WHAT'S IN THIS ARTICLE
Introduction | Visual Roadmap | Hiring Your 1st Employee | CRA Tests | Employee or Self-Employed | Other PR Topics
By L.Kenway BComm CPB Retired
Published March 15, 2024 | Revised February 8, 2025
PREVIOUS SECTION >> Canadian Payroll Manual
NEXT SECTION >> Employment Contracts
Sometimes, a potential worker might ask to work through their own corporation instead of becoming your employee. While this can be tempting (no payroll deductions!), you need to be careful and research CRA's position on this matter before making a decision. I cover this topic in detail here.
Hiring your first employee is a very exciting milestone in your business journey. I'm excited for you! It means your business is growing, but it also brings new responsibilities. Now's the perfect time to get your ducks in a row and establish good payroll habits from the start.
As a first-time employer in Canada, you need to understand and follow specific steps to set up payroll and pay your employee correctly. I think my step-by-step instructions will help you create a routine that makes payroll feel less overwhelming and more like second nature. My instructions are over simplified to get you started. Just remember to add notes to the steps as you figure out stuff tailored to your business and your routine.
This guide walks you through the process of hiring and paying your first employee in Canada. I'll cover everything from registering as an employer to running your first payroll. Whether you're a small business owner or a startup founder, you'll find step-by-step instructions to help you navigate this important transition.
Remember, getting it right from the start saves you time, keeps your employee and CRA happy, prevents expensive mistakes, and helps build a solid foundation for your growing business. Let's get those payroll ducks all lined up in a row!
Remember this flowchart. I introduced you to it at the beginning of the payroll manual. Before we jump into the details, here's a quick reminder of the overall payroll process. This flowchart shows you the big picture - now we'll be following the "Employee?" pathway and focusing on hiring and paying your first employee.
Now, let's break down each step you need to take to get all those ducks lined up in a row.
Step One - Determine the worker's employment status in accordance with Canada Revenue Service (CRA) criteria. Employer - Employee relationship? Or Independent Contractor relationship? Or Personal Services Business?
As the payroll tax rates are different for an employee versus a self-employed independent contractor or an incorporated employee, misclassification of a worker can be extremely costly to the employer. Let's examine how CRA tests and monitors employment status.
CRA Employment Status Tests
Over the years the courts have determined that four tests need to be met to determine employment status - (1) The Control Test, (2) The Integration Test, (3) The Economic Reality Test, and (4) The Specific Results Test.
After a 2013 Federal Court of Appeal hearing - Connor Homes vs Canada National Revenue - CRA has taken these tests and monitors the following areas for consistency in making their determinations of whose business is it:
For more in-depth information and specific questions to ask, refer to the CRA publication RC4110 Employee or Self-Employed?
In September 2010, Deloitte's newsletter Privately Speaking published a column authored by Tracy MacKinnon that is still relevant today. She noted:
"Whether an individual is an employee or a contractor is not a question of choice but a question of fact. And yet, making such a determination is not perfectly clear, as represented by a series of court cases on this issue. In a relatively recent case, the court concluded that the intent of the individual and the company must be one of the factors that is considered in determining the status of the individual."
The article explained that the CRA payroll tax guide at that time did not mention intent. [It does now.]
Before you decide to misclassify an employee to avoid the numerous payroll tax rates, consider the severity of the penalties. Ms. MacKinnon explained the consequences if the CRA deems a subcontractor to be an employee that are still pertinent today:
Ms. MacKinnon recommended that all support documentation supporting your decision that the person is an independent contractor should be available BEFORE CRA comes knocking. This recommendation still holds today.
Step Two - If you determine you will have an Employer - Employee relationship, open a payroll account with CRA.
If you are already registered for GST, opening a payroll with CRA is easy. Just call them.
If you have not applied for your Business Number (BN) from CRA yet, you will have to do this first. During the registration process, they will assign you a payroll account as well.
It is important to note that the business has to register for a payroll account BEFORE their first remittance due date.
CRA states, "The first remittance due date is the 15th day of the month following the month in which the business began withholding deductions from the employee's pay, unless CRA tells the business to remit using a different frequency."
Step Three - Have the employee complete a CRA Form TD1 - Personal Tax Credits Return.
Before starting work, have the employe fill out the TD1 form.
The TD1 form provides information including their social insurance number. You will need the TD1 form to:
Step Three A - How To Verify Their SIN
For SIN (Social Insurance Number) verification in Canada, here is my understanding of the regulations:
MUST DO
1. Obtain their social insurance number. While best practice was previously to view the original SIN document, 2013 Employment Insurance Regulations say you don't need to provide proof as neither the SIN card* nor the confirmation of SIN letter is an identity document or a piece of identification. Employers should now rely on the employee providing the number.
* As of 31 March 2014, Service Canada no longer issues plastic SIN cards. Instead, an individual will receive a paper "Confirmation of SIN" letter.
2. Record the SIN number. Recording the SIN is generally only necessary for payroll and tax purposes (like the TD1 form). Unnecessary recording should be avoided. For example, it should not be used as an employee ID, on an employee badge, or on timesheets; never transmit it in unencrypted emails. It is not required information on a job application.
3. Verify the SIN starts with a valid number:
4. Verify the work permit / authorization.
You need to request and examine the individual's original work permit or other authorization document, for example a study permit with work authorization. Verify:
🦆 DUCK TIP
From an employer's perspective, if the SIN starts with a 9, you are required you to verify a valid work authorization and monitor the expiry dates. Don't assume someone with a 9 SIN has automatic work authorization. You must still check their work permit. You cannot hire someone who does NOT have valid work authorization in Canada.
TIMING
RECORD KEEPING
SPECIAL SITUATIONS
Who is not Eligible For Hire?
