You can live in one province and work for an employer in another. Remote work has made cross-province employment much more common, but moving to another province can affect your employment agreement, workplace policies and which employment standards may apply.

The key question is often not where your employer’s head office is located, but where you actually work and what your employer agreed to.

⚠ Before you move, check first. Permission to work from home does not automatically mean you can permanently work from any province. Review your employment agreement and get your employer’s approval in writing before relocating.

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Can You Live in One Province and Work in Another?

Yes. There is no general rule preventing an employee from living in one Canadian province while working for an employer based in another.

For example, you could live in British Columbia and work remotely for an Ontario company, or live in Ontario while working for an employer headquartered in Alberta.

However, this does not necessarily mean you can choose to work from any province without telling your employer.

Your employment contract, remote-work agreement or workplace policy may specify:

  • where your normal workplace is located;
  • whether remote work is permitted;
  • whether remote work is restricted to a particular province;
  • whether you need approval before changing your work location; and
  • whether you are expected to attend an office in person.

There can also be an important difference between occasionally working from another province and permanently relocating there.

Do You Need Your Employer’s Permission to Work From Another Province?

Often, yes. An employer can generally decide where work must be performed unless your employment agreement, established arrangement or legal accommodation says otherwise.

If you were hired to work from an office in Toronto, for example, you should not assume that being allowed to work from home also gives you the right to permanently move to Calgary or Vancouver without approval.

Employers may have legitimate reasons for restricting where employees work, including:

  • provincial employment requirements;
  • payroll and tax administration;
  • benefit and insurance coverage;
  • privacy and data-security requirements;
  • licensing or regulatory obligations;
  • workers’ compensation requirements; and
  • the need for employees to attend the workplace in person.
⚠ Get approval before relocating. A general work-from-home policy is not necessarily permission to permanently work from another province.

For more on remote and hybrid arrangements, read our guide to flexible work arrangements in Canada.

What If You Already Work Remotely?

If you have been working remotely for a long period of time, the arrangement may have become an important part of your employment relationship.

That may be particularly relevant where:

  • you were specifically hired for a remote position;
  • your employment contract identifies your home as your workplace;
  • your employer agreed that the arrangement would be permanent;
  • you relocated with your employer’s knowledge and approval; or
  • both sides have treated remote work as an established part of the job.

But working remotely does not automatically mean you have the right to work from anywhere in Canada.

There is a difference between an employer agreeing that you can work from your home in Toronto and agreeing that you can permanently relocate to another province while keeping the same job.

The wording of your agreement and how the arrangement has actually operated can matter.

Which Province’s Employment Laws Apply If You Work Remotely?

There is no simple rule that employment law is always determined by the province where your employer’s head office is located.

Where you actually perform your work can be very important.

For example, Ontario’s Employment Standards Act generally applies where an employee’s work is performed in Ontario, or where work outside Ontario is a continuation of work performed in Ontario.

Other provinces have their own employment standards legislation and rules.

For a remote employee, relevant factors can include:

  • where you normally perform your work;
  • where you were hired to work;
  • what your employment contract says;
  • whether your move is temporary or permanent;
  • where your employer carries on business; and
  • whether your workplace is provincially or federally regulated.

This can affect minimum employment standards, vacation, leaves, termination rights and other workplace protections.

⚠ Your home address does not automatically decide which employment laws apply. Cross-province employment arrangements can be fact-specific.

Samfiru Tumarkin LLP represents non-unionized employees in Ontario, Alberta and British Columbia.

What If Your Employer Orders You Back to the Office?

An employer can often require employees to attend the workplace if remote work was temporary, discretionary or subject to a policy that allowed the employer to change the arrangement.

The situation can be different where remote work has become an important term of your employment.

There may be a stronger legal issue if:

  • you were hired as a permanent remote employee;
  • your employment agreement guarantees remote work;
  • your employer approved your move to another province;
  • you relied on that approval when relocating your home or family; or
  • the change would significantly alter your commute or workplace.

A substantial change to an important term of employment can potentially amount to constructive dismissal.

That can allow a non-unionized employee to treat the employment relationship as having been terminated and pursue severance.

