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Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2022-11-16 and last amended on 2022-11-16. Previous Versions

PART 11Workers (continued)

DIVISION 3Issuance of Work Permits (continued)

Marginal note:International agreements or arrangements

 A work permit may be issued under section 200 to a foreign national who intends to perform work under

  • (a) an agreement or arrangement between Canada and the government of a foreign state or an international organization, other than an agreement or arrangement concerning seasonal agricultural workers;

  • (b) an agreement entered into by one or more countries and by or on behalf of one or more provinces; or

  • (c) an agreement entered into by the Minister with a province or group of provinces under subsection 8(1) of the Act.

  • SOR/2018-26, s. 2

Marginal note:Canadian interests

 A work permit may be issued under section 200 to a foreign national who intends to perform work that

  • (a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents;

  • (b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;

  • (c) is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria, namely,

    • (i) the work is related to a research program,

    • (i.1) the work is an essential part of a post-secondary academic, vocational or professional training program offered by a designated learning institution as defined in section 211.1,

    • (i.2) the work is an essential part of a program at the secondary level

      • (A) that is a vocational training program offered by a designated learning institution in Quebec, or

      • (B) that is a program offered by a designated learning institution that requires students to work in order to obtain their secondary or high school diploma or certificate of graduation, or

    • (ii) limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada’s academic institutions or economy; or

  • (d) is of a religious or charitable nature.

  • SOR/2014-14, s. 7

Marginal note:No other means of support

  •  (1) A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national

    • (a) has made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been determined; or

    • (b) is subject to an unenforceable removal order.

  • Marginal note:Exception

    (2) Despite subsection (1), a work permit must not be issued to a claimant referred to in subsection 111.1(2) of the Act unless at least 180 days have elapsed since their claim was referred to the Refugee Protection Division.

  • SOR/2012-252, s. 2
  • SOR/2014-139, s. 6(F)

Marginal note:Applicants in Canada

 A work permit may be issued under section 200 to a foreign national in Canada who

  • (a) [Repealed, SOR/2017-78, s. 9]

  • (b) is a member of the spouse or common-law partner in Canada class set out in Division 2 of Part 7;

  • (c) is a protected person within the meaning of subsection 95(2) of the Act;

  • (d) has applied to become a permanent resident and the Minister has granted them an exemption under subsection 25(1), 25.1(1) or 25.2(1) of the Act; or

  • (e) is a family member of a person described in any of paragraphs (a) to (d).

  • SOR/2010-252, s. 3
  • SOR/2017-78, s. 9

Marginal note:Vulnerable workers

  •  (1) A work permit may be issued under section 200 to a foreign national in Canada if there are reasonable grounds to believe that the foreign national is experiencing or is at risk of experiencing abuse in the context of their employment in Canada and if they

    • (a) hold a work permit issued under subparagraph 200(1)(c)(ii.1) or (iii); or

    • (b) previously held a work permit issued under subparagraph 200(1)(c)(ii.1) or (iii), have applied for a renewal of that permit under subsection 201(1) and are authorized to work in Canada under paragraph 186(u).

  • Marginal note:Family member of vulnerable worker

    (2) A work permit may be issued under section 200 to a foreign national in Canada who is a family member of a person described in paragraph (1)(a) or (b).

Marginal note:Humanitarian reasons

 A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national

  • (a) holds a study permit and has become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for the financial support to complete their term of study; or

  • (b) holds a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months.

  • SOR/2004-167, s. 58

Marginal note:Invalidity

 A work permit becomes invalid when it expires or when a removal order that is made against the permit holder becomes enforceable.

DIVISION 4Conditions Imposed on Employers

Definition of document

 For the purposes of this Division, document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked.

  • SOR/2013-245, s. 7

Marginal note:Foreign national — subparagraph 200(1)(c)(ii.1)

  •  (1) An employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(ii.1) must, before the foreign national makes an application for a work permit in respect of that employment, provide the following information to the Minister using the electronic means that is made available or specified by the Minister for that purpose:

    • (a) their name, address and telephone number and their fax number and electronic mail address, if any;

    • (b) the business number assigned to the employer by the Minister of National Revenue, if applicable;

    • (c) information that demonstrates that the foreign national will be performing work described in section 204 or 205 or is a foreign national described in section 207;

    • (d) a copy of the offer of employment made in the form made available by the Department; and

    • (e) an attestation that

      • (i) the employer has entered into an employment agreement with the foreign national that

        • (A) provides for employment in the same occupation and the same wages and working conditions as those set out in the offer of employment,

        • (B) is drafted in the foreign national’s chosen official language of Canada, and

        • (C) is signed by both the employer and the foreign national,

      • (ii) the employer has provided a copy of the employment agreement referred to in subparagraph (i) to the foreign national,

      • (iii) the employer has not, directly or indirectly, charged or recovered from the foreign national the fee referred to in subsection 303.1(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1), and

      • (iv) the employer has ensured that any person who recruited the foreign national for the employer did not, directly or indirectly, charge or recover from the foreign national the fee referred to in subsection 303.1(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1).