IMPORTANT
You can't withhold pay while waiting for an employee's SIN, but you must still make reasonable efforts to obtain it.
My understanding is that you must pay employees for work performed, even without a SIN. You must deduct CPP, EI, and income tax even without a SIN. You cannot withhold or delay wages due to a missing SIN. Again, you must make reasonable efforts to obtain the SIN.
What To Do If You Have No SIN?
1. Have employee show proof they've applied for SIN.
2. Process payroll normally.
3. Keep documentation of your attempts to get the SIN.
4. Follow up with employee.
5. If you file T4 before getting SIN, leave SIN field blank.
What are the Employer's Obligation Regarding the SIN?
1. Ask for SIN on their first day of work.
2. Inform your employee of requirement.
3. Keep records of your requests.
4. Follow up within reasonable time.
5. Document all efforts to obtain SIN.
6. I've seen it suggested on the internet that you consult an employment lawyer on what to do after 60 days if you still don't have a SIN as this is a grey in employment law.
Step Four - Open a separate bank account for source deductions collected.
Payroll withholdings are held in trust for the government until such time as you are required to remit them to CRA. These amounts must not be used as operating capital for your business or to fund your personal lifestyle.
Step Five - Choose a payroll software as a subscription service (SaaS) to calculate and send employee pay cheques. Use the app to do your first payroll run.
The easiest way to do these calculations is to subscribe to payroll software as a subscription service (SaaS) like QuickBooks Online (which also tracks all your business transactions and your sales tax). QuickBooks Online offers direct deposit of employees' earnings as part of their SaaS.
Personally, I like to keep things simple, especially when first starting out. Therefore, I try to find an integrated, affordable solution that gets the job done. You probably don't need a lot of bells and whistles when you are first starting out. You can learn more about how I select an app on my other site.
CRA does have an online payroll calculator but it is tedious to use, does not save your results so does not provide the year-to-date information you will need to calculate your annual T4 slip for the employee.
A SaaS app will calculate the employee's gross pay first. You will have to decide if the employee's earnings will be based on an annual salary or an hourly rate or commission or some other method.
You must take into consideration labour laws in your province which may require vacation pay or overtime pay. The SaaS program usually takes care of this for you.
The SaaS app will take into consideration any tax credits that apply to the employee based on the information on their TD1 form.
Payroll deductions are calculated for each pay period next - both the employee (CPP, EI, WIT) and employer (CPP and EI) portions.
Employers are required to calculate and remit their portions of CPP and EI contributions at the same time as the employees' source deductions. Find our the employer-employee contributions rates here.
Step Five Sidebar 1: Are there government regulations to paying employees by direct deposit? Can a business make it mandatory to pay by direct deposit?
Generally, payroll direct deposits must be paid into the employee's account NOT third party accounts and side deals are illegal.
Each province / territory has a labour code dealing with the rules around paying employees by direct deposit. Federally regulated employers follow the Canada Labour Code.
Quick overview of some of the provinces rules for direct deposit:
Employers cannot change the way it pays an employee's earnings unilaterally if it is fundamental term of the employment contract. Best practice is to require new employees to participate in direct deposit as a condition of employment and obtaining written consent where required.
References:
Step Five Sidebar 2: How do you determine the payroll tax rates for statutory holidays?
To determine the pay rates for statutory holidays, refer to your provincial labour standards if you are under provincial regulations ... or federal labour standards for those under federal jurisdiction.
For BC ... There are two links about the BC Ministry of Labour on Statutory Holidays ...
Statutory pay equals an average day's pay. BC employees are entitled to statutory holiday pay if they work or take the day off. Employers should base their calculations on the last 30 days worked prior to the statutory holiday – including vacation days.
It should also be noted that Easter Sunday, Easter Monday, and Boxing Day are not statutory holidays in B.C..
For Alberta ... alberta.ca/paid-holidays-directive
If a general holiday falls on a regular workday, an employee may receive the day off work and their full salary for the day. If a general holiday does not fall on a regular workday and the employee does not work on the holiday, no general holiday pay is owed.
For Ontario ... ontario.ca/document/your-guide-employment-standards-act-0/public-holidays
In Ontario, an employee is generally entitled to take all statutory holidays off work and be paid public holiday pay. Most employees qualify for stat holiday pay if their workplace is covered by the Ontario Employment Standards Act and they meet the requirements of 'the first and last rule'.
For federal standards and all other provinces / territories, try this link ...
An employee working for a federally regulated employer is entitled to a day off with pay for the general holidays.
Reference: Peninsula Group Limited has great Stat Holidays & Pay information for a lot of the provinces updated to 2025.
Step Six - Remit source deductions to CRA by assigned due date.
The easiest way to file and pay your source deductions is to file the PD7A form - Statement of account for current source deductions. It is online using CRA's My Payment or My Business account.
Learn more about making payments online here.
As mentioned in step two above, the frequency of your remittance is determined by your remitter type and assigned to you by CRA when you open your payroll account.
Generally, CRA assigns NEW small business owners a quarterly remitting frequency. Find more information on source deduction remittances here.
Step Seven - Request employees submit a new TD1 form by the end of December. Prepare and issue the annual T4 slip - Statement of Remuneration Paid.
At the beginning of every calendar year, employees need to submit a new TD1 form to you so you can setup the new year's payroll information. It's also a way to confirm the employee's contact information for T4 preparation.
Report the income paid to the employees and any qualifying deductions on a T4 slip - Statement of Remuneration Paid. The T4 slip must be issued annually to employees by the last day of February. Learn more about your T4 reporting obligations here.
Where do you want to go next?
More >> Payroll Filing Deadlines
References: CRA Publication IPG-069 Determining the Employer/Employee Relationship
Back to top