Implications of US Remote Work

[resilientflora]

Hi all,

I was wondering whether the 20hr/wk limit applies to remote work for a US-based organization. According to https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html, my job as an independent contractor with this particular organization is not actually considered to be "work" in Canada, however, as it is actually work, is there a 20hr limit imposed?

I ask not because I intend to work over 20 hours with this organization, but I have a few semesters where I'm required to TA as my "job" and don't want those to interfere.

Thanks!

 

[primaprime]

Assuming you are paid outside of Canada (i.e. not to your Canadian bank account), and there is no entry to the Canadian labour market or competition with Canadians, you're free to freelance remotely.

 

[resilientflora]

Assuming you are paid outside of Canada (i.e. not to your Canadian bank account), and there is no entry to the Canadian labour market or competition with Canadians, you're free to freelance remotely.

hi, thank you. Yes, my question is whether it counts toward my 20hr/wk limit or not?

 

[primaprime]

No, because you're not working. Of course, the idea is for you to be a full-time student so make sure you devote your attention primarily to passing your classes.

 

[resilientflora]

No, because you're not working. Of course, the idea is for you to be a full-time student so make sure you devote your attention primarily to passing your classes.

wonderful, thank you! yes, I’m sure it won’t be a problem. appreciate the information!

 

[canuck78]

Don't agree. If you are working and depositing money into an offshore account that is tax avoidance. If you are working while in Canada on a study you should be declaring your income. Are you a US citizen or have a US work permit?

 

[resilientflora]

Don't agree. If you are working and depositing money into an offshore account that is tax avoidance. If you are working while in Canada on a study you should be declaring your income.

Did you have a chance to read the link I originally shared? Unless I’m misunderstanding what it says, I think I’m legally allowed to work as an independent contractor for a U.S. org (who is only serving US “customers” - it’s actually a nonprofit org that hosts events and grants funds to US based artists in need) in Canada without it even being considered “work.”

 

[resilientflora]

Don't agree. If you are working and depositing money into an offshore account that is tax avoidance. If you are working while in Canada on a study you should be declaring your income. Are you a US citizen or have a US work permit?

here’s the text from the Canada.ca link:

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

• An activity which does not really 'take away' from opportunities for Canadians or permanent residents to gain employment or experience in the workplace is not “work” for the purposes of the definition.

Examples of activities for which a person would not normally be remunerated or which would not compete directly with Canadian citizens or permanent residents in the Canadian labour market and which would normally be part-time or incidental to the reason that the person is in Canada include, but are not limited to:

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

 

[Copingwithlife]

here’s the text from the Canada.ca link:

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

• An activity which does not really 'take away' from opportunities for Canadians or permanent residents to gain employment or experience in the workplace is not “work” for the purposes of the definition.

Examples of activities for which a person would not normally be remunerated or which would not compete directly with Canadian citizens or permanent residents in the Canadian labour market and which would normally be part-time or incidental to the reason that the person is in Canada include, but are not limited to:

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

If you are so confident, why even ask the question?
Go ahead & do what you want, sounds like that’s the plan anyway

 

[resilientflora]

If you are so confident, why even ask the question?
Go ahead & do what you want, sounds like that’s the plan anyway

Hi there, I don’t think you are understanding my original question. I’m not asking whether I am allowed to do this work or if it is work, I see directly on the site that it isn’t. I’m asking about the 20 hour work limit, and whether it applies there.

 

[scylla]

Hi there, I don’t think you are understanding my original question. I’m not asking whether I am allowed to do this work or if it is work, I see directly on the site that it isn’t. I’m asking about the 20 hour work limit, and whether it applies there.

20 hour limit does not apply provided the work you're doing involves no Canadian customers / clients. If your company has Canadian customers / clients, it's a bit more murky. Hope that helps.

 

[resilientflora]

20 hour limit does not apply provided the work you're doing involves no Canadian customers / clients. If your company has Canadian customers / clients, it's a bit more murky. Hope that helps.

That’s the answer I was looking for. thanks!

 

[douglasr]

https://twitter.com/i/web/status/1266384097376600065