Dependent Contractor in Ontario: Definition, Rights, and Legal Test - Samfiru Tumarkin LLP
Understanding your work status in Ontario is crucial — it determines your rights, benefits, and severance pay. Many workers believe they are independent contractors, but under Ontario law, some are actually dependent contractors — a category that sits between employees and independent contractors.
What Is a Dependent Contractor?
A dependent contractor is someone who technically works as a contractor but relies heavily on one company for most (or all) of their income. While not considered a full employee, they are economically dependent on the business they serve.
In Ontario, dependent contractors are legally recognized under the common law (court decisions) and are entitled to certain employee-like protections — especially reasonable notice or severance pay when their contract ends.
Dependent Contractor Definition in Ontario
In simple terms, a dependent contractor:
- Works independently but is tied closely to one company
- Depends on that company for the majority of their income
- May wear company branding or represent the company publicly
- Often works long-term for the same business without the flexibility of a true contractor
Dependent Contractor vs. Independent Contractor
| Factor | Dependent Contractor | Independent Contractor |
|---|---|---|
| Income Source | Relies on one main client | Has multiple clients |
| Control & Supervision | Company directs much of the work | Sets their own schedule and methods |
| Integration | Acts as part of the company’s business | Operates a distinct, separate business |
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