Professional Photographer and Border Crossings

explorenorth wrote:

JaxDad wrote:
As long as you're not being paid to be in Canada, you are not 'working' in Canada.

You can be paid to be in Canada, you just can't be paid by a Canadian company.

So you're saying if you work for "ABC (Canada) Inc. but you get paid by ABC (USA) Inc. you don't need a work permit?

Good luck with that.

A little company called Air Canada lost that battle in court.

GordonThree wrote:
When I crossed to Canada August 2013, the border protection agent was more concerned with why I left my registered side arm at home than he was about the three large bags of camera and video equipment I had with me. He asked me at least five or six times about the pistol over the course of a ninety minute inspection.

not to get side tracked, but the reason for that is alot of folks forget its in the car or don't forget and just try and cross with a handgun, and lie about it, so they try to trip you up in asking questions, and after asking if your caught with one, its considered smuggling, a little steeper of an offence.

JaxDad wrote:
As long as you're not being paid to be in Canada, you are not 'working' in Canada.

You can be paid to be in Canada, you just can't be paid by a Canadian company.

You only need a work permit if you're hired by Canadian individuals or companies to take photos - you then need to prove that no Canadian photographer could do the work (lotsa luck). If you're doing it on spec, or working for an individual or company based outside of Canada, you can shoot whatever you want.

When I crossed to Canada August 2013, the border protection agent was more concerned with why I left my registered side arm at home than he was about the three large bags of camera and video equipment I had with me. He asked me at least five or six times about the pistol over the course of a ninety minute inspection.

Another thought on the issue is what equipment are you bring across the border? If you have a lot of equipment making it look like you are going to "work" then it could be an issue.

In our company we had technicians come in to look at equipment they sold us and do warranty repairs and installations, they required work permits and generally couldn't bring tools across the border.

I'm sure a couple of cameras wouldn't be a problem though.

Francesca Knowles wrote:

GordonThree wrote:

What if I visit and photograph as a tourist, but later years down the road, license the work as part of a catalog or traveling exhibit, from which royalties are received... I guess the paperwork involved depends on how much money the government thinks it is missing out on?

The chances of that actually happening are approximately equivalent to your chances of having a meteor drop on your head while waiting in line to buy tickets to a Superbowl smackdown involving your home State's purported "NFL" team.
;)

We have had personal experience with a photographer submitting a photo to an international competition and winning. Unfortunately the photograph was taken on our private property. There was no possible way the photograph could have been taken from the road, sea or neighbouring private property. There also was no doubt that it was our prpoperty.

It was interesting to hear the excuses when the award winning photo was published in the local paper. Fact is the photographer was trespassing and making money from the trespass.

This is an excellent topic. I do have one question though. If you conduct your business on the internet and you do so in another country, are you considered to be working in that country and do you need a work permit?

As long as you're not being paid to be in Canada, you are not 'working' in Canada.

GordonThree wrote:

What if I visit and photograph as a tourist, but later years down the road, license the work as part of a catalog or traveling exhibit, from which royalties are received... I guess the paperwork involved depends on how much money the government thinks it is missing out on?

The chances of that actually happening are approximately equivalent to your chances of having a meteor drop on your head while waiting in line to buy tickets to a Superbowl smackdown involving your home State's purported "NFL" team.
;)