How to hire employees in Canada (2026)
Author
James Kelly
Last Updated
9 April 2026
Read Time
12 min
If your company is based outside Canada and you want to hire someone who lives and works there, you cannot simply add them to your existing payroll. Canadian employment law requires that anyone employed in Canada is employed through a legal entity registered in the country, with all the payroll, tax, and compliance obligations that come with it.
That leaves you with three options: set up your own Canadian entity, engage the person as an independent contractor, or use an Employer of Record. Each has trade-offs, and the right choice depends on your timeline, headcount, and how much compliance risk you are willing to manage yourself. This guide walks through all three, along with the employment law, payroll, and tax considerations that apply regardless of which route you take.
Your three options for hiring in Canada
Set up a Canadian entity
Incorporating in Canada gives you full control over your employment relationships. You can hire employees directly, register with the Canada Revenue Agency (CRA) as an employer, and run payroll through your own infrastructure.
The process involves registering a federal or provincial corporation, obtaining a Business Number from the CRA, registering for payroll, GST/HST, and workers’ compensation in the relevant province, opening a Canadian bank account, and setting up compliant employment contracts.
This typically takes 4 to 12 weeks depending on the province, and the costs for incorporation, legal advice, and initial setup can range from CAD $5,000 to $30,000 or more. Ongoing costs include accounting, legal compliance, annual filings, and the time your team spends managing it all.
Entity setup makes sense when you are building a large, permanent team in Canada. For one or two hires, or when you need someone employed quickly, the overhead is difficult to justify.
Engage an independent contractor
Hiring a Canadian independent contractor avoids the need for a local entity entirely. You agree on a scope of work, the contractor invoices you, and you pay them directly. No payroll deductions, no CPP or EI contributions, no employment contract.
The risk is misclassification. The CRA applies a set of tests to determine whether a working relationship is genuinely independent or whether it is, in substance, an employment relationship. The key factors include the level of control you exercise over how and when the work is done, whether the worker provides their own tools and equipment, the degree of financial risk the worker assumes, and whether they can profit from the work or hire subcontractors.
If the CRA determines that someone you have classified as a contractor is actually an employee, you become liable for unpaid CPP and EI contributions, back taxes, penalties, and interest. The worker may also be entitled to employment protections they were denied, including termination notice and vacation pay.
Contractor arrangements work well for genuinely independent, project-based work. They do not work as a substitute for full-time employment. If someone is working exclusively for your company, following your schedule, and embedded in your team, that is an employment relationship regardless of what the contract says.
Use an Employer of Record
An Employer of Record (EOR) is a company that employs people in Canada on your behalf through its own legal entity. The EOR handles the employment contract, payroll, tax withholding, CPP and EI contributions, benefits, and compliance with provincial employment standards. Your employee works for you day to day, reports into your team, and contributes to your goals. The EOR provides the legal infrastructure that makes the employment relationship compliant.
This is the fastest route to hiring in Canada for companies without a local entity. Most EOR providers can onboard a new employee within one to two weeks, and some can do it within days. There is no entity to set up, no CRA registration to manage, and no need to become an expert in Canadian employment law yourself.
The cost is a monthly service fee per employee, typically ranging from $199 to $699 depending on the provider, on top of the employee’s gross salary and mandatory employer contributions. For a comparison of providers, see our guide to the best Employer of Record providers in Canada.
What you need to know about Canadian employment law
Regardless of which route you choose, anyone employed in Canada is protected by Canadian employment law. Here are the areas that matter most when hiring from abroad.
Federal vs. provincial jurisdiction
Most private-sector employees in Canada fall under provincial jurisdiction. Each of the 10 provinces and 3 territories has its own employment standards legislation covering minimum wage, hours of work, overtime, vacation, statutory holidays, termination notice, and severance.
A smaller number of industries fall under federal jurisdiction, including banking, telecommunications, interprovincial transport, and broadcasting. Employees in these industries are covered by the Canada Labour Code regardless of which province they work in.
For most companies hiring in Canada, provincial employment standards apply. This means the rules depend on where the employee physically works, not where your company is based.
Employment contracts
Written employment contracts are not technically required under Canadian law in every province, but they are strongly recommended and in practice essential. A well-drafted contract should cover the role, compensation, benefits, working hours, vacation entitlement, probationary period, termination provisions, confidentiality, intellectual property, and any restrictive covenants.
Termination clauses deserve particular attention. Canada does not have at-will employment. Every employee is entitled to reasonable notice of termination or pay in lieu. Provincial employment standards set minimum notice periods, but courts can award considerably more under common law, particularly for longer-tenured or senior employees. A properly drafted termination clause can limit your exposure to the statutory minimum, but it must comply with provincial requirements to be enforceable.
