Last updated on September 20th, 2018
Canada’s Temporary Foreign Worker Program (the “TFWP“) allows employers to bring foreign workers to Canada to temporarily fill jobs for which qualified Canadians are not available. After the program became increasingly controversial in 2012-13, the Department of Employment and Social Development Canada (“ESDC“) on June 20, 2014 imposed a cap limiting the proportion of low-wage foreign workers that businesses can employ.
How the Cap Works
Employers with a company-wide business size of 10 or more employees are subject to the cap. The cap percentage is determined for each individual worksite location and is based on paid positions and total hours worked at that worksite.
Employers that are new to the TFWP or returning employers who did not have any foreign workers on staff on June 20, 2014 are capped at 10% low-wage foreign workers for each work location.
The cap, implemented on June 20, 2014, was phased in to provide employers time to transition to a Canadian workforce which means that they are limited to a:
- 20 percent cap on the number of foreign workers in low-wage positions, or the employer’s established estimated cap (whichever is lower), if the employer hired a TFW in a low-wage position prior to June 20, 2014; or
- 10 percent cap on the number of foreign workers in low-wage positions if the employers did not employ a TFW in a low-wage position prior to June 20, 2014.
Effectively, companies are limited to a 10% cap on the proportion of low-wage foreign workers that they can have. The low-wage is based on a province’s median wage, which as of writing is as follows:
Province/Territory
Wages prior to
May 3,
» Read more about: LMIA Cap on Low Wage Employees »
Read more ›IRCC Clarifies Non-Compliance in the International Mobility Program
It is imperative that employers hiring foreign workers in the International Mobility Program (“IMP“) understand the consequences of non-compliance. Immigration, Refugees and Citizenship Canada (“IRCC“) has finally published information on its website which summarizes how it will determine when non-compliance has occurred and what the consequences will be.
Since December 1, 2015, IRCC has had the legislative authority to apply administrative tools, including warning letters, administrative monetary penalties (“AMPs“) and bans on employers accessing the IMP to certain employers where an IRCC officer has determined that an employer has breached the terms and conditions of participating in the IMP.
Breaches that Occurred Before December 1, 2015
It is important to note that the AMP and the bans described below only apply to employer breaches that occurred after December 1, 2015. The penalty to an employer for unjustified breaches that occurred prior to December 1, 2015 is a two-year ban on that employer from being able to hire foreign workers under the IMP. However, while the consequences to an employer for being found non-compliant changed on December 1, 2015, the way in which IRCC assesses whether non-compliance has occurred remains substantially the same.
The Administrative Monetary Penalty Regime
Under IRCC’s AMP regime, employer non-compliance is divided into three types of violations.
Type A violations include where an employer:
- is unable to demonstrate that any information that it provided in respect of a foreign national’s work permit application was accurate during a period of six years beginning on the first day of the foreign national’s employment;
- did not retain document(s) that relates to employer compliance during a period of six years, beginning on the first day of the foreign national’s employment
- did not report at any time and place specified by IRCC to answer questions and provide documents during an IRCC inspection of the employer’s compliance with the IMP;
» Read more about: IRCC Clarifies Non-Compliance in the International Mobility Program »
Read more ›Free trade agreements help those who want to work in Canada, but the Trump presidency could impact Americans
On Oct. 30, 2016, Canada and the European Union signed the Comprehensive Free Trade Agreement (CETA), which, amongst other things, will make it easier for European Union citizens to work in Canada without their employers first needing to obtain labour market impact assessments (LMIA).
CETA is only the latest free trade agreement that Canada has signed. One of the first steps that a foreign national who is interested in working in Canada should do is determine whether their home country has signed a free trade agreement with Canada. If so, they should check if the agreement encompasses their specific area of employment.
LMIA vs. free trade agreements
The main benefit of a free trade agreement encompassing one’s employment is that the person’s potential Canadian employer does not need to first obtain a positive or neutral LMIA prior to the foreign worker being able to obtain a Canadian work permit.
LMIAs can be a very cumbersome process. They generally require that an employer conduct domestic recruitment, meet prevailing wage requirements, complete numerous application forms, enter into a transition plan, and pay a $1,000 per foreign worker application fee. For many employers, obtaining LMIAs is simply too great an obstacle to employing foreign nationals in Canada.
It is much easier for employers to employ workers who are encompassed by free trade agreements. Employers must simply enter information about the proposed job offer into the Immigration, Refugees and Citizenship Canada website, pay a $230 employer compliance fee and provide a written job offer to the prospective employee.
Free trade agreements
As of writing, Canada has free trade agreements that contain immigration provisions in force with the United States, Mexico, Chile, Peru, Colombia and South Korea.
The North American Free Trade Agreement (NAFTA) is a free trade agreement between the United States,
Read more ›Last updated on October 25th, 2019
There are many ways that people who come to Canada legally can suddenly find themselves inside Canada without valid status. Some may simply forget to submit applications to extend their status prior to the end of the period of their authorized stay. Others may submit their extension applications on time only to have Immigration, Refugees and Citizenship Canada (“IRCC”) later refuse or reject their applications for being incomplete, leaving them without status in Canada.
