The pitch sounds reasonable when a carrier explains it. "You'll get paid to your corporation, you can deduct expenses, you'll have more control over your taxes." What carriers rarely explain — because it isn't in their interest to — is the full picture of what you stop being entitled to the moment you're classified as a contractor rather than an employee.
This is that full picture.
Employment Insurance: You Stop Qualifying
EI is paid into by employees (and matched by employers) throughout a working career. The entire point is to provide income support when you lose your job, when you're sick, when you're having a child, or when you're caring for a seriously ill family member.
As an employee: Your employer deducts EI premiums from your paycheque and remits them on your behalf. You accumulate insurable hours. If you're laid off or the carrier cuts your work, you can collect EI while you look for new work.
Under Driver Inc: Your corporation is paid by the carrier. There are no EI premiums being deducted. You accumulate no insurable hours. If the carrier stops giving you loads tomorrow — for any reason — you have no EI to fall back on. The federal government has confirmed that incorporated "contractors" in Driver Inc arrangements are not entitled to EI benefits even if they've been working full-time for years.
For a driver with a family and a mortgage, this is not a theoretical risk. Carriers reduce fleets. Loads dry up in slow seasons. If you're an employee, you have a safety net. Under Driver Inc, you have nothing.
CPP: Your Retirement Is Diminished
Canada Pension Plan contributions are how most Canadians build their baseline retirement income. Both the employee and employer contribute a percentage of insurable earnings — currently about 5.95% each — throughout a career.
As an employee: Your employer contributes CPP on your behalf. Those contributions accumulate in your CPP record and translate directly to higher monthly CPP payments when you retire.
Under Driver Inc: No employer CPP contributions are being made. Your carrier pays your corporation a gross amount and walks away. If you don't proactively make CPP contributions through your corporation (which most incorporated drivers do not do at the full amount), you are building a smaller CPP entitlement. Over a 20-30 year driving career, this difference in monthly retirement income can be substantial.
The CRA's position on Driver Inc reassessments includes pursuing back CPP contributions from carriers — but the years of CPP contributions that were never made cannot be retroactively credited to your personal account in most cases.
Workplace Injury Coverage: The Most Dangerous Gap
This is the one that can be catastrophic. Trucking is physically demanding and has real injury risk — back injuries, loading/unloading injuries, accidents.
As an employee: Your employer is required to register with the provincial workers' compensation board (WSIB in Ontario, WCB in Alberta and BC, CNESST in Quebec) and pay premiums covering you. If you're injured on the job, workers' compensation covers your medical treatment, income replacement while you recover, and permanent disability benefits if applicable. You don't sue your employer — the workers' comp system is the exclusive remedy.
Under Driver Inc: The carrier has not been paying workers' comp premiums on your behalf — you're classified as a contractor, so they have no obligation to. Whether you're covered depends on whether you individually registered with the workers' compensation board and paid your own premiums. Most Driver Inc drivers have not done this, because nobody told them they needed to.
If you're injured while working under a Driver Inc arrangement and you haven't personally registered for workers' comp coverage:
- You have no income replacement while you recover
- Your medical costs may not be covered beyond basic OHIP coverage
- Your only recourse is to sue the carrier in civil court — which requires proving they were negligent and can take years
- If you successfully argue you were actually an employee, the workers' comp board may investigate the carrier — but you still went uncompensated during the dispute period
Workers' compensation boards in Ontario, Alberta, and Quebec have all been active in auditing Driver Inc arrangements specifically because of this gap. The CNESST in Quebec has pursued carriers for unpaid premiums when Driver Inc drivers were injured. But the enforcement happens after the fact; it doesn't cover you when you're sitting at home with a herniated disc and no income.
Employment Standards Protections You No Longer Have
Provincial employment standards legislation provides a floor of protections for employees. As a contractor, those protections do not apply to you.
Vacation pay — Employees are entitled to vacation pay (minimum 4% of wages in most provinces, 6% after 5 years in Ontario). Under Driver Inc, your corporation receives a gross amount and there is no vacation pay component unless you negotiate it yourself.
Statutory holiday pay — Employees are entitled to pay for statutory holidays (Christmas, Labour Day, etc.) even if they don't work. Contractors have no such entitlement.
