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

PART 10Visitors

Marginal note:Class

191 The visitor class is prescribed as a class of persons who may become temporary residents.

Marginal note:Visitor

192 A foreign national is a visitor and a member of the visitor class if the foreign national has been authorized to enter and remain in Canada as a visitor.

Marginal note:Conditions

193 A visitor is subject to the conditions imposed under Part 9.

PART 10.1[Repealed, SOR/2014-185, s. 2]

193.1 [Repealed, SOR/2014-185, s. 2]

193.2 [Repealed, SOR/2014-185, s. 2]

193.3 [Repealed, SOR/2014-185, s. 2]

193.4 [Repealed, SOR/2014-185, s. 2]

193.5 [Repealed, SOR/2008-309, s. 2]

PART 11Workers

DIVISION 1General Rules

Marginal note:Class

194 The worker class is prescribed as a class of persons who may become temporary residents.

Marginal note:Worker

195 A foreign national is a worker and a member of the worker class if the foreign national has been authorized to enter and remain in Canada as a worker.

Marginal note:Work permit required

196 A foreign national must not work in Canada unless authorized to do so by a work permit or these Regulations.

Marginal note:Restrictions

196.1 A foreign national must not enter into an employment agreement, or extend the term of an employment agreement, with an employer

• (a) who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages; or

• (b) referred to in subparagraph 200(3)(h)(ii) or (iii).

Marginal note:Abuse

• 196.2 (1) For the purpose of this Part abuse consists of any of the following:

  • (a) physical abuse, including assault and forcible confinement;

  • (b) sexual abuse, including sexual contact without consent;

  • (c) psychological abuse, including threats and intimidation;

  • (d) financial abuse, including fraud and extortion; and

  • (e) reprisals.

• Marginal note:Reprisal

  (2) For the purpose of subsection (1) reprisal consists of any measure, including the following, that is taken by or on behalf of an employer against a foreign national referred to in subparagraph 200(1)(c)(ii.1) or (iii) – and that adversely affects the foreign national’s employment or working conditions – because the foreign national has reported that the conditions set out in section 209.2 or 209.3 have not been complied with or has in good faith cooperated with an inspection conducted under section 209.7, 209.8 or 209.9:

  • (a) a disciplinary measure;

  • (b) a demotion;

  • (c) a dismissal; or

  • (d) any threat to take any of the measures mentioned above.

DIVISION 2Application for Work Permit

Marginal note:Application before entry

197 A foreign national may apply for a work permit at any time before entering Canada.

Marginal note:Application on entry

• 198 (1) Subject to subsection (2), a foreign national may apply for a work permit when entering Canada if the foreign national is exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa.

• Marginal note:Exceptions

  (2) A foreign national may not apply for a work permit when entering Canada if

  • (a) a determination under section 203 is required, unless

    • (i) the Department of Employment and Social Development has provided an assessment under paragraph 203(2)(a) in respect of an offer of employment — other than seasonal agricultural employment — to the foreign national, or

    • (ii) the foreign national is a national or permanent resident of the United States or is a resident of Greenland or St. Pierre and Miquelon;

  • (b) the foreign national does not hold a medical certificate that they are required to hold under subsection 30(3); or

  • (c) the foreign national is a participant in an international youth exchange program, unless they are a national or permanent resident of the United States or their application for a work permit was approved before their entry into Canada.

Marginal note:Application after entry

199 A foreign national may apply for a work permit after entering Canada if they

• (a) hold a work permit;

• (b) are working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187;

• (c) hold a study permit;

• (d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;

• (e) are a family member of a person described in any of paragraphs (a) to (d);

• (f) are in a situation described in section 206 or 207;

• (g) applied for a work permit before entering Canada and the application was approved in writing but they have not been issued the permit;

• (h) are applying as a trader or investor, intra-company transferee or professional, as described in Section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2(1) of the North American Free Trade Agreement Implementation Act, and their country of citizenship — being a country party to that Agreement — grants to Canadian citizens who submit a similar application within that country treatment equivalent to that accorded by Canada to citizens of that country who submit an application within Canada, including treatment in respect of an authorization for multiple entries based on a single application; or

• (i) hold a written statement from the Department of Foreign Affairs and International Trade stating that it has no objection to the foreign national working at a foreign mission in Canada.

