Are non-Canadians working outside Canada for Canadian employers covered?
Persons never or not normally resident in Canada are very unlikely to be covered by federal labour standards when working abroad, even where working for a federal business, work or undertaking (DiTullio and Canada Pacific Ltd. [1997] C.L.A.D. No. 543). Again, it must be emphasized that there is a general presumption that the Canada Labor Code does not apply extraterritorially, a presumption that may be overcome where the individual is under the direction of managers and operations in Canada and where the individual and their work have a particularly direct and close connection to Canada. (Foreign Correspondents’ Association (1995), 93 di 214 (C.L.R.B.