Minimum wage
Minimum wage in Canada varies by province. As of 2026, rates range from $15.00 per hour in Alberta to $19.75 in Nunavut. The federal minimum wage, which applies to federally regulated industries, is $18.15 per hour as of April 1, 2026. If the provincial rate exceeds the federal rate, the higher rate applies.
Vacation and leave
Under federal standards, employees are entitled to two weeks of vacation after one year of service, three weeks after five years, and four weeks after ten years. Provincial minimums are similar, though Saskatchewan starts at three weeks after one year. Vacation pay is calculated as a percentage of gross earnings, typically 4% for two weeks and 6% for three weeks.
Beyond vacation, Canadian employees are entitled to various types of statutory leave including maternity leave, parental leave, sick leave, bereavement leave, and others depending on the province.
Termination
Ending an employment relationship in Canada requires careful handling. Statutory notice periods vary by province and length of service. Ontario, for example, requires one week per year of service up to a maximum of eight weeks. Some provinces also require severance pay on top of notice for longer-tenured employees.
Common law notice obligations can exceed the statutory minimum by a wide margin. Courts consider factors including the employee’s age, length of service, position, and the availability of comparable employment. Awards of 12 to 24 months’ notice are not unusual for senior employees with long tenure.
For more detail on end-of-employment obligations in Canada, including provincial differences, see our country guide.
Payroll and employer costs in Canada
Any company employing people in Canada must register with the CRA and make the following mandatory contributions.
Canada Pension Plan (CPP)
For 2026, both employees and employers contribute 5.95% on pensionable earnings between $3,500 and $74,600. The maximum annual contribution for each is $4,230.45. An additional CPP2 contribution of 4% applies to earnings between $74,600 and $85,000, with a maximum of $416.00 each. Employers must match both CPP and CPP2 contributions.
Employment Insurance (EI)
The employee EI premium rate for 2026 is 1.63% on insurable earnings up to $68,900, with a maximum annual premium of $1,123.07. Employers pay 1.4 times the employee rate, which works out to 2.28%, with a maximum of $1,572.30 per employee.
Quebec has different EI rates because the province administers its own parental insurance programme (QPIP). The employee rate in Quebec is 1.30%, and the employer rate is 1.82%.
Workers' compensation
Workers’ compensation is mandatory in all provinces and territories. Premiums are paid entirely by the employer and vary based on the province and the industry classification of the work being performed. Each province has its own workers’ compensation board, such as WSIB in Ontario and WorkSafeBC in British Columbia.
Provincial payroll taxes
Some provinces levy additional payroll taxes. Ontario, for example, has the Employer Health Tax (EHT), which applies to employers with total Ontario payroll exceeding $1 million. Quebec has the Health Services Fund, the Workforce Skills Development and Recognition Fund, and QPIP contributions on top of the standard federal obligations.
Income tax withholding
Employers must withhold federal and provincial income tax from every pay period and remit it to the CRA on the prescribed schedule. The frequency of remittance depends on your total monthly withholdings. T4 slips must be issued to employees and filed with the CRA by the end of February each year.
For a detailed breakdown of employment taxes in Canada, see our country guide. If you want to estimate the full employer cost for a specific role, the Boundless cost calculator below provides a detailed breakdown.
The Quebec factor
Quebec deserves separate mention because it operates differently from every other province in several important ways.
Quebec’s civil law system means employment relationships are governed by the Civil Code of Quebec in addition to the Act Respecting Labour Standards. Employment contracts and workplace policies must account for both frameworks.
The province has French language requirements under the Charter of the French Language. Depending on the size of your workforce and the nature of your operations, you may need to ensure that workplace communications, employment contracts, and certain documents are available in French.
Quebec administers its own parental insurance programme (QPIP) rather than using the federal EI maternity and parental benefits. Both employers and employees pay QPIP premiums in addition to (reduced) EI premiums.
Quebec also requires a separate provincial income tax return, administered by Revenu Québec rather than the CRA. Employers must register with Revenu Québec and make separate provincial tax remittances.
If you are hiring your first employee in Quebec, the additional compliance layer is meaningful. This is one area where the advisory support of an experienced EOR provider can save considerable time and risk.
Hiring Canadian residents vs. bringing in foreign workers
The approach described throughout this guide assumes you are hiring someone who already has the right to work in Canada, whether they are a Canadian citizen, permanent resident, or holder of an existing work permit.
If you want to bring a foreign worker into Canada, the process is more involved. In most cases, you will need to obtain a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada, which requires demonstrating that no Canadian citizen or permanent resident is available to fill the role. Some categories of workers are exempt from the LMIA requirement under the International Mobility Program, including intra-company transferees and workers covered by trade agreements like CUSMA.
Work permit and immigration processes are outside the scope of this guide, but it is worth noting that some EOR providers can support immigration cases as part of their service.
