How to hire and pay employees in Canada

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Canada Facts and Stats

Currency

Canadian Dollar is the official currency of Canada. Its currency symbol is $, CAD.

Employer Costs

Estimated at 8.23% – 16.864% of employees salary THIS VARIES DEPENDING ON PROVINCE

Languages

English and French are the co-official languages of Canada and are by far the most spoken languages in the country.

Population

The population of Canada is 38.25 million

Payroll frequency

Either a weekly, bi-weekly, or monthly basis.

Hiring

Grow your team in Canada

No entity, no problem

To start growing your team in Canada, you must establish a local entity- including an account with a local bank, a local office and an address registered as a subsidiary.
his allows you to manage payroll, tax, benefits and compliance for your employees, but can take several months.

Emerald can hire and payroll your workers, quickly and compliantly with their ready to go entity. Make growing your team simple with Emerald as a global partner.

Pros & Cons of hiring in Canada

Canada is an attractive country with a rich history, diverse population and thriving economy. The country’s entrepreneurial spirit is one of the reasons companies are
choosing to expand here.

Businesses that expand to Canada have the potential to grow quickly as the country’s economy is one of the strongest in the world, with low unemployment rates and a highly skilled and educated workforce. According to Statistics Canada, the workforce has a high rate of education attainment compared to other countries around the globe, meaning that Canadian employees are well equipped with the skills necessary for success.

Canada has a very low corporate tax, allowing you to retain a higher percentage of your business profits and gain a competitive advantage. Start-ups, in particular, have access to a wide range of financial programs and services to help them get started in the country.

However, expanding to Canada can be difficult for companies with no experience, as the government regulations and laws can prove challenging to navigate.

Why Canada is good for remote workers

The standard working hours in Canada can vary according to jurisdiction as well as job and industry. On average, the working week is 40 hours. Overtime rules also vary significantly across Canada, with most jurisdictions stipulating an overtime rate of 1.5 times the regular rate of pay.

Some positions are exempt from hours of work and overtime rules, such as doctors, lawyers, managers, supervisors, and IT professionals. Below is a guide per territory and province.

Start growing your remote workforce now

Employer Costs
8.23% - 16.864%Varies by province
Canada Pension PlanVaries by province
Employment InsuranceVaries by province
Benefits

Mandatory Benefits

Employment Insurance (EI) (1.58% at the federal level and 1.2% in Quebec)

Canada Pension Plan (CPP) (5.45% at the federal level and 5.90% in Quebec.)

Additional Benefits

Some employers like to offer additional benefits to improve employee retention and satisfaction.

Health insurance

Employment

Contract

Contracts in Canada must include:

A written contract of employment is not required by law but is recommended. Canada has two official languages, French and English. If a contract is provided in writing this will be in either English or French depending on the territory or province.

Probation

A probation period in Canada is permitted for up to 3 months in most jurisdictions.

Emerald Technology can onboard employees in Canada within 48 hours.

Restrictive Covenants

Any restrictions should go no further than to protect an employer’s legitimate business interests. Non-compete clauses are generally not enforceable for employees unless they hold a senior status or position of trust, or where a non-solicitation provision could have been sufficient. Non-compete clauses must be reasonable in scope geographically.

In some authorities they must also specify the type of restricted employment and restricted job functions. Non-solicitation agreements are generally more enforceable but must still be reasonable in terms of geographical scope and length of time. Employee non-solicits can be enforceable if clear and reasonable. Any kind of enforcement and agreements will vary between province and territory.

Insurance
01.

Healthcare

Canada has a universal health care system funded through taxes known as Medicare. Each province and territory are responsible for its own healthcare services, so the standard of care may vary depending on location. Medicare will not cover all health services, generally it will only cover essential services such as emergency hospital treatment, primary care to diagnose and treat injuries or illness, and maternity services. However, this can vary according to the province or territory.

Additional services are available for people on low incomes, over the age of 65, and children. Anyone moving to Canada on a work visa can apply for a Medicare health insurance card in the province they will be moving to. This will take approximately three months to be issued, once this is issued the person is able to access Medicare coverage in their province or territory. Many Canadians choose to also enrol for private health insurance. It is estimated that approximately over 60% of Canadians have some form of private medical cover, commonly through an employer.

02.

Social Security Contributions in Canada

Social security in Canada is the responsibility of the employer to deduct from an employee’s salary before payment. Both the employer and employee are subject to social security contributions. Typical employer contributions are 7.46%, and for employees, 6.83%. This covers contributions for Employment Insurance and the Canada Pension Plan. However, contributions can vary, and there may be additional contributions depending on the province or territory the employee is based in.

Leave Policy
01.

Maternity Leave

Most jurisdictions in Canada offer 17 weeks of unpaid maternity leave; however, this can vary slightly. In most jurisdictions, new parents also have the option to take parental leave of between 52 and 65 weeks. There is the option to apply for government paid employment insurance (EI) benefits if the employee meets the eligibility requirements.

Women on maternity leave may be able to receive up to 55% of their standard salary up to a maximum of 638 CAD per week. Parental leave payment may be lower. One of the eligibility requirements is based on the number of hours worked in the 12 months before the claim was requested.

02.

Sickness Leave

Sick leave is generally without pay in most jurisdictions. Exceptions include British Columbia, which offers five days’ paid sick leave, and Quebec, which offers two days.
Employees can apply for paid sick leave from the government employment insurance (EI). A medical certificate must be provided and there are limits on the number of hours
that must have been worked in the last 12 months. Employees may be entitled to up to 55% of their standard salary. Some companies do offer company sick pay as a benefit
to employees.

