June 18, 2025 | Michael Warne
Chances are, you didn’t land here by accident. You’ve found a sharp, experienced data analyst in Toronto who’s ready to start next week. But there’s just one problem: you don’t have a legal entity in Canada.
This situation is common. Canada attracts global employers for a reason:
But hiring there isn’t simple. You’ll need to navigate provincial labor laws, payroll tax contributions, mandatory benefits, and strict rules around worker classification, or risk non-compliance.
This article walks you through the legal options available to hire employees in Canada, whether you want to build a small team or test the market with a single hire. You’ll compare the hiring methods, and why Employer of Record (EOR) is often the fastest, safest way to hire, without setting up a Canadian entity.
Did you know?
Tarmack helps you easily hire international talent as your full time employees without opening international subsidiaries. Find out more about our Employer of Record services
Learn MoreYes, but only through fully compliant channels. If you’re based outside Canada and want to hire someone who lives there, you must follow local laws. That means your responsibilities: from minimum wage to overtime pay, will differ based on where your employee lives.
Here are the key compliance areas you must get right:
Let’s say you’re a US-based startup. You find a great front-end developer in Montreal. She’s excited to join next week. You have no local entity in Canada, and setting one up will take 4 to 6 months and thousands in legal fees.
Instead, you partner with an Employer of Record (EOR). The EOR becomes the legal employer, handles payroll and tax compliance, and your developer starts working in 10 days, legally and fully covered.
Want to learn how international hiring works? Read our guide.
Once you decide to hire in Canada, you can’t ignore the legal groundwork. Like we’ve mentioned above, Canada has a decentralized employment system, which means the rules change depending on the province your employee lives and works in.
Whether you’re hiring directly, through a local entity, or using an Employer of Record(EOR), here’s what you need to get right.
Hiring someone in Quebec versus British Columbia isn’t just a location change. You’d have to consider higher vacation entitlements, different parental leave rules, and entirely separate payroll tax requirements. Provincial rules shape everything.
Minimum wage (as of 2024):
Working hours:
Leave entitlements:
Note for global employers: Canadian leave policies may appear “standard,” but provinces like Quebec offer more generous parental benefits. If you’re coming from the U.S., expect a higher baseline of worker protections.
After you hire in Canada, you’re responsible for paying payroll in Canadian dollars (CAD), deducting the right taxes, and submitting everything to the CRA on time.
Most provinces require biweekly or semimonthly pay schedules.
You’ll need to:
And also make mandatory contributions such as:
Contribution Type | Rate / Amount (2024) | Notes |
---|---|---|
Canada Pension Plan (CPP) / Quebec Pension Plan (QPP) | 5.95% of gross earnings (up to CAD $66,600) | Required nationwide (CPP), or QPP for employees in Quebec |
Employment Insurance (EI) | 2.282% (up to approx. CAD $1,219) | Employer matches at 1.4x the employee contribution |
Provincial Health Taxes | Varies by province | Applies only in Ontario, Manitoba, and Quebec; based on total payroll |
Workers’ Compensation | CAD $1–$3 per $100 of payroll | Required in all provinces; rate depends on industry and job risk level |
Payments should go through a CRA-approved method, like a Canadian bank account or via electronic funds transfer (EFT).
Pro Tip: If you’re hiring without a Canadian entity, managing this on your own can be time-consuming and risky. Partnering with an EOR like Tarmack ensures compliant, timely filings: no CRA penalties, no setup delays. |
Learn more: How to Pay International Employees
There are four main ways to hire employees in Canada. Each option comes with trade-offs in speed, compliance risk, and long-term cost.
The right choice depends on how fast you need to hire, how many people you’re bringing on, and whether you’re building a lasting presence in the country.
Hiring method | Setup time | Setup cost | Compliance risk | Ongoing cost | Best for |
---|---|---|---|---|---|
Local Entity | 3–6 months | $15,000–$20,000+ | High. You manage all contracts, filings, and remittances | Payroll + CPP, EI, insurance, filings (adds ~15–25%) | Companies building a large, long-term team in Canada |
Independent Contractor | 1–2 weeks | Minimal | High. Risk of misclassification, CRA penalties | Invoiced rate only, no benefits or tax contributions | Short-term projects, freelance work, or early testing |
EOR (Employer of Record) | 5–10 business days | None, only service costs of EOR | Low. EOR handles compliance and acts as legal employer | Depends on the service used | Fast, low-risk hiring without a Canadian entity |
This is the most traditional and most complex option. You’ll need to incorporate a Canadian business, register for a CRA payroll account, and take on full legal responsibility for your workforce.
