What is the test for determining whether an employee is an independent contractor while selling pay phone locations?

Canada (Federal), Canada

The following excerpt is from CKUA Radio Foundation v. M.N.R., 2001 CanLII 681 (TCC):

In a recent decision of mine - Randy Fatt v. M.N.R. 2000-3591(EI) - dated April 12, 2001, I found the appellant to have been an independent contractor while selling pay phone locations for which he was compensated on a commission basis at a flat rate per phone placement. The appellant paid his own expenses for cellular telephone and car expenses. The payor provided no tools, equipment or office space and very little in the way of promotional or sales-related material. The reporting requirements were undertaken mainly as a basis for receiving compensation which was dependent on the number of sales completed as listed on the appropriate sheet. Throughout, there was a marked absence of control and the main office of the company was located in Vancouver while the selling territory of the appellant was in Alberta. It was a new venture without any established guidelines or business base and the marketing tool employed was a British Columbia corporation that through its Sales Manager - a former co-worker of the appellant - engaged the appellant's services due to his proven abilities as an experienced career salesman willing to develop a customer base for a new concept in the placement of pay phones within a newly de-regulated industry.

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