Onboarding

Onboarding

As the legal employer, Emerald Technology requires the following employee documents to ensure complete compliance:

Emerald Technology can onboard employees in Canada within 48 hours.
Termination

Resignation and Dismissal

When an employer dismisses an employee it must be with just cause and they must give them notice. The notice period starts from the day after the employer notifies the employee of the termination. Notice must be given in accordance with the following schedule at a minimum:

Unlike the U.S, Canada does not recognise ‘at will’ dismissal. An employer must provide an employee with at least two weeks written notice of their intention to terminate employment. Notice periods and certain termination laws can vary between provinces and territories. Any collective agreements often provide protection against termination without cause in Canada.

If an employee feels they have been unjustly dismissed, they can request, in writing, a written statement from their employer giving the reasons for dismissal. This request must be responded to within 15 days by the employer, or the employee can file a complaint alleging unjust dismissal at any Labour Program office no later than 90 days from the date of the dismissal.

If an employee wishes to resign, then notice period will vary from province or territory. This will also depend on factors such as length of service and job specific factors. Many employers will choose to include in a contract of employment any notice period requirements.

In Canada, the concept of redundancy is not recognised as it is within other countries. Instead, layoffs are recognised. These are periods during which employers do not provide work to employees, but where the employee will retain certain reinstatement rights should the company situation improve. During layoffs, employees may keep their entitlement to benefits. For a layoff to turn into dismissal, a certain period must pass, which varies between provinces as below:

Alberta

A layoff for one or more periods exceeding 90 days within a 120-day period

Ontario

35 weeks of layoff in a 53-week period when benefits are continued. Or 13 weeks of layoff in a 20-week period when no benefits are provided.

Labrador, Newfoundland, British Columbia and Yukon

13 weeks of layoff in a 20-week period.

Manitoba

8 weeks of layoff in a 16-week period.

New Brunswick and Nova Scotia

A layoff lasting 12 months, or longer.

Quebec

A layoff that is continuous for 6 months.

Prince Edward Island

Currently no time limit specified.

Nunavut and Northwest Territories

45 days of layoff within 60 consecutive days

Saskatchewan

A layoff of 6 consecutive working days.

Compensation

In lieu of written notice, the employer must pay two weeks’ salary at the regular rate to the employee. An employee who has completed at least 12 consecutive months of continuous employment qualifies for severance pay at the rate of two days for each full year of service. severance payments can vary between provinces and territories. Any collective agreements often provide protection against termination without cause in Canada. Upon termination, employers must process the final payment and pay it by the next pay date, issue the Record of Employment (ROE) to the employee, and report the termination to the authorities. If there are any outstanding payments from unpaid time off or bonuses, they must be paid by the next pay date.

Time off

Statutory Time off

Most employees are entitled to paid annual leave in Canada. In most jurisdictions, employees are entitled to 2 weeks of annual leave after completing 12 months of service. Typically, employees in professional level positions can expect between three and four weeks of annual leave.

Some jurisdictions offer vacation pay, where from the first day of employment an employee will begin to accrue an additional allowance for vacation, usually at 4% of the standard salary. Most jurisdictions do not allow a ‘use it or lose it’ policy.

Public Holidays

  • New Year’s Day
  • Good Friday
  • Canada Day
  • Labour Day
  • Christmas Day
Emerald Technology can onboard employees in Canada within 48 hours.
Salary / Taxes

Work, Pay and Taxes

01.

Minimum Wage

The federal minimum wage is $15.55 Canadian Dollars per hour (CAD). Provinces and territories do also set their own minimum wage, this varies from between $11.81 per to hour to $16 per hour.

02.

Working time and overtime

The standard working hours in Candada can vary according to jurisdiction as well as job and industry, on average it is 40 hours per week. Overtime rules may also vary significantly across Canada, most jurisdictions have an overtime rate of 1.5 times the regular rate of pay. Some positions are exempt from hours of work and overtime rules such as doctors, lawyers, managers, supervisors, and IT professionals. Below is a guide per territory and province.

British Columbia Daily: standard rate + 1/2 after 8 hours, double time after 12 hours, Weekly: standard rate + 1/2 after 40 hours
Alberta Standard rate + 1/2 after 8 hours a day or 44 hours a week>
Saskatchewan Standard rate + 1/2 after 8 or 10 hours a day or week
Ontario Standard rate + 1/2 after 44 hours a week
Quebec Standard rate + 1/2 after 40 hours a week
New Brunswick: No less than minimum wage + 1/2 after 44 hours a week (minimum overtime wage rate is $17.25)
Nova Scotia and Prince Edwards Island Standard rate + 1/2 after 48 hours a week
Newfoundland Minimum overtime wage is $17.10 in excess of 40 hours per week
Manitoba, Yukon, Northwest Territories, Nunavut and Federal Standard rate + 1/2 after 8 hours a day of 40 hours a week
03.

Salary Payments

Employees in Canada can be paid on either a weekly, bi-weekly, or monthly basis.

04.

Bonus

Canada does not have any legislation that mandates the provision of a 13th salary.

05.

Income Tax

The Canadian tax year runs from January to December. It is the employer’s responsibility to ensure taxes are paid from salaries before payments are made to employees. Income tax is composed of federal, provincial, and territorial income taxes based on the province and territories where employees are paid. Below are federal income tax rates. Provincial and territorial taxes vary.

Tax Payable Salary
15% $0 – %50,197
20.5% $50,197 – $100,392
25% $100,392 – $155,625
29.38% $155,625 – $221,708
33% $221,708+
Country Canada

Worker misclassification in Canada

Similar to other countries, Canada has strict rules on classifying individual contractors and full-time employees differently. Misclassifying your workers can put your business at risk of fines.

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