Text knode: fw01-eng.pdf

Fact No	Subject	Verb	Object	Weight
1	Work without a work	permit	h	4
2	Work without a work	permit	. Wo	4
3	Work without a work	permit	k	4
4	Work without a work	permit	. Wo	4
5	Work without a work	permit	m	4
6	Work without a work	permit	. Wo	4
7	Work without a work	permit	q	4
8	Work without a work	permit	. Wo	4
9	Work without a work	permit	R186	4
10	Work without a work	permit	. Wo	4
11	Work	permits	requiring a Labour Market Opinion	4
12	Work	permits	. Wo	4
13	Agreements	-	R204	1
14	Canadian interests: Significant	benefit-general	guidelines R205	1
15	Canadian interests: Significant	benefit-general	. Ca	1
16	Categories of	work	with validity periods which may not be exceeded ...	1
17	Joint	confirmation	procedures	1
18	Countries	served	by MICC	1
19	Camp	counsellors	in training	1
20	Foreign	camp	owner or director	2
21	Section 5.24 - Application for a work permit after entry R199	added	clarification to second bullet	6
22	additional text	was added	to clarify limits when assessing level of ability for the job	1
23	Clarification	was added	to the fourth bullet i.e.	1
24	Section 6 - Determining the expiry date of work permits relative to dates on LMOs	changed	title of section to "LMO Validity and Duration of Employment as per the LMO" - Updates from OB 152 included	10
25	work permit	will be authorized	for a period of 24 months	4
26	Added tip at end of section on issuing work permits for longer duration periods Section 5.1 - Overview - definition of 'work	was clarified	to be consistent with R2 wording	6
27	FNs	should apply	at a visa office	1
28	Clarification	was added	to the second bullet regarding medicals	1
29	new FTAs	coming	into effect in addition to the NAFTA and Appendix B	1
30	Section 11.2 - Categories of work with validity periods which may not be exceeded	updated	table to support new FTAs coming into effect in addition to the NAFTA and Appendix B - Canada-Chile Free Trade Agreement - Changed title to "International Free Trade Agreements"	8
31	Work	permits	requiring HRSDC confirmation R203 - Modifications to Low Skilled Pilot instructions	5
32	students	not included	in this exemption Section 5.22 - Departmental Policy: Work without a permit R186	7
33	it	applies	to foreign students	1
34	this exemption	applies	Section 13.2	2
35	this exemption	applies	Appendix E	2
36	Charitable or religious work	r205	C50 - Further definition of when this exemption applies Section 13.2 - More guidelines for unique situations: Camp counsellors - Further definition	4
37	guidelines regarding off-campus employment pilot projects	have been replaced	by a new set of instructions for the national Off-Campus Work Permit Program for International Students	8
38	required for the work	permit	exemption	5
39	guidelines regarding personal employees of non-residents	have been clarified	to provide a clearer focus on whether the worker is 'predominantly outside Canada	5
40	Notification	has been added	that HRSDC has extended the national labour market opinion for Canada Research Chair positions to July 2007	6
41	directors	entering	Canada	4
42	Slight modifications to the performing artist guidelines	have been made	addition of guidelines regarding "time-limited engagement	1
43	work permit at the POE	have been amended	to reflect the August 2004 regulatory change	4
44	work permit in Canada	have been amended	to reflect the August 2004 regulatory change	8
45	existing work permit holders	applying	at the POE	4
46	guidelines	have been added	regarding existing work permit holders	4
47	Fulbright Program between Canada and the United States	was added	to the list of international agreements	6
48	Other agreements	were removed	from the list	1
49	intra-company transferee	does not have	to be a current employee of the company	1
50	transferee	must have worked	for the company for one year during the three-year period	1
51	Various modifications	were made	to C43, post-graduation employment provisions, including an allowance for part-time and self-employment	2
52	note	regarding	issuance and coding	1
53	Additional instructions	have been included	in a note	1
54	Sections 9.5, and 10.1	should be noted	on the work permit, but not the client's medical condition which determined the restriction	4
55	Any medical restriction	should be noted	on the work permit, but not the client's medical condition which determined the restriction	4
56	Guidelines regarding the interpretation of "bar, restaurant, or similar establishment"	have been added	guidelines regarding festivals and WWE camera operators	1