  • (2) [Repealed, SOR/2019-174, s. 9]

  • (3) [Repealed, SOR/2019-174, s. 9]

Marginal note:Foreign national referred to in subparagraph 200(1)(c)(ii.1)

  •  (1) An employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(ii.1) must comply with the following conditions:

    • (a) during the period of employment for which the work permit is issued to the foreign national,

      • (i) the employer must be actively engaged in the business in respect of which the offer of employment was made, unless the offer was made for employment as a live-in caregiver,

      • (ii) the employer must comply with the federal or provincial laws that regulate the employment or recruitment of employees, including foreign nationals, in the province in which the foreign national works,

      • (ii.1) the employer must make available to the foreign national, in both official languages of Canada, the information referred to in paragraph (a.1),

      • (iii) subject to subparagraph (vii), the employer must provide the foreign national with employment in the same occupation as that set out in the foreign national’s offer of employment and with wages and working conditions that are substantially the same as — but not less favourable than — those set out in that offer,

      • (iv) the employer must make reasonable efforts to provide a workplace that is free of abuse;

      • (v) the employer, in the case of an employer who employs a foreign national who is subject to an order or regulation made under the Emergencies Act or the Quarantine Act, must not do anything that prevents the foreign national from complying with the requirements of the order or regulation, including requiring the foreign national to do anything that is contrary to those requirements,

      • (vi) the employer, in the case of an employer who employs a foreign national who is subject to a provincial law that governs public health in response to COVID-19, must not do anything that prevents the foreign national from complying with the requirements of the law, including requiring the foreign national to do anything that is contrary to the law,

      • (vii) the employer, in the case of an employer who employs a foreign national who, in accordance with an order made under section 58 of the Quarantine Act, is required to isolate or quarantine themselves for a period on entry into Canada, must provide the foreign national with wages during that period that are substantially the same as those set out in the offer of employment; and

      • (viii) the employer must make reasonable efforts to provide access to health care services when the foreign national is injured or becomes ill at the workplace,

      • (ix) the employer must not, directly or indirectly, charge or recover from the foreign national the fee referred to in subsection 303.1(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1), and

      • (x) the employer must ensure that any person who recruited the foreign national for the employer does not, directly or indirectly, charge or recover from the foreign national the fee referred to in subsection 303.1(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1); and

    • (a.1) on or before the foreign national’s first day of work that is during the period of employment for which the work permit is issued to the foreign national, the employer must provide the foreign national with a copy in their chosen official language of Canada of the most recent information with respect to the foreign national’s rights in Canada that is made available by the Government of Canada for that purpose; and

    • (b) during a period of six years beginning on the first day of the period of employment for which the work permit is issued to the foreign national, the employer must

      • (i) be able to demonstrate that any information they provided under subparagraph 200(1)(c)(ii.1) or section 209.11 was accurate, and

      • (ii) retain any document that relates to compliance with the conditions set out in paragraph (a).

  • Marginal note:Period of employment

    (2) For the purposes of subsection (1), the period of employment for which the work permit is issued includes any period during which

    • (a) the foreign national may, under paragraph 186(u), work in Canada without a permit after the expiry of their work permit; and

    • (b) the foreign national is required to isolate or quarantine themselves on entry into Canada in accordance with an order made under the Quarantine Act.

