Judges, Referees, and Work Permits

Meurrens LawWork Permits

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 … Read More

Performing Artists and Work Permits

Meurrens LawWork Permits

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 … Read More

Increased Fees and Compliance in the International Mobility Program

Meurrens LawWork Permits

On February 11, 2015, the Government of Canada publicized amendments to the Immigration and Refugee Protection Regulations that affected most applicants in the International Mobility Program (the “IMP“). The IMP includes all streams of work permit applications that are exempt from the Labour Market Impact Assessment (“LMIA“) process, including workers covered by free trade agreements, people participating in exchange programs like International Experience Canada (“IEC“), provincial nominees, intra-company transferees, post-graduate work permit holders, etc. In reviewing the changes described below, it is important to understand the distinction between a closed work permit and an open work permit. A closed work permit limits a foreign worker to a particular employer. An open work permit allows the foreign worker to work for any employer. The changes consist of: Requiring that employers of prospective closed work permit holders in the IMP provide information to Citizenship and Immigration Canada (“CIC“) before their prospective employees apply for work permits; Requiring that employers of prospective closed work permit holders pay a $230.00 “employer compliance fee” per employee before their prospective employees apply for work permits; and Introducing a new $100.00 “privilege fee” on open work permit applicants. The Government of Canada has announced that the above changes … Read More

Ministerial Instructions – Revoking, Suspending, and Refusing to Process Work Permits and Labour Market Opinions

Meurrens LawLabour Market Impact Assessments, Work Permits

On December 27, 2013, Citizenship and Immigration Canada (“CIC“) and the Ministry of Economic and Social Development (“Service Canada“) released Ministerial Instructions regarding the revocation of work permits and Labour Market Opinions (“LMOs“), now called Labour Market Impact Assessments (“LMIAs“).  The Ministerial Instructions will allow the Government of Canada to rapidly respond to economic developments by immediately reducing the intake of foreign workers, will increase program integrity, and create uncertainty for Canadian businesses. These are the first Ministerial Instructions to be issued by Service Canada since the Government of Canada amended s. 30 of the Immigration and Refugee Protection Act (“IRPA“) in the first 2013 Budget Implementation Act.  Section 30 of IRPA now reads: Work and study in Canada 30. (1) A foreign national may not work or study in Canada unless authorized to do so under this Act. Authorization (1.1) An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations. Instructions (1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister … Read More

The Expression of Interest Immigration System

Meurrens LawImmigration Trends

On October 22, 2013, the Conservative Government of Canada tabled its latest omnibus budget bill, titled “A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures” (the “2nd 2013 Budget Implementation Act“)  Totalling 327 pages, the 2nd 2013 Budget Implementation Act introduces the “expression of interest” immigration system into the Immigration and Refugee Protection Act, sc 2001, c 27 (“IRPA”). Division 16 of the 2nd 2013 Budget Implementation Act states: Division 16, Immigration and Refugee Protection Act Amendments to the Act 290. Part 1 of the Immigration and Refugee Protection Act is amended by adding the following after the heading “IMMIGRATION TO CANADA”: Division 0.1 Invitation to Make an Application Application for permanent residence — invitation to apply 10.1 (1) A foreign national who seeks to enter or remain in Canada as a member of a class that is referred to in an instruction given under paragraph 10.3(1)(a) may make an application for permanent residence only if the Minister has issued them an invitation to do so, the invitation has not been cancelled under subsection 10.2(5) and the applicable period specified in an instruction given under paragraph 10.3(1)(k) has not expired. Limitation (2) An instruction may be given under paragraph … Read More

CIC Operational Bulletin 503 – Volunteering on a Farm

Meurrens LawWork Permits

Citizenship and Immigration Canada (“CIC“) has released Operational Bulletin 503 – Clarification of Volunteering in Relation to Farm Work (“OB-503“).  The Temporary Foreign Worker Manual provides that if a tourist wishes to stay on a family farm and work part time just for room and board for a short period then this is not considered work, and a work permit is not required.  Work on a farm that is expected to last beyond four weeks, however, requires a work permit. OB-503 elaborates on this.  It specifies that the volunteering on the farm must be incidental to the reason the individual seeks to enter Canada.  Farm work cannot be the main reason for entering Canada.  An individual must have other plans for the majority of their time in Canada (such as tourism, visiting family, visiting friends, etc.) It also specifies that if the foreign national seeks to volunteer at a commercial farm, than a work permit is required.  A commercial farm is a commercial venture undertaken with the expectation of profit.  A non-commercial farm generally means a farm where the farm family provides much of the capital and labour for the farm, and where the production of agricultural products is to provide for … Read More

Comparing Working Holiday Programs

Meurrens LawWork Permits

Many young people from certain countries around the world are able to come to Canada to work on open work permits for specified periods under the Working Holiday Program (“WHP“).  The WHP is a part of the International Experience Canada (“IEC“) program.   The IEC also includes other programs such as the Young Professionals Program which require that applicants have pre-arranged employment. What many people don’t realize is that the WHP rules for specific countries vary dramatically.  As well, they are changing constantly.  So if you see you’re country on the list below, and you notice that the rules for your country are much more stringent than other countries, you may want to lobby your government to negotiate more flexible terms with Canada. Country Age Eligibility Maximum Validity (Months) Frequency of Participation Quota Australia 18-30 24 No limit 8,900 Belgium 18-30 12 Once 750 Chile 18-35 12 Once 725 Costa Rica 18-35 12 Twice in IEC, Once in WHP 70 Croatia 18-35 12 Twice 275 Czech Republic 18-35 12 Twice in IEC, Once in WHP 1,000 Denmark 18-35 12 Once 300 Estonia 18-35 12 Twice in IEC, Once in WHP 80 France 18-35 12 Twice in IEC, Once in WHP … Read More

Applying for a Work Permit at the Port of Entry

Meurrens LawWork Permits

Many individuals know that people who are exempt from the requirement to obtain a Temporary Resident Visa can apply for a Work Permit at a Canadian Port of Entry.  What many do not realize is that this extends to people from any country who are returning to Canada after a trip to the United States.  Specifically, r. 190 of the Immigration and Refugee Protection Regulations states that: (3) A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely (f) to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they (i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and (ii) return to Canada by the end of the period initially authorized for their stay or any extension to it; We have made available for purchase on this blog an internal CBSA Memorandum from March 8, 2007, addressing this issue.   The price for this document, which was obtained through an Access to Information and Privacy Act request, is $6.95.  Our … Read More

Work Permit and LMOs for Fishing and Hunting Outfitting Operations

Meurrens LawWork Permits

Citizenship and Immigration Canada has released an Operational Bulletin clarifying the work permit and Labour Market Opinion requirements for foreign nationals involved to some degree with any fishing or hunting outfitting operations who do not qualify as either a tourist or a business visitor. An outfitter will be eligible for a tourist visitor if no fees are charged. An outfitter will qualify as a business visitor if the outfitter is accompanying clientele from outside of Canada and the foreign national is providing little in the way of services while in Canada. Where the outfitter is charging services, and where the outfitter will be performing services while in Canada, the following chart applies:   Characteristic of Outfitter LMO Requirements Sole owner or majority owner Eligible for LMO exemption if there is a significant benefit to Canada. Owner with equal share Eligible for LMO exemption if there is significant benefit to Canada. Non-majority owner Requires LMO and Work Permit as an employee if carrying out “work”. Requires LMO and Work Permit as an employee if carrying out “work”. Non-owner (including guides)   In the case of small, the factors to determining whether a seasonal outfitting operation will provide a significant benefit to … Read More