Yes. A US or other foreign company can lawfully hire employees in British Columbia without incorporating a Canadian entity by using an Employer of Record (EOR), which becomes the legal employer, runs payroll and CPP or EI remittances, and manages compliance with the BC Employment Standards Act while you direct the employee's day to day work.
That answer, however, comes with real conditions attached: BC statutory minimums still apply no matter who signs the paycheque, workers compensation coverage may still be required, and hiring even one remote worker in the province can raise permanent establishment tax questions for your company back home. Here is what actually matters before you make an offer.
Do you need a BC entity to hire an employee there?
No, not if you use an Employer of Record. Direct hiring by your foreign company is also legally possible: a foreign company can register with the CRA for a business number and payroll account as a non-resident employer, and one carrying on business in BC generally must also register as an extraprovincial company. In practice, however, running compliant Canadian payroll, CPP and EI remittances, and T4 reporting from abroad is administratively heavy, which is why many first-time employers use an EOR. An EOR sidesteps that burden entirely: it is already incorporated in Canada, already registered with the CRA and WorkSafeBC, and simply adds your worker to its existing payroll infrastructure as its own employee while you retain control over the work itself.
This is different from a Professional Employer Organization (PEO). A PEO co-employs an existing workforce and handles administrative tasks like payroll and compliance filings, but it does not let a foreign company hire in Canada without first setting up its own entity, because the PEO shares liability with, rather than replaces, the client company as employer.
How does an Employer of Record work in British Columbia?
The EOR is named as the legal employer on the employment contract, payroll records, and government filings. It handles CRA registration, CPP and EI deductions, T4 reporting, BC-compliant contract drafting, and statutory leave administration, while the client company manages the employee's actual work, targets, and reporting lines. EOR providers often advertise onboarding a new BC-based employee within days, compared with the weeks to months it typically takes to set up a Canadian subsidiary with standalone payroll, WorkSafeBC coverage, and bank accounts.
What BC Employment Standards Act rules apply no matter who employs the worker?
The BC Employment Standards Act (ESA) sets a compliance floor that applies to most employees in BC (some parts give way to collective agreements, and certain professions are excluded), regardless of whether the paycheque comes from a BC subsidiary or an EOR acting on behalf of a foreign parent.
Key minimums as of September 2026 include:
- General minimum wage: 18.25 CAD per hour, effective June 1, 2026. Under ESA s.16.2 it is adjusted automatically every June 1 in line with BC CPI; from June 1, 2025 it was 17.85 CAD.
- Two weeks of vacation after 12 consecutive months and three weeks after five consecutive years; vacation pay of at least 4 percent of total wages from the fifth calendar day of employment, rising to 6 percent after five consecutive years
- 11 statutory holidays, with eligibility requiring 30 days of employment and work or paid wages on at least 15 of the preceding 30 days
- Vacation pay that accrues as wages are earned and must be paid out in full on termination, even if unused
Unlike Ontario, BC's ESA does not create a separate statutory severance pay obligation. Instead, section 63 of the ESA sets out compensation for length of service, calculated on the schedule below.
| Length of employment | ESA notice or pay in lieu |
|---|---|
| Less than 3 months | None |
| 3 months to 12 months | 1 week |
| 12 months to 3 years | 2 weeks |
| 3 to 4 years | 3 weeks |
| 4 to 5 years | 4 weeks |
| 5 to 6 years | 5 weeks |
| 6 to 7 years | 6 weeks |
| 7 to 8 years | 7 weeks |
| 8 or more years | 8 weeks (maximum) |
These are floors, not the full picture. Where an employment contract does not contain a valid, enforceable termination clause limiting notice to the ESA minimum, a terminated employee can claim common law reasonable notice instead, calculated by courts based on age, length of service, seniority of the role, and how easily comparable work can be found. Common law severance for non-union employees can reach well beyond the eight week ESA cap, in some cases up to 24 months of pay, so an unclear or missing termination clause is one of the biggest sources of unplanned exposure for foreign employers hiring into BC. Separately, under ESA s.64, terminating 50 or more employees at a single location within a two-month period requires additional written group notice.
What is permanent establishment risk, and could hiring in BC trigger it?
Permanent establishment (PE) is a tax concept, not an employment law one, but it is often the biggest hidden cost of hiring into Canada informally. Foreign employers that hire Canadian remote workers may trigger permanent establishment issues leading to Canadian corporate tax obligations, especially when the worker performs core business functions such as sales, contracting, or decision making rather than pure support work. An employee who habitually concludes contracts on the company's behalf can also create a dependent-agent PE under the applicable tax treaty (for US companies, Article V of the Canada-US tax treaty). If your company is found to have a PE in Canada, profits attributable to that presence become subject to Canadian corporate tax, on top of whatever tax you already pay at home.
The treatment of home offices has also become more specific. The OECD's 2025 Update to the Model Tax Convention (November 2025) says a home office is generally not a place of business of the employer if the employee works there less than 50 percent of their working time over a 12-month period. Above that threshold, whether the employer has a commercial reason for the employee to be in the country, such as serving local customers, is decisive. The Commentary is persuasive rather than binding. In practice, keeping managerial decision making, contract signing authority, and client-facing negotiation functions outside Canada, and documenting that structure, is now standard PE risk mitigation advice for cross-border employers.
