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Can Open work permit holder work as a self employed??

datcolin

Full Member
Jul 3, 2011
34
2
Guys,

One of my friend is a family physician.

She got her work permit to practice medicine in Toronto. Her Husband got an open work-permit as he applied without any LMO as a secondry applicant when she applied for her work permit.

Now my question is that her husband is already working as a Chief Information Security Officer (CISO) in USA. His company is willing to pay him $12,000 on a monthly basis to work as a contractor from Ontario Canada as they dont want to lose him. He has been told by the HR department that he should now pay his taxes in Canada as they will pay him as a contractor.

Now my question is that can he work as a self employed in Ontario on an open work permit and file for his taxes on an annual basis?

Appreciate a quick response.

Cheers!
Colin
 

datcolin

Full Member
Jul 3, 2011
34
2
One more thing to add, he will work from home and wont commute to US at all.

He will attend all the meeting via Cisco Video Conferencing for 6 months until the company is able to find a new CISO.

One of the things I was able to locate on the following link is as follows:

From Section 5.1 of the Foreign Workers Manual:
http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf


What kind of activities are not considered to be “work”?


• long distance (by telephone or internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;

• self-employment where the work to be done would have no real impact on the labour market, nor really provide an opportunity for Canadians. Examples include a U.S. farmer crossing the border to work on fields that he owns, or a miner coming to work on his own claim.

Does this means there is no need for him to pay any taxes on $12,000 that he will be earning for 6 months?