Independent Contractor (Lesson 4.7)

Question 1

What is an independent contractor under Quebec law (CCQ 2098–2100)?

Answer 1

A person engaged to perform a specific task who is not subject to subordination, and is not an employee.

Question 2

What is the key legal difference between an employee and an independent contractor?

Answer 2

Subordination — employees work under the direction and control of an employer, whereas independent contractors do not.

Question 3

Who pays the independent contractor?

Answer 3

The contractor is not paid a salary, but instead invoices the client for services rendered.

Question 4

Is an independent contractor entitled to benefits like an employee?

Answer 4

No, they do not receive salary, benefits, or employment protections.

Question 5

What kind of duty does an independent contractor owe their client?

Answer 5

A fiduciary duty, similar to an employee, including the duty to act in the client’s best interest and maintain confidentiality.

Question 6

What is an example of an independent contractor?

Answer 6

A lawyer hired to review a contract — they provide a service, not as an employee but as a self-directed professional.

Question 7

Who does the independent contractor work for?

Answer 7

For a client, not an employer — the relationship is based on service provision, not employment.

Question 8

Can an independent contractor be told how to complete the work?

Answer 8

No, they maintain full discretion over how the task is completed, as long as it meets the agreed outcome.