A frequent situation arises when an employer submits a work permit application for a foreign worker. On the application, the employer lists a specific client location or office address as the place where the employee will be working. However, in industries like IT or consulting, the nature of the work often allows the employee to technically perform their duties from anywhere.
The employee might go to the client site occasionally, but the bulk of the work is actually being done remotely. This work might be performed from a home office or even a different city entirely. Immigration Canada is now restricting an employee’s ability to work remotely after they have been approved for a work permit that specifies a location.
This distinction is very important for employers who are contemplating bringing employees inside Canada. It is also critical for those who currently have employees here.
How do the rules regarding work locations apply?
If a work permit states that an employee is working at a specific address, such as ‘123 Business Road, Toronto,’ the employee is expected to be there. If the employee is actually sitting in a living room in Vancouver or working entirely from home, they may be in violation.
This applies even if the employee works from home 100% of the time. A violation may occur when the work location indicated on the work permit is different from where the employee is physically located.
How does this affect Intra-Company Transfers?
The government is placing stricter scrutiny on Intra-Company Transfers (ICT). Authorities want to see that the worker is physically located at the company’s commercial premises.
You cannot simply apply for a work permit for one location and then let the employee work remotely just because it is convenient. The physical location of work is a material condition of the permit.
What happens during compliance inspections?
If an officer checks and finds the employee is not at the location listed on the Labour Market Impact Assessment (LMIA) or the work permit offer, the employer could face consequences. These consequences can include fines or bans.
What steps must employers take?
If an employer needs an employee to work remotely, this must be explicitly addressed and authorized before the permit is issued. It cannot be decided casually afterwards.
To avoid issues, ensure that the physical location of work matches the conditions of the permit. For more information, you can visit gooselaw.com.