57	FAC circular notice regarding household domestic workers	was replaced	with Circular Note No.	1
58	major change	is	removal of the requirement for these workers to be functional in one of Canada's official languages	5
59	Additions	have been made	to sections 5.26 and 5.39	1
60	new sections	provide	guidelines for issuing work permits to certain international students under pilot projects for off-campus work and extensions of post-graduation employment	6
61	Section 5.39	includes	instructions in Section C for processing applications for one-year extensions of post-graduation work permits under pilot projects with certain provinces	7
62	new section	has been created	at the end of 5.39	1
63	new section	has been created	to provide instructions on issuing work permits for off-campus work to international students under pilot projects with certain provinces	6
64	Amendments	have been made	to sections 5.27, 5.30	1
65	Amendments	have been made	Manual	1
66	changes	are	all in respect to provisions for the issuance of work permits to provincial nominee candidates and their spouses	4
67	Section 5.27	provides	for the issuance of a work permit, without requiring an LMO from HRSDC, to any applicant who has been nominated for permanent residence by a province	8
68	foreign nationals	being considered	for provincial nomination on the basis of their intention to undertake business activity in the province	1
69	Section 5.30	contains	provisions for the issuance of work permits to foreign nationals	6
70	Section 5.39	provides	for the issuance of open temporary work permits to spouses of provincial nominees who hold valid work permits, irrespective of the skills category under which the nominees' occupation falls	6
71	All staff	have	responsibilities for the issuance of temporary work permits	4
72	All staff	are urged	to review these new sections	1
73	all other relevant provisions of the FW manual with respect to the issuance of work permits	continue	to apply	4
74	staff	should keep	in mind	1
75	minor correction	has been made	to the FW manual, Appendix G: North American Free Trade Agreement, Annex A, University, College and Seminary Teachers	3
76	issued letters of acceptance	was eliminated	formerly #3 on the list	1
77	no approval structure	was	is in place	1
78	guest artists	coming	to perform on Canadian television or radio, and the World Wrestling Entertainment	1
79	Paragraphs	were added	on guest artists	1
80	This chapter	explains	Regulations and CIC policy with respect to temporary foreign workers	2
81	It	provides	guidelines that will assist officers in interpreting the Regulations and explain the programs that fit under these Regulations	2
82	Regulations	specify	that the worker class is a class of persons who may become temporary residents	2
83	worker	may be authorized	to work by the issuance of a work permit pursuant to Part 11 of the Regulations	5
84	worker	may be authorized	to work without a work permit R186	5
85	Work	is defined	in the Regulations as an activity for which wages are paid or commission is earned	4
86	employee, remuneration or commission	received	for fulfilling a service contract	2
87	wages	paid	by an employer to an employee, remuneration or commission	1
88	foreign national	receives	payment for performing a service	1
89	Officers	should consider	there is entry into the labour market	2
90	they	be doing	activity that a Canadian or permanent resident should really have an opportunity to do	1
91	they	be engaging	in a business activity that is competitive in the marketplace	1
92	foreign national	intends	to engage in a competitive activity, which would be considered "work"	4
93	person	be	part-time or incidental to the reason that the person is in Canada	4
94	person	would not compete	directly with Canadian citizens or Permanent Residents in the Canadian labour market	1
95	person	is not	competitive activity	1
96	person	is visiting	Canada	4
97	work	is	really incidental to the main reason	4
98	tourist	wishes	to stay on a family farm and work part time just for room and board for a short period	5
99	tourist	wishes	stay	1
100	this person	would not be considered	worker	1
101	work	permit	in R186	4
102	we	do not consider	activities	1
103	we	do not consider	to be work	4
104	We	recognize	that there may be overlap in activities	1
105	foreign national	is authorized	to do without having to obtain a work permit	4
106	R186 and R187	describe	types of work	4
107	general rule	is	that a foreign national must apply outside Canada for their work permit, however	8
108	work permit	may be obtained	at the POE or within Canada, respectively	8