Termination notice or pay — If a carrier decides to stop giving you loads or terminates the relationship, as an employee you are entitled to statutory notice (1-8 weeks depending on tenure in Ontario) or pay in lieu. As a contractor, the carrier can stop calling tomorrow with no notice and no pay obligation beyond work already performed.
Overtime — While trucking is exempt from overtime in some provincial frameworks, the broader point stands: employment standards provide a floor of protection that simply does not exist in a contractor relationship.
The Tax "Advantage" Is Often Smaller Than You Think
The pitch for Driver Inc typically emphasizes tax benefits: deducting vehicle expenses, cell phone, a portion of home office, etc. These benefits are real, but for most drivers they're more modest than the pitch implies.
What you can actually deduct as an incorporated trucking contractor: reasonable business expenses directly related to earning the income — tools, safety equipment, some communications costs, professional fees. If you're driving the carrier's truck and the carrier pays for fuel, there are few equipment costs to deduct.
What you cannot deduct: A personal vehicle used partly for commuting, personal meals (only 50% of meals while away from home base), personal expenses. The CRA audits incorporated drivers' expense claims as part of Driver Inc enforcement.
The corporate tax rate is low on the first ~$500,000 of income (the small business rate), but this only helps you if you're keeping money in the corporation rather than paying it out as salary. A driver who pays their entire corporate income as salary to themselves pays the same personal income tax rate as an employee — the corporate structure adds accounting costs without a meaningful tax benefit in most cases.
A good accountant can help you understand what the tax picture actually looks like for your specific situation. The blanket claim that "you'll save money on taxes" is frequently overstated.
What to Do If Your Carrier Asks You to Incorporate
If your carrier has asked — or required — you to set up a corporation to continue working for them, you have options:
Ask questions before you agree. Who is paying for your incorporation costs? What happens to your EI and CPP? Are you covered by WSIB/WCB? Can you work for other carriers? If the answers are "you pay, nobody, no, and no," the arrangement is Driver Inc misclassification, not genuine independent contracting.
Talk to an accountant. Before setting up a corporation, a one-hour consultation with an accountant will give you a realistic picture of what you gain and lose. This is worth the fee.
Consider whether you're actually independent. If you drive the carrier's truck, get dispatched by the carrier, and couldn't realistically work for a competitor, you're an employee in substance. Your incorporation doesn't change that — but it strips you of employment protections.
Document everything. If you do proceed, keep records of your working conditions, the carrier's control over your work, and any communications about the arrangement. These records matter if the CRA later reassesses the carrier and questions arise about the nature of your working relationship.
Know that you may have employment rights anyway. Even if you've been operating under Driver Inc, if your working relationship looks like employment, you may still have rights under employment standards legislation and be able to file a claim with your provincial labour board. The incorporation doesn't automatically waive rights you're entitled to as an employee.
Frequently Asked Questions
If I've already been operating as Driver Inc, what are my risks?
As a driver, your main exposure is: potential reassessment of your corporate tax returns if you've been deducting expenses that employees can't deduct, and the loss of EI/WSIB protections you may have assumed you had. The CRA's primary financial target is the carrier (who owes the back payroll taxes), but drivers who claimed substantial business deductions that were not legitimate can also be reassessed.
Can I collect EI if I'm later determined to have been an employee?
If the CRA or Service Canada determines your working relationship was employment, there may be retroactive ability to claim EI — but this is a complex process, not automatic, and requires demonstrating that the working relationship met the employment test for the relevant period. You cannot retroactively claim EI benefits for periods years in the past in most cases.
If I'm injured while working as a Driver Inc contractor, what do I do immediately?
Report the injury to the carrier in writing the same day. Contact the provincial workers' compensation board and file a claim regardless of whether you expect it to be covered — the board will investigate and determine whether the arrangement was actually employment. If the board determines you were an employee, the carrier may be assessed for the benefits owed to you. Seek independent legal advice as quickly as possible.
Does incorporating protect me from personal liability for accidents?
A corporation provides some liability protection for general business obligations, but in trucking the liability picture is more complex. If you're driving under the carrier's CVOR and insurance, the carrier's liability coverage is the primary protection. Your personal corporation does not meaningfully change your liability exposure for accidents while operating a commercial vehicle.