DIVISION 3Issuance of Work Permits

Marginal note:Work permits

• 200 (1) Subject to subsections (2) and (3) — and, in respect of a foreign national who makes an application for a work permit before entering Canada, subject to section 87.3 of the Act — an officer shall issue a work permit to a foreign national if, following an examination, it is established that

  • (a) the foreign national applied for it in accordance with Division 2;

  • (b) the foreign national will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;

  • (c) the foreign national

    • (i) is described in section 206 or 208,

    • (ii) intends to perform work described in section 204 or 205 but does not have an offer of employment to perform that work or is described in section 207 or 207.1 but does not have an offer of employment,

    • (ii.1) intends to perform work described in section 204 or 205 and has an offer of employment to perform that work or is described in section 207 and has an offer of employment, and an officer has determined, on the basis of any information provided on the officer’s request by the employer making the offer and any other relevant information, that the offer is genuine under subsection (5), or

    • (iii) has been offered employment, and an officer has made a positive determination under paragraphs 203(1)(a) to (g); and

  • (d) [Repealed, SOR/2004-167, s. 56]

  • (e) the requirements of subsections 30(2) and (3) are met, if they must submit to a medical examination under paragraph 16(2)(b) of the Act.

• Marginal note:Non-application of par. (1)(b)

  (2) Paragraph (1)(b) does not apply to a foreign national who satisfies the criteria set out in section 206 or paragraph 207(c) or (d).

• Marginal note:Exceptions

  (3) An officer shall not issue a work permit to a foreign national if

  • (a) there are reasonable grounds to believe that the foreign national is unable to perform the work sought;

  • (b) in the case of a foreign national who intends to work in the Province of Quebec and does not hold a Certificat d’acceptation du Québec, a determination under section 203 is required and the laws of that Province require that the foreign national hold a Certificat d’acceptation du Québec;

  • (c) the work that the foreign national intends to perform is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute;

  • (d) [Repealed, SOR/2017-78, s. 8]

  • (e) the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization unless

    • (i) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition,

    • (ii) the study or work was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c);

    • (iii) section 206 applies to them; or

    • (iv) the foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act;

  • (f) in the case of a foreign national referred to in subparagraphs (1)(c)(i) to (iii), the issuance of a work permit would be inconsistent with the terms of a federal-provincial agreement that apply to the employment of foreign nationals;

  • (f.1) in the case of a foreign national referred to in subparagraph (1)(c)(ii.1), the fee referred to in section 303.1 has not been paid or the information referred to in section 209.11 has not been provided before the foreign national makes an application for a work permit;

  • (g) [Repealed, SOR/2018-61, s. 1]

  • (g.1) the foreign national intends to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages; or

  • (h) the foreign national intends to work for an employer who is

    • (i) [Repealed, SOR/2022-142, s. 6]

    • (ii) ineligible under paragraph 209.95(1)(b), or

    • (iii) in default of any amount payable in respect of an administrative monetary penalty, including if the employer fails to comply with a payment agreement for the payment of that amount.

• Marginal note:Non-application of paragraph (3)(e)

  (3.1) Paragraph (3)(e) does not apply to a foreign national referred to in subsection 207.1(1) who engaged in unauthorized work in Canada or failed to comply with a condition of a previous permit or authorization.

