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Freelancing in software development in Canada (PR)

ITmanEU

Full Member
Feb 21, 2020
49
1
Hello All,

I am PR in Canada since 2019 and have foreign degrees and experience as mechanical engineer. I have experience abroad as software developer too.
I would like to start a software company to develop and sell software solutions and services.
Ideally, the company will be incorporated. But before to incorporate, I would consider work for some time as freelance in freelancing platform (e.g. upwork, etc.).

Because I come from the mechanical engineering industry, I know for fact that it is forbidden to practice as a consulting engineer as self-employed/freelance in any mechanical engineering field without a professional license (P.E.) (delivered by the relevant provincial professional engineering association). Same for work as technologist or technician a journeyman or trade certificate would be required to do any mechanical field work, etc.

Therefore my questions are as follows:

1/- Am I allowed to freelance as software developer in freelancing platforms (as resident of Canada and serving clients both in Canada and outside)?
In other words, will I need to obtain a professional (engineering) license related to software engineering as I suppose or authorization of some sort from the professional engineering association or a relevant regulatory body, at first before I am legally authorized to freelance and work?
I am in Montreal, QC but I suppose my question applies to Canada all provinces included.

2/- If I incorporate later on, same question as above applies in regard to any obligation to register via a regulatory body, on top I would like to know if I do need to obtain certain authorization/permit or any clearance in order to sell or resell software solutions / products (that I would develop myself or resell) and services?
What are the regulations saying on this subject matter? i

Please not that I am NOT interested to work underground or below the radar nor to take unconsidered risks.
Could you please share your experience?

I am husband and father and have a family to feed. So I would appreciate any help in this regard.
Thank you in advance.
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,521
1. Yes no license required

2. That is more complicated but software developers don’t need to be registered. Will let others elaborate.
 

ITmanEU

Full Member
Feb 21, 2020
49
1
Thank you for the response. So I can start straight away freelancing as software developer. Can people share their experience in this regard (tax returns, business account, etc.)? In regard to incorporation, can people share their experience too ? Thanks
 

ITmanEU

Full Member
Feb 21, 2020
49
1
I have an additional question in the context of the original post. If I am to develop a software that contains mechanical engineering know how, formulas and also that delivers engineering outputs / parameters then sell the software license to users, would an engineering practice permit be required?

I want to outline that I would only bill clients on the basis of software development and software services scope. No mechanical engineering consulting would be part of the scope of services.
 

trk1

Hero Member
Jul 15, 2014
561
95
I have an additional question in the context of the original post. If I am to develop a software that contains mechanical engineering know how, formulas and also that delivers engineering outputs / parameters then sell the software license to users, would an engineering practice permit be required?

I want to outline that I would only bill clients on the basis of software development and software services scope. No mechanical engineering consulting would be part of the scope of services.
If the intention is to provide "software consulting services" or "contract software development services" with no IP claims, there is no much restrictions.

But when it comes to developing "software products" there are a host of things that you need to keep in mind, probably will require some more detailed understanding of what you intend to do.

I am no legal expert..but have some 20 years plus experience in the IT industry..please take my inputs as another opinion only!