Conditions and validity period on work permits (temporary workers)

All temporary workers have general conditions and specific conditions imposed on their work permits (see sections R183 and R185 of the Immigration and Refugee Protection Regulations [IRPR] for more details). When a work permit based on the offer of employment is issued, conditions are automatically imposed on employers [R209.2].

For Labour Market Impact Assessment (LMIA)-exempt, employer-specific work permits, there are 2 different sets of conditions involved:

1. those imposed on the employer, based partially on the offer of employment when the work permit is issued
2. those imposed on the temporary worker in regard to the work permit

On this page

• General conditions related to temporary work
• Specific conditions related to temporary work
• Conditions imposed during the implied status period
• Conditions imposed on the employer that overlap the work permit conditions
• Validity period for work permits
• Categories of work with validity periods that may not be exceeded

General conditions related to temporary work imposed by operation of law [R183]

As per paragraph R183(1)(b), all temporary residents may not work unless authorized to do so under sections R186, R200 and R201. These authorizations include the following:

• the authority to work without a permit [R186]
• open work permit holders [R200]
• holders of employer-specific work permits [R201]

If authorized to work according to these regulations, temporary residents cannot enter into an employment agreement, or extend the term of an employment agreement with, an employer who is in any of the following situations:

• on a regular basis, offers striptease, erotic dance, escort services or erotic massages [R183(1)(b.1)]
• is referred to in any of subparagraphs R200(3)(h)(i) to (iii) [R183(1)(b.2)], which includes an employer who is in any of the following situations:
  • is subject to a determination under subsection R203(5) because in the past 6 years, they failed to offer foreign nationals substantially the same wages and working conditions in the same occupation as the applicant, as those in the offer of employment
  • committed a violation under section R209.95
  • owes penalty fees or fails to make payments as per a payment agreement

Specific conditions related to temporary work: imposed by the processing officer [R185]

The specific conditions related to temporary work [R185] can be imposed only by an officer and are not automatic.

The conditions can be selected from the list in the Global Case Management System (GCMS) and will be written in the “Conditions” section on the work permit. If a specific condition is not in the GCMS list, the officer may add it in the “User Remarks” section of the work permit.

The conditions that may be imposed are as follows:

• a period of authorized stay
  • may be different (longer) than the period of authorized work
• the type of work
  • is as listed in the “Occupation” field on the work permit
  • is pulled from the “Job Title” field in GCMS and not the “NOC code” field
• the employer
  • the officer does not need to include “not authorized to work for any other employer” in order for this condition to be imposed
  • including the name in the “Employer” field on the work permit imposes the condition that the temporary worker is authorized to work only for that specific employer
• location of work
  • may be a specific street address, a city or town, a province or all of Canada
  • the officer must confirm that the location is correct as per the LMIA or the offer of employment (LMIA-exempt)
• times and period of work
  • may be the number of days or specific periods the worker is allowed to work

In the processing of work permits, there are specific situations when imposing these conditions is mandatory.

Period of authorized stay (mandatory imposition)

The authorized period of stay may be longer than the authorized period of work [R185(a) and R185(b)(iv)].

Example situation for an authorized period of stay condition

In the Global Skills Strategy short-term work permit exemption category, when issuing a visitor record, an officer may issue it for a duration of 6 months and impose the condition that no more than 15 or 30 consecutive days of work may be completed during the validity of the visitor record.

Type of work (mandatory imposition)

There are a variety of situations where the type of work (that is, the occupation) must be imposed, such as with some employer-specific work permits and with open employer and occupation-restricted work permits [R185(b)(i)].

Example situations for a type of work condition

Employer-specific work permits: In both the Temporary Foreign Worker Program and the International Mobility Program, work permits are issued for foreign nationals to work in a specific occupation. The occupation is restricted to the National Occupational Classification (NOC) code provided by the employer in the LMIA application or in the offer of employment for LMIA-exempt workers.

Open employer and occupation-restricted work permit: Where the employer is not listed, but the occupation is restricted due to medical or program requirements.

The employer (mandatory imposition)

When issuing a work permit under subparagraph R200(1)(c)(ii.1), officers must ensure an employer is identified and the employer name matches the employer named on the LMIA or the offer of employment [R185(b)(ii)].

Although this condition is imposed by writing the employer’s name on the work permit, officers are also advised to add the condition “Not authorized to work for any other employer” to the work permit, for clarity.

When an officer issues an employer-specific work permit under an LMIA exemption, if it is properly matched to the offer of employment, GCMS will automatically insert the employer’s name into the “Employer” field. This ensures that the correct name is entered and provides consistency of data, which improves data integrity in GCMS.

