A work permit or authorization to work without a permit is required in order for a foreign national to be allowed to work in Canada (section 30 of the Immigration and Refugee Protection Act). There are specific requirements that must be met by the foreign national and the employer under the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP).

The TFWP lets employers hire foreign workers to fill temporary labour and skill shortages.

The IMP lets employers hire temporary workers without a Labour Market Impact Assessment (LMIA). Exemptions from the LMIA process are based on

• broader economic, cultural or other competitive advantages for Canada; and
• reciprocal benefits enjoyed by Canadians and permanent residents.

See

• the full table of contents for operational instructions related to temporary workers;
• the transition table for information on where previous manual content can now be found in the new format;
• the officer quick reference guide to occupations.

Intake

• What is work?
• Steps to determine work and assessment of work permit application
• Authorization to work without a work permit
• Place of application
  • Applying at a visa office before entry
  • Persons who may apply at a port of entry
  • Persons who may apply from within Canada
• Cumulative duration (four-year maximum)
• Employer review - Protecting workers from abuse and exploitation

Processing

• Eligibility and admissibility
  • Strike situations
  • Language requirements
  • Immigration warrants
• Two-week processing eligibility
• Open work permits
• Employer-specific work permits with Labour Market Impact Assessment exemptions
• Conditions of the work permit including validity period
• Assessing medical requirements

Labour Market Impact Assessments

• Overview
• Labour Market Impact Assessment validity and suspension, and duration of employment
• Limited validity period for LMIAs
• Occupations requiring lower levels of formal training
• Cessation of arranged employment opinions

Labour Market Impact Assessment exemptions

• Agreements [R204]
  • Applying the North American Free Trade Agreement and other international free trade agreements
  • Canada-International non-trade agreements
  • Provincial considerations
  • Provincial nominees
• Canadian interests [R205] (See LMIA codes)
• Applicants with no other means of support [R206]
• Permanent residence applicants in Canada [R207]
• Humanitarian reasons [R208]
• Unique work situations
  • Caregivers
• Special initiatives and pilot projects

Determining employer compliance

• Employer compliance inspection
• Revocation of work permit due to public policy consideration
• Application of consequences where an employer is found non-compliant with the conditions
  • Assessing the severity of violation
• Public list of employers who have been non-compliant
• Collecting administrative monetary penalties and determining when employers are in default of payment