109	R198 and R199	describe	situations	1
110	R200	provides	authority for the issuance of a work permit	4
111	R200	outlines	all of the criteria	1
112	R203 to R209	provide	eligibility criteria	1
113	R187	defines	criteria for entry as a business visitor	2
114	This broad category	parallels	NAFTA business visitor criteria	2
115	This broad category	facilitates	entry of persons to Canada who intend to engage in business or trade activities	6
116	R187	provides	specific examples, which are meant to be illustrative	1
117	See Appendix G) R187	provides	general criteria that must be met	1
118	persons	providing	after-sales service	1
119	Included in this category	are	persons	1
120	Setting up	does not include	hands-on installation generally	1
121	Setting up	performed	by construction or building trades	1
122	service	is being performed	as part of the original or extended sales agreement, lease agreement, warranty, or service contract	3
123	specialized equipment	purchased	leased outside Canada, provided	4
124	persons	seeking	entry to repair or service specialized equipment	1
125	R187	applies	to persons	1
126	companies	purchase	specialized equipment or machinery that is controlled by computers	1
127	computers in turn	interact	with this hardware through software, robotics for example	1
128	manufacturer of the equipment	sell	this upgraded software to the customer	1
129	manufacturer of the equipment	upgrade	software that provides enhancements to the previously sold hardware and subsequently	1
130	sales agreement or purchase order	is	to operate previously sold equipment	1
131	sales agreement or purchase order	is	for a software upgrade	1
132	service person	install	configure, or give training on the upgraded software	2
133	service person	coming	to Canada	5
134	long as the after sales service activity	is	clearly articulated in the new sales agreement or purchase order	2
135	service person	should receive	consideration as a business visitor	2
136	After-sales service	includes	situations	1
137	sales agreement or purchase order for upgraded software	is	new contract for a new product	2
138	fact that the upgraded software will be used to operate older equipment that may no longer be under warranty or under a service agreement	is	irrelevant	2
139	Service personnel	perform	service work on equipment or machinery that is either out of warranty, or where no service contract exists	7
140	Service personnel	continue	to require an LMO and a work permit	6
141	Service contracts	be	extension of the original agreement	2
142	Service contracts	must have been negotiated	as part of the original sales or lease agreements	2
143	signing of the sales or lease agreement	are not covered	by this exemption	2
144	Service contracts	negotiated	with third parties	1
145	third company	will be contracted	to service the equipment	1
146	original sales agreement	indicates	that a third company has been	1
147	work	is not covered	under a warranty	4
148	Canadian employer	contracted	for services from a foreign company	1
149	foreign company	performing	services for the Canadian company	1
150	This situation	arises	most often in the context of NAFTA	1
151	they	receiving	remuneration from a Canadian source	1
152	service provider	is not	to be considered a business visitor simply	2
153	that foreign employer	is receiving	payment for the service that is being provided	1
154	it	is deemed	that the worker is receiving payment from a Canadian source	1
155	worker	can not receive	consideration as a business visitor	2
156	American architectural firm	located	in the U.S.	1
157	Canadian airport	engages	services of an American architectural firm	1
158	American architectural firm	sends	to work on the project on site	1
159	American architectural firm	sends	one or more of their architects to Canada	4
160	American employer	is receiving	payment for their services	1
161	architects	are working	in Canada	4
162	architects	can not receive	consideration as business visitors	1
163	architects	do not meet	business visitor criteria	1
164	U.S.	based	company	2
165	U.S.	provides	marine maps and computer software to commercial and private mariners, including sports fishermen	1
166	U.S. company	has	no subsidiaries or affiliates in Canada	5
167	company	wants	to map the Lake of the Woods, most of which is in Canada	4
168	company	wants	using sophisticated marine mapping devices	1
169	end product	will be	marine maps and computer software	1
170	products	will be	commercially available to anyone who wants to purchase them	1