While Canadian immigration law provides such foreign nationals with some options to regain valid temporary resident status in Canada, it is important that people understand the risks associated with each.
Leaving Canada and Re-Entering
The first, and arguably the riskiest, way that a foreign national can regain legal status in Canada is to exit Canada and re-enter. Anyone who does this will need to satisfy the Canada Border Services Agency (“CBSA”) that they will leave Canada by the end of their authorized stay, which can sometimes be tricky if the person has previous overstayed. As well, if the foreign national wants to work or study, then they will need to demonstrate to CBSA that they are eligible to do so.
Restoration of Status
For many, exiting Canada and re-entering is simply too risky or too expensive if they do not have a US visa. Luckily, Canada’s Immigration and Refugee Protection Regulations provide that if a visitor, worker, or student loses their status in Canada, then they can apply to restore their status if they do so within 90 days of their status expiring.
Restoration applications must be submitted either online or by mail to IRCC. Restoration applications cannot be submitted while entering Canada at a Canadian port of entry.
» Read more about: Restoration of Status »
Read more ›On February 3, 2016, Immigration, Refugees and Citizenship Canada (“IRCC”, previously “CIC”) introduced new Labour Market Impact Assessment (“LMIA“) exemptions, and expanded the Business Visitors category for certain foreign nationals so that they may work in Canada without a work permit.
The specific changes are:
- the introduction of a LMIA exemption for prospective foreign workers whose work is essential to a television or film production and would create and maintain significant economic benefits and opportunities to Canadians and permanent residents;
- the introduction of a LMIA exemption to prospective foreign workers working in dance, opera, orchestra and live theatre whose work contributes to competitive advantages and reciprocal benefits for all Canadians, including Canadian performing artists and performing arts organizations; and
- that foreign nationals who are employed as film producers, essential personnel for commercial (i.e,, advertising) shoots, and film and recording studio users may now be considered as Business Visitors.
The LMIA exemptions described above take affect on February 17, 2016. The expansion to the Business Visitor category is effective immediately.
Significant Benefit Guidelines
As noted above, starting on February 17, 2016, an LMIA exemption will exist for prospective foreign workers whose work is essential to a television or film production and would create and maintain significant economic benefits and opportunities to Canadians and permanent residents.
The IRCC website notes that such positions are typically unionized and pay above the provincial median wage for all occupations.
Applicants are advised to provide both a letter of support from the production as well as a letter from the relevant union or guild.
Work permits will be valid for the duration of the intended employment,
» Read more about: LMIA Exemption for the Performing Arts Sector »
Read more ›Does a rodeo announcer require a work permit and a Labour Market Impact Assessment to give background information on radio contestants during a rodeo? The answer is.. it depends.
Section 186(m) of the Immigration and Refugee Protection Regulations (“IRPR“) provides that:
Work Without a Work Permit
186. A foreign national may work in Canada without a work permit
(m) as a judge, referee or similar official at an international amateur sports competition, an international cultural or artistic event or competition or an animal or agricultural competition;
Amateur Sports Competitions and Events
The Citizenship and Immigration Canada (“CIC“) website states that for judges, referees and similar officials involved in an international amateur sports competition, the event should be organized by an international amateur sporting association and should be hosted by a Canadian organization. The distinction between “organizing” and “hosting” becomes important, and supporting documents needs to reflect this.
The CIC website further states that events may include international or university games, winter or summer Olympics, etc., and that an “amateur” sports competition is generally defined as one in which the participating athletes are not paid to compete or otherwise participate in the event. The CIC website notes that there are exceptions to this, as of course in recent decades the line between “professional” sporting events and “amateur” sporting events has become blurred.
Cultural or Artistic Competitions and Events
The CIC website states that judges or adjudicators of artistic or cultural events such as music and dance festivals are included in IRPR r. 186(m), as are judges for animal shows and agricultural competitions.
So what about the rodeo announcer? The following is what CIC’s rationale in the approval of an application under this exemption was based on the facts provided to them.
» Read more about: Judges, Referees, and Work Permits »
Read more ›Last updated on September 16th, 2020
Immigration Refugees and Citizenship Canada’s (“IRCC“) International Mobility Program provides that a foreign worker may be issued a work permit without the employer needing a Labour Market Impact Assessment if the employee meets the requirements of the Intra-Company Transferees (“ICT“) program.
Although some free trade agreements contain specific requirements, the general ICT rules applicable to citizens of all countries are that ICTs must:
- be currently employed by a multi-national company and be seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise;
- be transferring to an enterprise that has a qualifying relationship with the enterprise in which they are currently employed, and will be undertaking employment at a legitimate and continuing establishment of that company (where 18–24 months can be used as a reasonable minimum guideline);
- be being transferred to a position in an executive, senior managerial, or specialized knowledge capacity;
- have been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer them outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application; and
- be coming to Canada for a temporary period only.