• (4) [Repealed, SOR/2018-61, s. 1]

• Marginal note:Genuineness of job offer

  (5) A determination of whether an offer of employment is genuine shall be based on the following factors:

  • (a) whether the offer is made by an employer that is actively engaged in the business in respect of which the offer is made, unless the offer is made for employment as a live-in caregiver;

  • (b) whether the offer is consistent with the reasonable employment needs of the employer;

  • (c) whether the terms of the offer are terms that the employer is reasonably able to fulfil; and

  • (d) the past compliance of the employer, or any person who recruits the foreign national for the employer, with the federal or provincial laws that regulate the employment or recruitment of employees, including foreign nationals, in the province in which it is intended that the foreign national will work.

Marginal note:Application for renewal

• 201 (1) A foreign national may apply for the renewal of their work permit if

  • (a) the application is made before their work permit expires; and

  • (b) they have complied with all conditions imposed on their entry into Canada.

• Marginal note:Renewal

  (2) An officer shall renew the foreign national’s work permit if, following an examination, it is established that the foreign national continues to meet the requirements of section 200.

Marginal note:Temporary resident status

202 A foreign national who is issued a work permit under section 206 or paragraph 207(c) or (d) does not, by reason only of being issued a work permit, become a temporary resident.

Marginal note:Assessment of employment offered

• 203 (1) On application under Division 2 for a work permit made by a foreign national other than a foreign national referred to in subparagraphs 200(1)(c)(i) to (ii.1), an officer must determine, on the basis of an assessment provided by the Department of Employment and Social Development, of any information provided on the officer’s request by the employer making the offer and of any other relevant information, if

  • (a) the job offer is genuine under subsection 200(5);

  • (b) the employment of the foreign national is likely to have a neutral or positive effect on the labour market in Canada;

  • (c) the issuance of a work permit would not be inconsistent with the terms of any federal-provincial agreement that apply to the employers of foreign nationals;

  • (d) in the case of a foreign national who seeks to enter Canada as a live-in caregiver,

    • (i) the foreign national will reside in a private household in Canada and provide child care, senior home support care or care of a disabled person in that household without supervision,

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

    • (iii) the employer has sufficient financial resources to pay the foreign national the wages that are offered to the foreign national;

  • (e) the employer

    • (i) has not, directly or indirectly, charged or recovered from the foreign national the fees referred to in 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,

    • (ii) ensured that any person who recruits the foreign national for the employer did not, directly or indirectly, charge or recover from the foreign national the fees referred to in 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;

  • (f) in the case where the employer has not employed a foreign national referred to in subparagraph 200(1)(c)(iii) during the six years before the day on which the request for an assessment made under subsection (2) is received by the Department of Employment and Social Development, during the period beginning two years before the day on which the request for an assessment is received and ending on the day that an assessment is provided, when the employer was actively engaged in the business for which the employer has provided information under this subsection and subsection (2.1), the employer

    • (i) made reasonable efforts to provide a workplace that is free of abuse, and

    • (ii) was not an affiliate of an employer referred to in subparagraphs 200(3)(h)(ii) or (iii); and

  • (g) the employer committed

    • (i) to conclude with the foreign national, on or before the first day of work of the foreign national that is during the period of employment for which the work permit is issued to them, an employment agreement 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) to provide the foreign national, on or before the first day of work of the foreign national that is during the period of employment for which the work permit is issued to them, a copy of the employment agreement referred to in subparagraph (i),

    • (iii) to not, directly or indirectly, charge or recover from the foreign national the fees referred to in 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

    • (iv) to ensure that any person who recruits the foreign national for the employer does not, directly or indirectly, charge or recover from the foreign national the fees referred to in 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.

• Marginal note:Effect on labour market — language

  (1.01) For the purposes of paragraph (1)(b), the employment of a foreign national is unlikely to have a positive or neutral effect on the labour market in Canada if the offer of employment requires the ability to communicate in a language other than English or French, unless

  • (a) the employer or group of employers demonstrates that the ability to communicate in the other language is a bona fide requirement for performing the duties associated with the employment;

  • (b) the offer of employment relates to work to be performed under an international agreement between Canada and one or more countries concerning seasonal agricultural workers; or

  • (c) the offer of employment relates to other work to be performed in the primary agriculture sector, within the meaning of subsection 315.2(4).