Location of work (mandatory imposition)

Location of work must be imposed as a condition where an LMIA has been issued or where it is a requirement of the LMIA exemption [R185(b)(iii)].

For example, when an employer has several franchise locations but indicates only one location on the offer of employment submitted through the system, the work permit should reflect the physical location of work and restrict the work to that location. However, if the employer indicates in the offer of employment that the worker will be working at multiple work locations, the officer should not restrict the work permit to a single location and should indicate in the “Remarks” field that the worker is authorized to work at the various locations across Canada.

For LMIA - supported work permits: The officer should impose the location of work to match the destination on the LMIA. This is to ensure that the temporary worker is working in the same labour market area assessed by Employment and Social Development Canada.

For LMIA-exempt work permits: Where the location of work is important to the exemption (such as for provincial nominees or specific “significant benefit to Canada” situations), location must be imposed.

Example situation for a location of work condition

A foreign national is assessed as being a significant social benefit because they are going to an area of Canada where their expertise is not otherwise available, such as in a rural area as opposed to a city. The officer will impose the specific location, as that is what was assessed for the LMIA exemption.

Times and periods of work (mandatory imposition)

While the period of authorized stay may extend beyond the authorization period of work, the period of work may never extend beyond the duration specified in the LMIA or offer of employment.

In addition to the duration of work, there may be conditions according to which the worker is not authorized to work at specific times or dates.

Example situations for times and periods of work conditions

Seasonal agricultural workers are never to work between December 15 and January 1.

Students are authorized to work for up to 20 hours per week in their off-campus employment during the semester.

Conditions imposed during the implied status period

Section R201 allows foreign nationals to apply for a renewal of their work permit only if the application is made before their present work permit expires. Paragraph R186(u) authorizes foreign nationals to work without a permit in the event that they submitted an application under section R201 and a decision on the renewal application has not yet been made.

In all of the above cases, officers must cancel all valid eTAs (including those issued through the expansion of eTA).

Categories of work with validity periods that may not be exceeded

• Professionals
  North American Free Trade Agreement (NAFTA) [R204(a), exemption code T23]: Work permits may be issued for 3 years, with renewals by 3‑year increments.

  Other free trade agreements (FTAs) similar to the NAFTA: [R204(a), exemption code T23]: Work permits may be issued for 1 year, with renewals by 1-year increments.

  General Agreement on Trade in Services (GATS) [R204(a), exemption code T33]: 90-day limit per 12-month period.

  Note: There is no limit on the number of extensions, providing the individual continues to comply with the requirements (see section 3.7 of the NAFTA).

• Intra-company transferees
  NAFTA (and other FTAs similar to the NAFTA) [R204(a), exemption code T24], general provisions under the IRPA and the GATS [R205(a), (exemption code C12]: Work permits may be issued for the following periods:
  • Executives and managers: maximum initial 3 years, unless opening an office (1 year); 2-year renewals are allowable; the total period of stay may not exceed 7 years^{Footnote *}
  • Specialized knowledge transferees: maximum initial 3 years, unless opening an office (1 year); 2-year renewals are allowable; the total period of stay may not exceed 5 years^{Footnote *}
• International Experience Canada programs
  Paragraph R205(b), exemption code C21:The work permit cannot extend past the period specified in the country agreement.
• Study permit holders
  Work permits issued under subparagraphs R205(c)(i.1) and (i.2), with exemption codes C32 and C33, where the work is essential to the study program, should not exceed the validity date of the study permit.
• Spousal employment provisions
  Work permits issued under subparagraph R205(c)(ii), with exemption code C41 or C42 [or under paragraph R205(b), with exemption code C20, in the case of spouses or common-law partners of military personnel or diplomats], should not exceed the duration of the principal applicant’s stay in Canada.
• Post-graduate employment
  Subparagraph R205(c)(ii), exemption code C43: This can be used only once, with a total employment period of a maximum of 3 years (see Study permits: Post-Graduation Work Permit Program).
• Live-in Caregiver Program
  The maximum validity of the work permit (and the maximum to which it can be extended under this program) is 4 years.

  Note: The entry into this program was capped at 0 in November 2014.

• Refugee claimants, etc.
  For work permits issued under section R206, with exemption code S61 or S62, the initial validity is 24 months and renewals may be issued for 1-year periods.
• Destitute students
  Section R208, exemption code H81: A work permit should be issued only to allow the study permit holder to complete their term.
• Temporary resident permit holders
  To be issued a work permit under section R208, with exemption code H82, the holder must have a temporary resident permit valid for a minimum of 6 months. The validity date of the work permit should not exceed the validity of the temporary resident permit.
• Special category countries
  In most cases, foreign workers from these countries may be issued work permits beyond a 1-year validity. See Appendix A of chapter IC 2.