rights may arise; how holdbacks and project accounts are handled; and whether the written scope, schedule, change orders, insurance, and warranties protect the parties. Those issues can exist even when the worker is unquestionably an independent business.
What should a construction business review?
- Keep the services agreement, statements of work, invoices, change orders, proof of payment, and communications about delays or defects.
- Separate payroll and ESA analysis from project-payment and lien analysis rather than treating both as a “contractor” issue.
- Confirm which party is responsible for permits, site safety, materials, insurance, warranties, and subcontractor performance.
- Obtain separate legal advice before withholding payment, terminating a construction contract, or responding to a lien claim.
Ontario’s construction industry employed 578,900 people in 2024, or roughly 7.1% of the provincial workforce, according to Job Bank Canada. That scale makes the search term Construction Act Ontario more than a classification question: a dispute may reach the Ontario Labour Relations Board on one track and require construction-law review on another.
FAQ: Ontario contractor status and 2025–2026 rules
How do courts determine if I am an employee or an independent contractor in Ontario?
Ontario has no single statutory definition of “independent contractor.” Courts examine the relationship’s day-to-day reality, including who controls the work, who owns the tools, who carries financial risk, and whether the worker can profit from sound management. A contract label is only one fact; it cannot override how the arrangement operates in practice. The Ontario government’s employee-status guide explains the distinction.
Am I entitled to severance pay if I was hired as an independent contractor?
Possibly. If the facts show you were an employee, the written contractor label does not automatically remove ESA entitlements, including termination or severance rights where the eligibility requirements are met. The answer depends on the relationship, length of employment, payroll and workplace facts, and the applicable statutory or contractual claims. A review by the Ministry of Labour or the Ontario Labour Relations Board (OLRB) may address the dispute, but neither outcome should be assumed in advance.
What are the financial penalties for an employer who misclassifies an employee as a contractor?
There is no single flat penalty that applies to every Ontario misclassification. The employer may face claims for unpaid wages, vacation pay, termination or severance pay, plus reassessments for Canada Pension Plan and Employment Insurance amounts. The Canada Revenue Agency (CRA) may also review payroll deductions, and related Employer Health Tax exposure can arise depending on the facts. The final cost turns on the worker’s status, compensation, duration, records and enforcement route.
Do independent contractors get protections under the ESA?
Generally, no—the ESA protects employees, not genuine independent contractors. One important Ontario exception took effect in 2023: eligible Business and IT consultants can be excluded from employee protections if they meet strict conditions, including earning at least $60 per hour and operating through a corporate entity. Eligibility must be tested against every requirement, not inferred from an invoice or incorporation document.
What are the new 2025 and 2026 ESA requirements for employers in Ontario?
Eligible employees can receive up to 27 weeks of unpaid long-term illness leave under the June 2025 ESA changes. From July 2025, employers with 25 or more employees must give new hires specified written information, including starting wage and workplace details, before the first day. From January 1, 2026, the same threshold applies to public job postings requiring expected compensation ranges and disclosure of AI use in hiring. Whether a rule applies depends on employee count, posting type and eligibility.
Audit the relationship before the label creates liability
Toronto startups should audit how each contractor actually works, not rely on the title in the agreement. Ontario courts examine control, ownership of tools, financial risk, and the opportunity for profit; calling someone an “independent contractor” does not settle the question. The Ontario government’s employee-status guidance reflects this substance-over-label approach.
Use the working reality as your checklist
- Map control. Record who sets hours, assigns tasks, approves time off, directs the method of work, and manages performance.
- Review independence. Check whether the contractor serves other clients, sets prices, can accept or reject work, hires help, and bears a genuine risk of losing money.
- Preserve the evidence. Keep the agreement, invoices, payment records, tax forms, emails, project instructions, schedules, policies, leave requests, and termination communications together.
- Model the exposure. If the relationship looks like employment, assess potential vacation pay, wages, severance, source deductions, Employment Insurance, Canada Pension Plan, and Employer Health Tax consequences.
Do not treat 2025 and 2026 changes as paperwork for employees only. Since June 2025, eligible employees may receive up to 27 weeks of unpaid long-term illness leave. From July 2025, employers with 25 or more employees must provide specified written information, including starting wage and workplace descriptions, before a new employee’s first day. From January 1, 2026, the same 25-employee threshold brings compensation ranges in public job postings and disclosure of artificial intelligence use in hiring.
Finally, Bill C-69 is not a current Ontario-wide presumption. Its employee-status presumption applies in federally regulated industries; it should not be presented as Ontario law. If an audit produces uncertainty—or a termination, leave, wage, or classification dispute—obtain Ontario employment counsel before changing the relationship or responding. Counsel can also help assess whether an issue may proceed before the Ontario Labour Relations Board or involve CRA reporting and remittances.
Frequently Asked Questions
How do courts determine if I am an employee or an independent contractor in Ontario?
Ontario courts look beyond the wording of your contract and examine the day-to-day reality of the relationship. Key factors include who controls the work, who owns the tools, who carries financial risk, and whether the worker has a genuine opportunity to make a profit. Ontario does not use one strict statutory definition of an independent contractor, so the facts of each arrangement matter.
Am I entitled to severance pay if I was hired as an independent contractor?
You may be entitled to severance pay if the working relationship legally makes you an employee, even if your written agreement calls you an independent contractor. Courts and the Ontario Labour Relations Board can assess the actual work arrangement rather than accepting the label in the contract. If you were economically dependent on one business and worked under its direction, speak with a qualified employment lawyer about your rights under the Employment Standards Act.
What are the financial penalties for an employer who misclassifies an employee as a contractor?
An employer may face claims for unpaid wages, vacation pay, severance, and other Employment Standards Act entitlements. The Canada Revenue Agency may also pursue unpaid tax remittances, Employment Insurance premiums, and Canada Pension Plan contributions. Depending on the circumstances, the employer may also need to reassess payroll obligations such as Employer Health Tax and respond to Ministry of Labour, Immigration, Training and Skills Development investigations.
Do independent contractors get protections under the Employment Standards Act?
Genuine independent contractors generally do not receive the same protections as employees under the Employment Standards Act, including statutory vacation pay and severance rights. However, calling someone a contractor does not decide their legal status. The ESA may apply if the worker is actually an employee, while separate rules can apply to specific categories such as eligible Business and IT consultants who meet the statutory requirements.
What are the new 2025 and 2026 ESA requirements for employers in Ontario?
Ontario employers with 25 or more employees must provide new employees with specified written information before their first day, including details such as starting wages and workplace descriptions. From January 1, 2026, publicly advertised job postings must include expected compensation ranges and disclose the use of artificial intelligence in the hiring process. Ontario also expanded eligible employees’ unpaid long-term illness leave to up to 27 weeks in 2025, increasing the importance of correctly identifying workers and maintaining compliant employment records.
Contractor classification, ESA obligations, CRA remittances, and new Working for Workers Act requirements can overlap quickly. If you need a clear review of your arrangement or workplace practices in Toronto or elsewhere in Ontario, get in touch before a classification issue becomes a costly dispute.
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