• Marginal note:Effect on labour market

  (1.1) For the purposes of paragraph (1)(b), the employment of the foreign national is unlikely to have a positive or neutral effect on the labour market in Canada if

  • (a) the wages set out in the offer of employment are not consistent with the prevailing wage rate for the occupation; or

  • (b) the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.

• Marginal note:Assessment on request

  (2) Subject to subsection (2.02), the Department of Employment and Social Development must provide the assessment referred to in subsection (1) on the request of an officer or an employer or group of employers, none of whom is an employer who

  • (a) on a regular basis, offers striptease, erotic dance, escort services or erotic massages; or

  • (b) is referred to in subparagraph 200(3)(h)(ii) or (iii).

• Marginal note:Offer of employment

  (2.01) A request may be made in respect of

  • (a) an offer of employment to a foreign national; and

  • (b) offers of employment made, or anticipated to be made, by an employer or group of employers.

• Marginal note:Suspension of processing of requests

  (2.02) If any of the circumstances set out in section 209.5 exist, the processing of a request for an assessment under subsection (2) is suspended so long as the Department of Employment and Social Development has a reason to suspect that

  • (a) the employer who made the request is not complying with or has not complied with any of the conditions set out in subparagraph 209.3(1)(a)(i), 209.3(1)(a)(iv) with regard to the working conditions referred to in that subparagraph, 209.3(1)(a)(v) or 209.3(1)(a)(vii) to 209.3(1)(a)(xii); and

  • (b) the employer’s failure to comply with any of the conditions referred to in paragraph (a) would put at serious risk the health or safety of the foreign national, if the work permit was issued.

• Marginal note:Basis of Assessment

  (2.1) The assessment provided by the Department of Employment and Social Development on the matters set out in paragraphs (1)(a) to (g) must be based on any information provided by the employer making the offer and any other relevant information.

• Marginal note:Factors — effect on labour market

  (3) An assessment provided by the Department of Employment and Social Development with respect to the matters referred to in paragraph (1)(b) must, unless the employment of the foreign national is unlikely to have a positive or neutral effect on the labour market in Canada as a result of the application of subsection (1.01) or (1.1) be based on the following factors:

  • (a) whether the employment of the foreign national will or is likely to result in direct job creation or job retention for Canadian citizens or permanent residents;

  • (b) whether the employment of the foreign national will or is likely to result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;

  • (c) whether the employment of the foreign national is likely to fill a labour shortage;

  • (d) whether the working conditions offered to the foreign national meet generally accepted Canadian standards;

  • (e) whether the employer will hire or train Canadian citizens or permanent residents or has made, or has agreed to make, reasonable efforts to do so;

  • (f) [Repealed, SOR/2022-142, s. 7]

  • (g) whether the employer has fulfilled or has made reasonable efforts to fulfill any commitments made, in the context of any assessment that was previously provided under subsection (2), with respect to the matters referred to in paragraphs (a), (b) and (e).

• Marginal note:Period of validity of assessment

  (3.1) An assessment provided by the Department of Employment and Social Development shall indicate the period during which the assessment is in effect for the purposes of subsection (1).

• Marginal note:Province of Quebec

  (4) In the case of a foreign national who intends to work in the Province of Quebec, the assessment provided by the Department of Employment and Social Development shall be made in concert with the competent authority of that Province.

• Marginal note:Affiliate

  (5) For the purposes of this section, an affiliate includes

  • (a) an employer that is controlled by another employer;

  • (b) two employers that are under common control; or

  • (c) employers that are not operated at arm’s length.

• Marginal note:Control

  (6) For the purposes of subsection (5), control, whether direct or indirect, exercised or not, includes

  • (a) common ownership;

  • (b) common management;

  • (c) common interests;

  • (d) shared facilities or equipment; or

  • (e) common use of services of employees.