Temporary foreign workers

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Under IRPA, foreign nationals may work temporarily in Canada under certain conditions. Those who wish to do so are generally required to have a job offer and a work permit.

Upon receipt of an approved job offer, an immigration officer will decide if the foreign worker qualifies for the work permit and assess the person's health and security requirements. A work permit is usually valid only for a specified job, employer and time period. In most cases, applications must be submitted from outside of Canada.

Some temporary foreign workers do not require work permits, including:

• some commercial speakers, seminar leaders and guest speakers;
• some performing artists, students, athletes, sports officials, journalists and providers of emergency services;
• business visitors; and
• diplomats, consular officers and other representatives or officials of other countries.

A more complete list of exemptions and the conditions that apply is available from Citizenship and Immigration Canada.

Additional procedures apply for foreign workers who intend to work in Quebec.

It is an offence for Canadian employers to hire anyone they know is not authorized to work in Canada. Only temporary residents possessing valid work permits can work in Canada legally.

The North American Free Trade Agreement (“NAFTA”)

Under NAFTA, citizens of Canada, the United States and Mexico can gain quicker, easier temporary entry into the three countries to conduct business-related activities or investments. All provisions are equally available to citizens of the three countries.

NAFTA applies to four specific categories of business persons: business visitors, professionals, intra-company transferees and persons engaged in trade or investment activities, all of whom can enter Canada without a labour market test being applied.

The Canada-Chile Free Trade Agreement (“CCFTA”)

CCFTA is modeled on NAFTA and facilitates temporary entry on a reciprocal basis, by eliminating the requirement for an economic effect opinion. The rules governing temporary entry are similar to those in NAFTA and include the same four categories of business persons who can enter Canada without a labour market test being applied. However, minor changes were introduced in the CCFTA to reflect the bilateral nature of the agreement.

The General Agreement on Trade in Services (GATS)

Under GATS, Canada has made commitments to allow market access for foreign service providers in specified sectors. GATS commitments apply to over 130 nations. As with NAFTA, the temporary entry of a business person can be facilitated without the need for a labour market test.