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2025-07-18 06:05:13 -04:00
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@@ -399,6 +399,54 @@ accomplishment of a clearly defined task but does not normally require that the
party do anything him/herself. A person who carries out a contract for service may be
considered a contract worker, a self-employed person or an independent contractor.
A business relationship is a verbal or written agreement in which a self-employed individual
agrees to perform specific work for a payer in return for payment. There is no employer or
employee. The self-employed individual generally does not have to carry out all or even part
of the work himself. In this type of business relationship, a contract for services exists.
The self-employed individual is required to produce a given result within a period of time in
the manner he deems most appropriate. While performing the work, he is not under the
orders or control of the person for whom he is doing the work and he can use his own
initiative in matters that are not specified or determined at the outset. The payer is not
normally involved in the performance of the work and, therefore, has no control over it.
Under a contract for service, a self-employed individual assumes the chance of profit and risk
of loss. By agreeing, before he is engaged, to establish the overall cost of the work to be
done, owning his tools and instruments and being solely responsible for the manner in which
the work is done, the self-employed individual assumes all risk of loss resulting from events
that occur during the course of the work which were not, or could not, be foreseen when the
contract was negotiated. If, on the other hand, the work is completed sooner or more easily
than expected, the contractor's profit will be greater.
A contract for service is often used when an organization wishes to have work done which
does not fall within its usual scope of operations. The relationship between a payer and a
self-employed individual and that between an employer and their employees are sometimes
quite similar. The main difference between the two relationships is that, in a contract for
service, the party paying for the service is entitled to dictate what is to be done or what result
is to be achieved; whereas, in a contract of service, the employer is also entitled to stipulate
the manner in which the work is to be done.
Under a contract for service, the person for whom the work is being done exercises general
supervision. He can and should see that the work is completed in accordance with the
agreement, but it is not up to him to give orders to the self-employed individual regarding the
manner in which the work is to be done. The mere fact that a self-employed individual
receives general instructions from the project manager concerning the work to be done does
not mean that he can be considered an employee.
An employee-employer relationship is deemed to exist where the organization exercises, or
has the right to exercise, direct control over the individual. If the organization is unsure as to
whether or not a relationship exists, the Canada Revenue Agency (CRA) form Request for a
CPP/EI Ruling Employee or Self-Employed? CPT1 should be submitted to the CRA. A
sample of the CPT1 form is provided at the end of this section.
Independent contractors or self-employed individuals are not considered employees of the
organization provided no employee-employer relationship exists. Persons who are truly selfemployed individuals will submit invoices and be paid through accounts payable. However,
the submission of an invoice to accounts payable is not sufficient to determine if the
individual is self-employed.
Factors Determining the Type of Contract
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Review Summary
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