Foreign based contractor for Canadian company

[DUIInsideCanada]

Good evening,

I'm a foreign based contractor for a Canadian company. I have been for quite a few years now. I have sub contractors and everything, pay taxes and accountants in my home country and my work is online and entirely remote. Nothing ever in person. Nothing could ever be needed In person and this is 100% remote work.

I am currently in Canada physically and have not undertaken any work so far - this is a vacation. I would like to stay for a few months but I'm unsure on the legality of my work situation.

Am I allowed to work while here? Given my contractor status, are my subcontractors allowed to work while I'm here? Can I earn from the company while I'm here through my subcontractors if I'm not actually doing any work?

I'm struggling to find answers. Everything I find relates to employees. I'm not an employee.

I appreciate any and all insight!

 

[Buletruck]

You need a work permit to do any work in Canada for your employer.

 

[DUIInsideCanada]

You need a work permit to do any work in Canada for your employer.

But they are not my employer, they are my client. I manage and process work for their European divisions because of my location and time zone.

However - If I need a work permit even under those circumstances, what is the legal situation for my subcontractors? Do they also need to suspend work while I am here? If not, can I draw an income from the work they do, if it is not me doing the work?

 

[DUIInsideCanada]

Does anyone have any idea?

 

[scylla]

Does anyone have any idea?

You definitely need a work permit to work in Canada. I understand they are your clients, however this is irrelevant. You would be entering the Canadian job market by working for your clients in Canada and therefore need the work permit if you want to work while in Canada.

For the subcontractor work, are you providing any direction to them or reviewing their work or communicating with them on their work - or are they working completely independently with zero involvement of any kind from you?

 

[DUIInsideCanada]

Okay that's great as long as I know! Thank you..

For the subs, I would have no interaction with them at all except to send them their pay. Their work is independent of me, I would not check it, approve it, or have anything to do with it while I'm here.

 

[scylla]

Okay that's great as long as I know! Thank you..

For the subs, I would have no interaction with them at all except to send them their pay. Their work is independent of me, I would not check it, approve it, or have anything to do with it while I'm here.

My leaning in that case is that no work permit is required. But I'm not an immigration lawyer. So can't say with 100 percent certainty.

 

[canuck78]

Okay that's great as long as I know! Thank you..

For the subs, I would have no interaction with them at all except to send them their pay. Their work is independent of me, I would not check it, approve it, or have anything to do with it while I'm here.

Sending pay is an interaction. Given that you already have a TRP you need to be very careful in terms of making sure you follow all the laws and immigration rules in Canada. You need to confirm this with an immigration lawyer because you could need a WP. It depends on the specifics of your situation because it does seem like you have a Canadian client.

 

[DUIInsideCanada]

Sending pay is an interaction. Given that you already have a TRP you need to be very careful in terms of making sure you follow all the laws and immigration rules in Canada. You need to confirm this with an immigration lawyer because you could need a WP. It depends on the specifics of your situation because it does seem like you have a Canadian client.

I decided to play it safe! The Subcontractor no longer provides services to me. Its not worth it.. staying within the law is the most important thing to me.