  • Marginal note:Justification

    (3) A failure to comply with any of the conditions set out in subparagraphs (1)(a)(i) to (viii) and paragraph (1)(a.1) is justified if it results from

    • (a) a change in federal or provincial law;

    • (b) a change to the provisions of a collective agreement;

    • (c) the implementation of measures by the employer in response to a dramatic change in economic conditions that directly affected the business of the employer, provided that the measures were not directed disproportionately at foreign nationals employed by the employer;

    • (d) an error in interpretation made in good faith by the employer with respect to its obligations to a foreign national, if the employer subsequently provided compensation — or if it was not possible to provide compensation, made sufficient efforts to do so — to all foreign nationals who suffered a disadvantage as a result of the error;

    • (e) an accounting or administrative error made by the employer, if the employer subsequently provided compensation — or if it was not possible to provide compensation, made sufficient efforts to do so — to all foreign nationals who suffered a disadvantage as a result of the error;

    • (f) circumstances similar to those set out in paragraphs (a) to (e);

    • (g) superior force; or

    • (h) an error in interpretation made in good faith by the employer with respect to its compliance with the conditions set out in any of subparagraphs (1)(a)(v) and (vi).

  • Marginal note:Justification

    (3.1) A failure to comply with any of the conditions set out in subparagraphs (1)(a)(ix) and (x) is justified if the employer

    • a) made all reasonable efforts to comply with the conditions; and

    • b) subsequently provided full compensation to the foreign national for the fees incorrectly charged or recovered.

  • Marginal note:Justification

    (4) A failure to comply with either of the conditions set out in paragraph (1)(b) is justified if the employer made all reasonable efforts to comply with the condition.

Marginal note:Foreign national referred to in subparagraph 200(1)(c)(iii)

  •  (1) An employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(iii) must comply with the following conditions:

    • (a) during the period of employment for which the work permit is issued to the foreign national,

      • (i) the employer must be actively engaged in the business in respect of which the offer of employment was made, unless the offer was made for employment as a live-in caregiver,

      • (ii) the employer must comply with the federal or provincial laws that regulate the employment or recruitment of employees, including foreign nationals, in the province in which the foreign national works,

      • (ii.1) the employer must make available to the foreign national, in both official languages of Canada, the information referred to in paragraph (a.1),

      • (iii) the employer, in the case of an employer who employs a foreign national as a live-in caregiver, must

        • (A) ensure that the foreign national resides in a private household in Canada and provides child care, senior home support care or care of a disabled person in that household without supervision,

        • (B) provide the foreign national with adequate furnished and private accommodations in the household, and

        • (C) have sufficient financial resources to pay the foreign national the wages that were offered to the foreign national,

      • (iv) subject to subparagraph (xii), the employer must provide the foreign national with employment in the same occupation as that set out in the foreign national’s offer of employment and with wages and working conditions that are substantially the same as — but not less favourable than — those set out in that offer,

      • (v) the employer must make reasonable efforts to provide a workplace that is free of abuse,

      • (vi) the employer, in the case of an employer who employs a foreign national to perform work under an international agreement between Canada and one or more countries concerning seasonal agricultural workers, must provide the foreign national with adequate accommodations,

      • (vii) the employer, in the case of an employer who employs a foreign national who is subject to an order or regulation made under the Emergencies Act or the Quarantine Act, must not do anything that prevents the foreign national from complying with the requirements of the order or regulation, including requiring the foreign national to do anything that is contrary to those requirements,

      • (viii) the employer, in the case of an employer who employs a foreign national who is subject to a provincial law that governs public health in response to COVID-19, must not do anything that prevents the foreign national from complying with the requirements of the law, including requiring the foreign national to do anything that is contrary to the law,

      • (ix) the employer, in the case of an employer who provides accommodations to a foreign national, must — during any period that the foreign national is required to quarantine themselves in accordance with an order or regulation made under the Emergencies Act or the Quarantine Act — provide the foreign national with accommodations that are separate from those provided to persons who are not in quarantine and that permit the foreign worker to remain at least two metres away from any other person,

      • (x) the employer, in the case of an employer who provides accommodations to a foreign national who is subject to an order or regulation made under the Emergencies Act or the Quarantine Act, must provide the foreign national with cleaning products for the purposes of cleaning and disinfecting the accommodations regularly,

      • (xi) the employer, in the case of an employer who provides accommodations to a foreign national who becomes infected with or develops any signs or symptoms of COVID-19, must provide the foreign national with accommodations that have a bedroom and a bathroom that are solely for the use of the foreign national while they isolate themselves,

      • (xii) the employer, in the case of an employer who employs a foreign national who, in accordance with an order made under section 58 of the Quarantine Act, is required to isolate or quarantine themselves for a period on entry into Canada, must provide the foreign national with wages during that period that are substantially the same as those set out in the offer of employment,

