August 21, 2011 - Legal Age

Legal Age for Contracts

Per the Substitute Decisions Act, 1992:
2. (1)  A person who is eighteen years of age or more is presumed to be capable of entering into a contract. 1992, c. 30, s. 2 (1).

According to the government, those under the age of 18 can not legitimately enter into, or be held to, a contract into which they have entered, since the other party to the contract ought to know better than to contract with a minor.

How old were you when you entered into the Social Insurance (SI) Number contract with an agency of the Crown, i.e. a Crown Corporation? If you were under 18 at the time, the contract is likely not enforceable.

Were you told that an SI number was mandatory in order to work? That was a lie, and could be grounds for voiding the contract. One can work as a subcontractor, i.e. private contract, for anyone—granted you surrender any right to the benefits offered other employee's, but then there are no taxes deducted from wages, and the employer has the advantages of terminating you if you do not perform and having less expenses associated with your employment. Work hard and he won't want to lose you.

Did they tell you that having their employee number, sorry, I mean social insurance number, allows them to tax the money you earn while using their number/benefits?

Were you given full disclosure—all the details, obligations, benefits and disadvantages—of working under the SI number? If not, this too could be grounds for voiding the contract for lack of disclosure.

You may also want to request a copy of the original application form from Services Canada, for your records. It may be that the number on the application form is not the same as the number assigned to you. In many cases the number on the application form was pre-numbered with eight digits where as the number assigned to you has nine digits. Did you approve or initial the change? Changing any contract without the explicit consent of all parties is tantamount to fraud.

Use what you read here as a part of your research to establish your understanding.
Your actions remain your responsibility.
All natural rights reserved. © 2012 steven, a man. <><