How do I know if I was misclassified as a contractor in Canada?
Courts and the CRA look at the substance of the relationship, not the label. Key tests: control (who directs the work), ownership of tools, chance of profit/risk of loss, and integration into the business. If the payer controls how, when, and where you work and you are economically dependent on them, you are likely an employee regardless of a 'contractor' agreement.
What can I recover if I was misclassified?
Misclassified employees can recover unpaid overtime, vacation pay (4% or 6%), public holiday pay, and termination/severance pay, plus protection under the Employment Standards Act. The employer may also owe unremitted CPP and EI contributions, and you may recover the employer's share the CRA reassesses.
Is there a category between employee and contractor?
Yes. Canadian law recognizes the 'dependent contractor' — someone who is technically self-employed but economically dependent on a single client for an extended period. Dependent contractors are entitled to reasonable notice of termination, similar to employees, even though they are not full employees.
How far back can I claim misclassification back pay?
Employment standards claims generally have limits (in Ontario, recovery of most wages is limited to amounts owing in roughly the two years before a claim). A civil action for dependent-contractor notice or unpaid amounts is subject to the general limitation period (usually 2 years from discovery). CRA reassessments can look back further.