Separately, Canada requires any employer, foreign or domestic, to withhold Canadian income tax on Canadian-sourced wages. For payments made after 2015 (effective 2016), qualifying treaty-resident employers can apply to the CRA (Form RC473) for Non-Resident Employer Certification, which gives relief from Regulation 102 withholding, but only for non-resident employees working in Canada briefly (under 45 working days or under 90 days' presence in a 12-month period). It does not apply to an employee who lives in BC; wages paid to a BC resident are subject to full Canadian withholding. An EOR removes this withholding question entirely, since the EOR, not your foreign company, is the Canadian taxpayer running payroll.
Do you need WorkSafeBC coverage for a BC-based employee?
Generally, yes, if you are hiring directly rather than through an EOR. If you hire workers in BC, you are required by law to register for WorkSafeBC insurance coverage, and failing to register does not protect you from liability if a worker is later injured on the job. Coverage requirements can differ for out-of-province businesses depending on the nature and duration of BC-based work, so any foreign company hiring an employee physically located in BC should confirm registration obligations directly with WorkSafeBC before the employee's start date. An EOR carries its own WorkSafeBC coverage as the registered employer, which removes this obligation from your company.
EOR vs PEO vs incorporating your own BC entity: which fits your hiring plan?
The right structure depends mainly on headcount, timeline, and how long you expect to operate in BC.
| Factor | Direct incorporation | PEO | Employer of Record |
|---|---|---|---|
| Canadian entity required | Yes | Yes (client's own entity) | No |
| Typical setup time | Days to incorporate; weeks to months to set up payroll, WorkSafeBC and bank accounts | Requires entity first | Days |
| Who is the legal employer | Your company | Shared with client company | The EOR |
| Best for | Large, long-term BC teams | Companies that already have a BC entity | First hires, market testing, small teams |
A PEO cannot assist with hiring in a country where the client has no entity, since it co-employs an existing workforce rather than replacing the need for one, so PEOs only make sense once a BC or Canadian entity already exists. For a first hire, a pilot team, or ongoing uncertainty about how long you will operate in BC, an EOR is typically the faster and lower-risk path, since it avoids incorporation, legal, accounting, and payroll setup costs and lets you start payroll in days rather than months. For reference, the BC incorporation filing fee itself is 350 CAD.
Checklist: before you hire your first employee in British Columbia
- Decide between an EOR and full incorporation based on headcount and timeline
- Draft a BC-compliant contract with a clear, enforceable termination clause
- Confirm WorkSafeBC registration if hiring directly rather than through an EOR
- Assess permanent establishment risk with tax counsel before the role starts, not after
- Confirm minimum wage, vacation, and statutory holiday pay match current ESA rates
- Confirm who runs CPP, EI, and T4 payroll remittance before the first pay cycle
FAQ
Can a US company hire a BC employee without a Canadian entity?
Yes. A US or other foreign company can hire an employee physically located in British Columbia without incorporating in Canada by using an Employer of Record, which becomes the legal employer on payroll and handles CRA, CPP, EI, and BC Employment Standards Act compliance on the client's behalf.
What is the difference between an EOR and a PEO for hiring in BC?
An EOR becomes the legal employer and lets a foreign company hire without any Canadian entity. A PEO co-employs an existing workforce alongside the client company, but it does not remove the need for the client to already have its own Canadian entity, since a PEO cannot support international hiring on its own.
Does hiring one remote employee in BC create a permanent establishment?
Not automatically, but it can, particularly if that employee performs core business functions such as sales, contracting, or decision making rather than administrative support. Under the OECD's 2025 Update to the Model Tax Convention, a home office used for 50 percent or more of working time over 12 months can be a place of business where the employer has a commercial reason for the employee to be in Canada, such as serving local customers, so foreign employers should review the employee's actual role and reporting line, not just their job title.
What is the minimum termination notice required in British Columbia?
Under the BC Employment Standards Act, notice or pay in lieu ranges from none for employees with less than three months of service up to a maximum of eight weeks after eight or more years of service. Many employees are entitled to significantly more under common law reasonable notice if their contract lacks a valid, enforceable termination clause.
Do BC employees get statutory severance pay?
No. Unlike Ontario, British Columbia's Employment Standards Act does not provide a separate statutory severance payment. It provides compensation for length of service (termination pay) under section 63, on top of which common law reasonable notice may apply where the employment contract does not validly limit notice to the ESA minimum.
Hiring into British Columbia raises entity, tax, and termination-clause questions at the same time, and getting any one of them wrong is expensive to unwind. OptiMaxWork AI gives you a verified, source-backed answer for your specific hiring scenario in minutes. Start your 7-day free trial
Disclaimer: This article is general information, not legal or tax advice, and does not create a client relationship. Employment standards, tax treaty positions, and permanent establishment analysis are fact-specific and change over time; confirm current requirements with a licensed BC employment lawyer, Canadian tax advisor, and WorkSafeBC before acting. Sources reviewed and captured on September 1, 2026:
- Province of British Columbia, Employment Standards Act (RSBC 1996, c. 113)
- Province of British Columbia, "Minimum wage"
- Province of British Columbia, "Termination of employment"
- Province of British Columbia, "Corporate Registry forms and fees"
- Canada Revenue Agency, "Register as a non-resident doing business in Canada"
- Canada Revenue Agency, "Non-resident employer certification"
- Canada Revenue Agency, "Employers' Guide: Payroll Deductions and Remittances (T4001)"
- WorkSafeBC, "Who needs coverage"
- OECD, "2025 Update to the OECD Model Tax Convention"
- OECD, "MLI Position of Canada"
- Bardal v. Globe & Mail Ltd. (1960); Ansari v. British Columbia Hydro and Power Authority (1986)