Setting up an entity typically takes 3 to 6 months and costs $15,000 to $20,000+ in legal, accounting, and administrative fees.
You’re responsible for everything:
You’ll also need to navigate provincial laws on vacation, termination, and parental leave.
For example, a US-based SaaS company wants to build a permanent R&D team in Toronto. Since they plan to hire 15+ engineers over the next year, they set up a Canadian subsidiary. But if you’re hiring fewer than five people or want to move fast, the upfront legal and compliance investment may outweigh the benefit.
If you only need short-term help, you can work with contractors. They handle their own taxes and benefits, but you must treat them like independent professionals, not employees.
This means no fixed hours, no exclusive contracts, and no company-provided equipment.
Canada’s CRA uses RC4110 guidelines to assess whether a worker is truly a contractor. If reclassified as an employee, you could owe retroactive CPP and EI contributions, income tax withholdings, and penalties with interest.
Say you hire a freelance UX designer in Montreal to work on a 2-month project. She uses her own tools, sets her own hours, and sends you invoices. This is a contractor relationship, but you have to document it carefully to avoid any misclassification risk.
Contractors make sense for short-term, low-risk roles. But for core team members, the compliance exposure often outweighs the short-term cost savings.
These firms can help you source talent and may handle basic onboarding or payroll. But you remain the legal employer, which means you’re still responsible for statutory deductions, contract compliance, and termination obligations.
You’ll need to ensure employment agreements meet provincial standards, remit payroll taxes, and issue ROEs and T4s. Most staffing firms don’t absorb legal liability; they just support parts of the process.
This is best for companies testing the waters or hiring 2–5 employees temporarily. It offers speed but limited risk transfer. Not as hands-free as EOR, but not as permanent as an entity.
If you want to hire in Canada quickly and legally without setting up a company or dealing with local tax filings, an Employer of Record (EOR) is likely your best option.
An EOR is a third-party organization that becomes the legal employer of your Canadian hire on your behalf. They handle employment contracts, register with the CRA, run payroll, deduct taxes, issue ROEs and T4s, and manage benefits. You still oversee the employee’s work, but the EOR takes on the administrative and legal responsibility.
Most hires can start in 5 to 10 business days. You skip the paperwork, the payroll setup, and the legal exposure.
While you’ll pay a fee for the service, it removes the burden of setting up infrastructure or risking non-compliance. This is ideal for:
An EOR means no surprise liabilities, predictable monthly costs, and zero setup time.
Explore the full breakdown: 10 Reasons Smart Companies Use an EOR
Tarmack isn’t just another EOR. It’s a tech-based platform with transparent pricing, no hidden fees, and a team that understands the details of Canadian employment law.
Now you can easily hire & employ international remote talent in full time jobs without opening international subsidiaries. Find out more about Tarmack's Employer of Record services.
Get StartedHere’s what sets us apart:
Whether you’re hiring in Ontario, Quebec, or British Columbia, we help you stay compliant from day one. Get a Quote today!
You’ll need a CRA payroll account, a signed employment agreement, completed federal and provincial TD1 forms, and the employee’s SIN and banking details. If you’re working from Canada for a US company, these documents ensure proper tax withholding and reporting.
TCE includes salary plus employer contributions to CPP/QPP, EI, workers’ compensation, and (in some provinces) health taxes. On average, it adds 15–25% above base salary. If you’re wondering how to hire a Canadian for a US company, understanding TCE is key to accurate budgeting.
Follow Canada’s PIPEDA guidelines, use encrypted systems, and avoid storing data outside approved jurisdictions. For US companies with remote teams working from Canada, partnering with an EOR ensures employee data is handled in compliance with local privacy laws.
A PEO requires a Canadian entity and shares employer duties with you. An EOR becomes the legal employer, no entity needed, handling all compliance for you. For US companies without a local presence, only an EOR is compliant.
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