Canada's
New Work Permit System
By Sandra Lim
Canada’s new Immigration and Refugee Protection Act took effect on June 28, 2002. The regulations accompanying the act contain the basic rules for acquiring and maintaining work permits.
Under these regulations, every person who is not a permanent resident (landed
immigrant) or Canadian citizen is a foreign national. A foreign national
who wants to work temporarily in Canada must apply for a work permit—with
a few exceptions (outlined at the end of this article), it is illegal to
work without one.
Foreign nationals are allowed to work temporarily in Canada if they have skills that are in demand in the Canadian labor market, but Canadian employers must first try to recruit Canadian citizens and permanent residents to fill available jobs. If no Canadian citizens or permanent residents have the necessary skills for a particular job, the employer may hire a foreign national.
A foreign national cannot immigrate with a work permit. If a foreign national wants to come and live and work permanently in Canada, he or she must apply for permanent residence through the Skilled Worker Program.
Changes Affecting Work Permit Applications
The events of September 11, 2001, have resulted in tighter rules surrounding
work permit applications.
A foreign national who has worked in Canada illegally may not obtain a work permit for up to one year. In addition, a special provision has been created stating that a foreign national who makes a material misrepresentation or who withholds information on a relevant matter will be barred from entering Canada for two years. An example of a material misrepresentation is indicating to Citizenship and Immigration Canada that you intend only to visit Canada, when your true intention is to enter the workforce. A new offense has been added: a Canadian employer who offers such an individual a job and prepares documentation for his or her work permit application will now be liable for a fine of up to $100,000 or five years in prison, or both.
It will now likely be much more difficult for foreign nationals to obtain a Canadian work permit, as Canadian employers must be extra vigilant. Employers may have to go as far as determining whether or not a foreign national has a criminal record, which would make the individual ineligible for a Canadian work permit.
Another change affects foreign nationals who have allowed their Canadian work permits to expire. They will now have only 30 days to make a request to reinstate their work permits. Once this window of opportunity has passed, they will be required to leave Canada and apply for new work permits from outside the country. Pending the issuance of a new work permit, the foreign national cannot work in Canada. The regulations do not provide for any exceptions to this 30-day rule.
The Application Process
These are the steps required before you may apply for a work permit:
• An employer must first formally offer you a job with a written
letter or employment contract.
• Normally, Human Resources Development Canada (HRDC) must provide
a positive or neutral labor market opinion or confirmation of your job
offer. In Quebec, the decision to confirm a job offer is made jointly
by HRDC and the Ministère des Relations avec les Citoyens et de l'Immigration
(MRCI).
• After HRDC confirms that a foreign national may fill the job, you
may apply to Citizenship and Immigration Canada (CIC) for your work permit.
Additional procedures apply for those who intend to work in Quebec.
HRDC's role is to advise CIC on the impact a foreign national’s entry
will have on the Canadian labor market. To assess and process your work
permit application, CIC and HRDC will consider many factors, including:
• whether the employer has tried to recruit Canadian citizens and
permanent residents to fill the job
• whether the hiring of a foreign national will help create opportunities
or benefits for Canadian job seekers, and not adversely affect employment
or career opportunities for Canadian citizens and permanent residents
• whether working conditions and wages offered are in accordance
with what a Canadian worker would expect
The employer will inform you, upon receiving confirmation from HRDC, that
you should apply for your work permit. Spouses and dependents who accompany
a foreign national to Canada will need their own permits if they want
to work. In many cases, they may apply for work permits without obtaining
HRDC job confirmation. Under the new regulations, the definition of spouse
has been expanded to include unmarried common law partners, including
same-sex partners.
You must follow the conditions on your work permit or you could be asked
to leave Canada. The work permit is valid only for a specified job, employer,
and time period. You may not undertake full-time studies and you may not
change jobs unless authorized by CIC. You must apply to change your permit
if your job changes, your work will take longer than planned, or you need
to change jobs or employers.
When a Work Permit is Not Required
Foreign nationals falling into the following categories may work in Canada
without work permits, but certain
conditions do apply.
• Business
visitors
• Foreign representatives
• Family members of foreign representatives
• Military personnel
• Foreign government officers
• On-campus employees (this applies to foreign students in Canada
on a study permit)
• Performing artists
• Athletes and coaches
• News reporters
• Public speakers
• Convention organizers
• Clergy
• Judges and referees
• Examiners and evaluators
• Expert witnesses or investigators
• Healthcare students
• Civil aviation inspectors
• Accident or incident inspectors
• Crew members
• Emergency service providers
To be eligible to work without a permit, a business visitor must work
for and be paid by a company located outside of Canada and be entering
Canada for a business-related purpose. According to Ernst & Young LLP’s
2002 publication Doing Business in Canada, in all cases, a business
visitor is strictly limited regarding what he or she may do in Canada
and, in almost all cases, is restricted to activities involving consultation
or supervision with Canadian colleagues or clients. Examples of qualifying
business visitors:
• A representative of a business conducting activities outside Canada
who seeks to purchase Canadian goods or services for that business
• A sales representative of a business conducting activities outside
Canada who will be in Canada for fewer than 90 days to sell goods for
the business and who does not sell to the general public
• A permanent employee of a corporation, union, or other organization
conducting business outside Canada who will be in Canada for fewer than
90 days to consult with other employees or members of that entity, or
who is inspecting a Canadian branch office or headquarters on the organization’s
behalf
Business visitors may not engage in hands-on work, directly interact with
the general public, or receive pay from Canadian sources. Business visitors
cannot directly enter the Canadian labor market.
Business visitors under the North American Free Trade Agreement (NAFTA),
the Canada-Chile Free Trade Agreement, and the General Agreement on Trade
in Services (GATS) also do not need a work permit.
Expedited Processing of Work Permits
Other job categories require work permits but are exempt from the HRDC confirmation
requirement, expediting the process of obtaining a work permit. For more
information on these, visit the following websites:
• Common HRDC Confirmation-Exemption Categories of Work
• Facilitated Processing for Information Technology Workers
• Tool and Die Machinists in Ontario
Research is Key
The majority of foreign nationals who want to work temporarily in Canada
must undergo a job-offer confirmation process in order to apply for a work
permit.
However, there are some job categories that do not require work permits, and some job categories and programs for skilled workers that allow exemption from HRDC job-offer confirmation. If you are considering temporarily working in Canada, prior research may simplify your work permit application.
The regulations are available on the CIC
website.
About Sandra Lim
Sandra Lim is a Certified Professional Résumé Writer (CPRW) and
the first Canadian to earn the Credentialed Career Master (CCM) designation,
and a Certified Electronic Career Coach (CECC). Through her company, A Better
Impression, she provides clients with résumé and career counseling
services to help them create a better impression.
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