⚠ Do not resign before getting advice. If your employer is cancelling an established remote-work arrangement or requiring you to report to a workplace you cannot reasonably attend, your response can affect your right to severance.

Can You Be Fired for Working From Another Province?

Potentially. If your employer requires approval before changing your work location and you permanently relocate without permission, it could create a workplace dispute.

That does not automatically mean your employer has grounds to fire you for cause.

For most non-unionized employees, an employer can end the employment relationship without cause as long as it provides the appropriate notice or compensation.

If you are dismissed because of a dispute over remote work, do not assume the severance package offered is all you are owed.

Your entitlement can depend on factors including:

  • your age;
  • your position;
  • your length of service;
  • your compensation;
  • your employment contract; and
  • the availability of similar work.

In appropriate cases, a non-unionized employee can be owed as much as 24 months’ pay.

What could you be owed?
Use our free, anonymous Severance Pay Calculator for an estimate. Then have your severance offer reviewed before accepting.

What Should You Do Before Moving to Another Province?

If you are considering moving while keeping your current job, deal with the work-location issue before making the move permanent.

  1. Check your employment contract. Look for terms dealing with workplace location, remote work, relocation and attendance requirements.
  2. Review your employer’s remote-work policy. Some employers allow remote work but restrict employees to a particular province or geographic area.
  3. Ask for approval in writing. Make sure there is a clear record of what your employer has agreed to.
  4. Clarify office attendance. Find out whether you will still be expected to attend meetings or the workplace in person.
  5. Keep the agreement. Save emails, contracts and written confirmation of the arrangement.
  6. Get advice if your employer changes its position. If you moved with approval and your employer later tries to reverse the arrangement, your rights may be different.

The safest time to resolve these issues is before signing a lease, buying a home or permanently relocating.

Frequently Asked Questions About Working From Another Province

Can I live in Ontario and work for a company in Alberta?

Yes. You can live in Ontario while working remotely for a company based in Alberta. However, the location of the company’s head office does not automatically determine which employment laws apply. Where you actually perform your work and the terms of your employment arrangement can matter.

Can I live in BC and work remotely for an Ontario company?

Yes, if the arrangement is permitted by your employer. If you permanently perform your work from British Columbia, BC employment requirements may become relevant even though the employer is headquartered in Ontario.

Do I have to tell my employer if I move to another province?

You generally should. A permanent change in work location can create payroll, insurance, employment-law, security and regulatory issues. Moving without telling your employer could also breach an employment agreement or workplace policy.

Can my employer stop me from moving to another province?

Your employer generally cannot decide where you are allowed to live. However, it may be able to require you to perform your job from a particular workplace or location. If your move prevents you from meeting that requirement, a dispute can arise.

Does working remotely mean I can work from anywhere?

No. Permission to work remotely does not automatically mean permission to work from any province, country or location. Check the terms of your remote-work arrangement before relocating.

Can my employer make me return to the office after allowing remote work?

It depends on the arrangement. An employer may have more flexibility if remote work was temporary or discretionary. If permanent remote work became an important term of your employment, a forced change could raise constructive dismissal concerns.

What if I moved because my employer said I could work remotely permanently?

Get legal advice before resigning or accepting a major change. Written assurances, the circumstances of your move and the terms of your employment can all matter if your employer later tries to change the arrangement.

Get Advice About Your Remote Work Rights

Working from another province can become more than a remote-work issue if your employer changes an agreed arrangement, orders you back to a workplace you cannot reasonably attend, threatens your job or terminates your employment.

Samfiru Tumarkin LLP helps non-unionized employees in Ontario, Alberta and British Columbia understand their workplace rights and pursue the compensation they are owed.

Before you resign, relocate or sign a severance package, check first. We can review your employment agreement, remote-work arrangement and any changes your employer is trying to make.

⚠ Unionized? Speak with your union about disputes involving your work location, remote-work arrangement or termination. Samfiru Tumarkin LLP’s employment law team can’t assist with unionized workplace disputes.

Get Advice About Your Remote Work Rights

If your employer is changing your work location, ordering you back to the office or threatening your job, speak with our employment law team before you resign or agree to anything.

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