Can I Just Hire A U.S. Contractor To Do Work In Canada?

Before retaining a company or hiring a contractor from the United States to perform work in Canada, businesses must consider the implications from an immigration law perspective. It may come as a surprise that the worker can be prevented from entering Canada if he or she does not first have the appropriate paperwork in place. This article will review some of the basic immigration implications that should be considered before having an employee based in the United States perform work in Canada.

WORK PERMIT

Generally speaking, an individual that is not a Canadian citizen or permanent resident of Canada must obtain a work permit before working in Canada. For the purposes of Canadian immigration law, "work" is defined in section 2 of the Immigration and Refugee Protection Regulations (IRPR) as an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian