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

Marginal note:International agreements or arrangements

204 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.

Marginal note:Canadian interests

205 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.

Marginal note:No other means of support

• 206 (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.

Marginal note:Applicants in Canada

207 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).

Marginal note:Vulnerable workers

• 207.1 (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

208 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.

Marginal note:Invalidity

209 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

209.1 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.

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

• 209.11 (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; and

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

• (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)

• 209.2 (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 and provincial laws that regulate employment, and the recruiting of employees, in the province in which the foreign national works,

    • (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, and

    • (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

  • (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 paragraph (1)(a) is justified if it results from any of the circumstances set out in subsection 203(1.1).

• 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.