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Non Employment Declaration Form for Canada

Non Employment Declaration Form Template for Canada

A Non Employment Declaration Form is a legal document used in Canadian jurisdictions to formally establish and document the independent contractor status of an individual or business entity providing services to a company. The document includes specific declarations that help distinguish the relationship from employment, addressing key factors such as control over work, financial independence, and integration into the business. It serves as a crucial document for both tax purposes and legal clarity, helping both parties establish compliance with Canadian federal and provincial employment, tax, and labor laws.

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Non Employment Declaration Form

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What is a Non Employment Declaration Form?

The Non Employment Declaration Form is essential in Canadian business relationships where services are provided on an independent contractor basis rather than through employment. This document is typically used when engaging consultants, freelancers, or independent professionals to clearly establish the nature of the business relationship and minimize the risk of misclassification under Canadian employment law. It addresses key aspects required by Canadian federal and provincial authorities to distinguish independent contractors from employees, including control over work, financial independence, and integration into the business. The form serves as a protective measure for both parties by documenting their mutual understanding of the relationship's nature and helping ensure compliance with tax obligations, labor laws, and other regulatory requirements.

What sections should be included in a Non Employment Declaration Form?

1. Declarant Information: Full legal name, business name (if applicable), contact details, and business/tax registration numbers of the person making the declaration

2. Company Information: Details of the company/organization to whom the declaration is being made

3. Nature of Relationship: Clear statement declaring the independent contractor status and absence of employment relationship

4. Control and Direction: Declaration regarding the contractor's autonomy in performing services, including control over methods, timing, and location of work

5. Financial Independence: Statements about business expenses, own tools/equipment, opportunity for profit/loss, and multiple clients

6. Integration: Declaration regarding the contractor's separation from the company's regular operations and employees

7. Tax Responsibility: Acknowledgment of responsibility for all tax obligations, including income tax and GST/HST

8. Insurance and Liability: Statement regarding responsibility for own insurance and liability coverage

9. Acknowledgment: Confirmation that the declarant understands the implications of the declaration and that it is made voluntarily

10. Execution: Date and signature section for the declarant

What sections are optional to include in a Non Employment Declaration Form?

1. Specific Project Declaration: Used when the declaration relates to a specific project or time-limited engagement rather than ongoing services

2. Multiple Business Ventures: Include when the contractor operates multiple business ventures or provides services to multiple clients

3. Equipment and Resources: Detailed section about specific tools, equipment, and resources owned and used by the contractor

4. Subcontracting Rights: Include when the contractor has the right to subcontract or delegate work

5. Professional Qualifications: Used when specific professional qualifications or licenses are relevant to the services provided

What schedules should be included in a Non Employment Declaration Form?

1. Schedule A - Services Description: Detailed description of the services provided or to be provided by the contractor

2. Schedule B - Business Information: Details of the contractor's business structure, registration, and relevant licenses

3. Schedule C - Insurance Certificates: Copies or details of required insurance policies held by the contractor

4. Appendix 1 - Tax Registration: Copies of business number, GST/HST registration, or other tax-related documentation

5. Appendix 2 - Prior Contracts: List of other clients or contracts demonstrating independent business operations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions




























Clauses

























Relevant Industries

Technology

Construction

Professional Services

Healthcare

Education

Media and Entertainment

Financial Services

Real Estate

Manufacturing

Consulting

Creative Industries

Transportation and Logistics

Relevant Teams

Human Resources

Legal

Finance

Procurement

Operations

Project Management Office

Compliance

Risk Management

Talent Acquisition

Vendor Management

Relevant Roles

Independent Consultant

Freelance Developer

Contract Project Manager

External Advisor

Professional Services Provider

Self-Employed Contractor

Independent Business Owner

Freelance Designer

Contract Trainer

External Auditor

Independent Sales Representative

Contract Business Analyst

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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