Which route is right for you?
Factor
Own entity
Contractor
Employer of Record
Time to first hire
4-12 weeks
Immediate
Days to weeks
Setup cost
CAD $5,000-30,000+
None
None
Ongoing admin
High (payroll, CRA, provincial filings)
Low
Handled by EOR
Compliance risk
You own it entirely
Misclassification risk
Managed by EOR
Suitable for full-time roles
Yes
Risky if ongoing and exclusive
Yes
Scalability
Fixed overhead regardless of headcount
Limited to genuinely independent work
Scales with headcount
Best for
Large permanent teams
Genuine project-based work
1-100 employees, speed, market testing
For most international companies hiring their first employees in Canada, an Employer of Record provides the fastest, lowest-risk path to compliant employment. You avoid entity setup, you do not take on the compliance burden yourself, and you can be operational in days rather than months.
If your Canadian headcount grows to a point where a dedicated entity makes economic sense, you can transition employees from the EOR arrangement to your own entity at that point. A good EOR provider will support that transition.
How Boundless helps you hire in Canada
Boundless provides Employer of Record services in Canada with dedicated account managers who have genuine expertise in Canadian employment law. Every customer gets a named point of contact who knows their business, not a rotating support desk.
Boundless handles employment contracts, payroll with CPP and EI deductions, provincial tax compliance, benefits administration, and ongoing HR requirements across all provinces. When you need guidance on provincial differences, competitive benefits packages, or complex situations like terminations, you are speaking to someone who can give you a clear answer quickly.
Pricing is transparent at $199 per employee per month with no hidden charges and full visibility into employer costs before you commit. Boundless is part of Payoneer Workforce Management (NASDAQ: PAYO), providing the financial stability and regulatory accountability of a publicly listed parent company.
For a comparison of EOR providers operating in Canada, see our guide to the best Employer of Record in Canada.
Talk to us
Get tailored advice on hiring, payroll, and compliance in Canada. Speak directly with our team to find the best setup for your business.
FAQs
Yes, but not directly onto US payroll. Anyone employed in Canada must be employed through a Canadian legal entity, with Canadian employment contracts, CPP and EI deductions, and provincial tax withholding. The three routes are setting up your own entity, engaging a contractor (with misclassification risk), or using an Employer of Record.
Most EOR providers can onboard a new employee in Canada within one to two weeks. Some providers complete the process within a few business days for roles with standard contract terms.
Employers contribute to CPP (5.95% on earnings up to $74,600, plus 4% CPP2 on earnings up to $85,000), EI (2.28% of insurable earnings up to $68,900), and workers’ compensation. Some provinces have additional payroll taxes, and Quebec has several additional obligations including QPIP.
Most private-sector employees fall under provincial jurisdiction, meaning the employment standards of the province where they work apply. Federal jurisdiction covers specific industries including banking, telecommunications, and interprovincial transport. The distinction affects minimum wage, overtime, vacation, termination, and other employment standards.
CPP, EI, and workers’ compensation are mandatory. Beyond that, there is no legal requirement to provide private health insurance, dental, or other supplementary benefits. However, Canadian employees widely expect supplementary health and dental coverage, and offering it is important for attracting and retaining talent.
The CRA can reclassify the relationship as employment, making you liable for unpaid CPP and EI contributions, back taxes, penalties, and interest. The worker may also be entitled to employment protections they were denied. The CRA looks at factors including control, ownership of tools, financial risk, and exclusivity.
No. All employees in Canada are entitled to reasonable notice of termination or pay in lieu. Provincial employment standards set minimum notice periods, and common law can require considerably more depending on the employee’s age, tenure, position, and other factors.
Quebec operates under civil law rather than common law, has French language requirements for workplace communications, administers its own parental insurance programme (QPIP), and requires separate provincial tax registration and remittance through Revenu Québec rather than the CRA.
Yes. If you are using an EOR, the provider can onboard the person as a full-time employee in Canada. If you have your own entity, you would issue an employment contract directly. Either way, the contractor arrangement ends and a new employment relationship begins, with all the associated obligations.
An EOR does not automatically create or eliminate permanent establishment risk. If your business activities in Canada create a fixed place of business or a dependent agent, you may have PE exposure regardless of whether you use an EOR. Tax advice specific to your situation is recommended.
The making available of information to you on this site by Boundless shall not create a legal, confidential or other relationship between you and Boundless and does not constitute the provision of legal, tax, commercial or other professional advice by Boundless. You acknowledge and agree that any information on this site has not been prepared with your specific circumstances in mind, may not be suitable for use in your business, and does not constitute advice intended for reliance. You assume all risk and liability that may result from any such reliance on the information and you should seek independent advice from a lawyer or tax professional in the relevant jurisdiction(s) before doing so.
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