      • (xiii) the employer, except in the case of an employer who employs a foreign national to perform work under an international agreement between Canada and one or more countries concerning seasonal agricultural workers and the agreement includes health insurance, must obtain and pay for private health insurance that covers emergency medical care, for any period during which the foreign national is not covered by the applicable provincial health insurance system,

      • (xiv) the employer must make reasonable efforts to provide access to health care services when the foreign national is injured or becomes ill at the workplace,

      • (xv) the employer must not, directly or indirectly, charge or recover from the foreign national the fees referred to in subparagraph (xiii) or subsection 315.2(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1) and fees related to the recruitment of the foreign national that are authorized to be charged or recovered under an international agreement between Canada and one or more countries concerning seasonal agricultural workers, and

      • (xvi) the employer must ensure that any person who recruited the foreign national for the employer does not, directly or indirectly, charge or recover from the foreign national the fees referred to in subparagraph (xiii), subsection 315.2(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1) and fees related to the recruitment of the foreign national that are authorized to be charged or recovered under an international agreement between Canada and one or more countries concerning seasonal agricultural workers;

    • (a.1) on or before the foreign national’s first day of work that is during the period of employment for which the work permit is issued to the foreign national, the employer must provide the foreign national with a copy in their chosen official language of Canada of the most recent information with respect to the foreign national’s rights in Canada that is made available by the Government of Canada for that purpose; and

    • (b) during the period of employment for which the work permit is issued to the foreign national or any other period that was agreed on by the employer and the Department of Employment and Social Development at the time the assessment referred to in subsection 203(2) was provided,

      • (i) the employer must ensure that the employment of the foreign national will result in direct job creation or job retention for Canadian citizens or permanent residents, if that was one of the factors that led to the issuance of the work permit,

      • (ii) the employer must ensure that the employment of the foreign national will result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents, if that was one of the factors that led to the issuance of the work permit,

      • (iii) the employer must hire or train Canadian citizens or permanent residents, if that was one of the factors that led to the issuance of the work permit, and

      • (iv) the employer must make reasonable efforts to hire or train Canadian citizens or permanent residents, if that was one of the factors that led to the issuance of the work permit; and

    • (c) during a period of six years beginning on the first day of the period of employment for which the work permit is issued to the foreign national, the employer must

      • (i) be able to demonstrate that any information they provided under subsections 203(1) and (2.1) was accurate, and

      • (ii) retain any document that relates to compliance with the conditions set out in paragraphs (a) and (b).

  • Marginal note:Period of employment

    (2) For the purposes of subsection (1), the period of employment for which the work permit is issued includes any period during which

    • (a) the foreign national may, under paragraph 186(u), work in Canada without a permit after the expiry of their work permit; and

    • (b) the foreign national is required to isolate or quarantine themselves on entry into Canada in accordance with an order made under the Quarantine Act.

  • Marginal note:Justification

    (3) A failure to comply with any of the conditions set out in subparagraphs (1)(a)(i) to (xiv) and paragraphs (1)(a.1) and (b) is justified if it results from a:

    • (a) a change in federal or provincial law;

    • (b) a change to the provisions of a collective agreement;

    • (c) the implementation of measures by the employer in response to a dramatic change in economic conditions that directly affected the business of the employer, provided that the measures were not directed disproportionately at foreign nationals employed by the employer;

    • (d) an error in interpretation made in good faith by the employer with respect to its obligations to a foreign national, if the employer subsequently provided compensation — or if it was not possible to provide compensation, made sufficient efforts to do so — to all foreign nationals who suffered a disadvantage as a result of the error;

    • (e) an accounting or administrative error made by the employer, if the employer subsequently provided compensation — or if it was not possible to provide compensation, made sufficient efforts to do so — to all foreign nationals who suffered a disadvantage as a result of the error;

    • (f) circumstances similar to those set out in paragraphs (a) to (e);

    • (g) superior force; or

    • (h) an error in interpretation made in good faith by the employer with respect to its compliance with the conditions set out in any of subparagraphs (1)(a)(vii) to (xi).

  • Marginal note:Justification

    (4) A failure to comply with either of the conditions set out in paragraph (1)(c) is justified if the employer made all reasonable efforts to comply with the condition.

  • Marginal note:Justification

    (5) A failure to comply with any of the conditions set out in subparagraphs (1)(a)(xv) and (xvi) is justified if the employer

    • (a) made all reasonable efforts to comply with the condition; and

    • (b) subsequently provided full compensation to the foreign national for the fees that were incorrectly charged or recovered.

 
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