Applicants who have not had full-time work experience with the foreign company may still be approved based on an assessment of several factors, including the number of years of work experience with the foreign company, the similarity of the positions, the extent of any part-time positions with the foreign company, and, most importantly, whether there appears to be an abuse of the ICT provisions.
Start-Ups
There are additional requirements for multi-national corporations seeking to establish operations in Canada.
» Read more about: Intra-Company Transferees and Start-Ups »
Read more ›Last updated on June 9th, 2021
Regulation 205(b) of the Immigration and Refugee Protection Regulations provides that a work permit may be issued to a foreign national without the employer needing to first obtain a Labour Market Impact Assessment if the the employment of the foreign national in Canada would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries.
Some obvious examples of where such work permits are frequently issued include in sports leagues such as the National Hockey League, Major League Baseball, as well as the Canada World Youth exchange. International Experience Canada, including its most popular program – the Working Holiday Program – also falls under this Labour Market Impact Assessment, as do reciprocal employment arrangements in academia.
What is less commonly known, however, is that multinational corporations can also take advantage of this Labour Market Impact Assessment exemption. To qualify, the employer must demonstrate that reciprocity exists. This can be demonstrated by a work contract (if it provides evidence of reciprocity), a Human Resources Global Mobility Policy that demonstrates a balance of bilateral flow, and/or other documents that show that Canadian foreign workers benefit from the ability to travel abroad within the company.
As the CIC website states, it is not necessary that there be exact reciprocity, but the general order of magnitude of exchanges should be reasonably similar on an annual basis.
When the entities involved have no history of conducting reciprocal exchanges with Canada, CIC will initially limit work permits to a small number of individuals and inform employers that subsequent work permits be issued only when reciprocity has been demonstrated. Officers can consider not only the number of individuals working in Canada and abroad,
» Read more about: The Reciprocal Employment LMIA Exemption »
Read more ›Dance Instructors, Guest Speakers, and Working in Canada Without a Work Permit
Last updated on September 20th, 2019
Does a professional ballet teacher require a work permit and a Labour Market Impact Assessment to give a 4 day seminar in Vancouver? The answer is.. it depends.
Section 186(j) of the Immigration and Refugee Protection Regulations (“IRPR“) provides that:
Work Without a Work Permit
186. A foreign national may work in Canada without a work permit
(j) as a guest speaker for the sole purpose of making a speech or delivering a paper at a dinner, graduation, convention or similar function, or as a commercial speaker or seminar leader delivering a seminar that lasts no longer than five days;
No Work Permit Required
In accordance with IRPR 186(j), the Citizenship and Immigration Canada (“CIC“) website explicitly states that guest speakers for specific events, including as an academic speaker at a university or college function, and commercial speakers or seminar leaders, can enter Canada to work without a work permit provided the seminar to be given by the foreign speaker does not last longer than five days.
CIC defines a seminar as “a small class at a university, etc. for discussion and research, or a short intensive course of study, or a conference of specialists.”
CIC defines commercial speakers as “people who sell tickets or registrations to people who come to hear them speak on a particular topic.” CIC further states that commercial speakers have a vested interest in the event at which they are speaking. Typically, they rent commercial space in a hotel, advertise, charge admission, deliver the event and then leave Canada.
Where the speaker is speaking to multiple groups, then as long as the duration of the speaking events is in total no more than five days,
» Read more about: Dance Instructors, Guest Speakers, and Working in Canada Without a Work Permit »
Read more ›Last updated on July 22nd, 2018
I was recently asked whether an opera singer working in Canada for three months requires a work permit and a Labour Market Impact Assessment. The answer is.. it depends.
Section 186(g) of the Immigration and Refugee Protection Regulations (“IRPR“) provides that:
Work Without a Work Permit
186. A foreign national may work in Canada without a work permit
(g) as a performing artist appearing alone or in a group in an artistic performance — other than a performance that is primarily for a film production or a television or radio broadcast — or as a member of the staff of such a performing artist or group who is integral to the artistic performance, if
(i) they are part of a foreign production or group, or are a guest artist in a Canadian production or group, performing a time-limited engagement, and
(ii) they are not in an employment relationship with the organization or business in Canada that is contracting for their services.
No Work Permit Required
Examples of performing artists who do not need a work permit to work in Canada include:
- Foreign-based musical and theatrical individuals and groups and their essential crew;
- street performers (buskers), DJs;
- busking;
- a foreign or traveling circus;
- guest artists (not employed) within a Canadian performance group for a time-limited engagement;
- wrestlers from the World Wrestling Entertainment, Inc. (WWE) (and similar groups);
- persons performing at a private event for a time-limited engagement, such as a wedding;
- air show performers;
- conductors;
- artists working at or attending a showcase or workshop;
» Read more about: Performing Artists and Work Permits »
Read more ›DISCLAIMER
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
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