171	company	needs	to send two of their employees along with a boat load of this equipment to circumnavigate the Lake of the Woods, take depth and other readings, and return to the U.S. with their findings	2
172	findings	be used	to produce the marine maps and computer software	1
173	U.S. company	will be	direct beneficiary of the foreign worker's efforts	3
174	business visitor criteria	are	satisfied	1
175	persons	providing	service under NAFTA	2
176	all business visitors	do	after-sales service for work periods of longer than two days	6
177	all business visitors	must be documented	on a Visitor Record	1
178	This requirement	serves	both as a facilitation and a control measure	1
179	specialized machinery	purchased	leased outside Canada	4
180	equipment or machinery	purchased	in Canada for relocation outside Canada	4
181	Canada	supervise	installation of specialized machinery	4
182	Canada	supervise	to supervise the dismantling of equipment or machinery	4
183	This provision	covers	persons who enter	1
184	one supervisor	be expected	to supervise five to ten installers or other workers	1
185	It	covers	intra-company trainers and trainees	1
186	person	is coming	to provide training or installation of equipment for a branch or subsidiary company	1
187	they	are considered	to be business visitors	1
188	foreign national	be paid	by the Canadian branch above expenses	1
189	foreign national	should maintain	position in their home branch and not	1
190	service	is provided	company-wide and not just for the Canadian office	2
191	This provision	apply	to a trainer or specialized installer under an after-sales contract by the foreign branch	1
192	person	attending	meeting as a member of a board of directors	1
193	person	may enter	as a business visitor	1
194	people	attend	quarterly meetings	1
195	They	charged	to govern an organization or corporation by	1
196	They	charged	example: - selecting and appointing a chief executive officer	1
197	They	charged	governing the organization by setting broad policies and objectives	1
198	They	charged	accounting to shareholders for products, services and expenditures	1
199	board member	may be	well remunerated for their advice and expertise	1
200	they	are considered	to be business visitors under R187	1
201	domestic servant	meet	business visitor criteria in R187	2
202	Persons	employed	in a personal capacity on a full-time basis by short term temporary residents, for example	1
203	employee	considered	to be working predominantly outside Canada or their employee's primary source of remuneration	4
204	visiting employer	extends	stay in Canada such	4
205	personal employee	may be required	to seek a work permit and an LMO to continue working	5
206	personal employee	is	no longer considered to be a business visitor	1
207	employee	be considered	to be outside Canada	4
208	threshold	required	by R187	1
209	stay of longer than 6 months	be found	to exceed the threshold	1
210	foreign companies	contract	to provide services for them in foreign jurisdictions	1
211	foreign companies	contract	Canadian companies	1
212	they	are contracted	to do in a manner that meets the approval of the foreign company	1
213	foreign company	will send	to ensure that the Canadian company is doing the job	1
214	foreign nationals	may be	in Canada for up to two years	4
215	foreign company	sends	to control or inspect the quality of a product that they have contracted	1
216	foreign company	sends	employee to Canada	4
217	That employee	remains	employee of the foreign company	1
218	That employee	remains	on the payroll of the foreign company	1
219	foreign company's principal place of business	remains	outside Canada	5
220	foreign employee	should receive	consideration as a business visitor as long as	1
221	foreign infrastructure company	is building	new university in the foreign country	1
222	foreign company	contracts	to do the architectural work	4
223	foreign company	contracts	Canadian architectural firm	1
224	foreign company	send	to ensure that the work of the Canadian architectural company is being done according to their standards and desires	5
225	foreign company	wants	to send one or more of their engineers to Canada	4
226	foreign employees	may be	in Canada for up to two years	4
227	They	continue	to be employed by the foreign company	1
228	foreign company	remains	beneficiary of their efforts	1
229	activities	continue	to be directed by the foreign company	1
230	They	continue	to be paid by the foreign company	1
231	employees	should receive	consideration as business visitors as long as	1
232	principal place of business	remains	outside Canada	5
233	fact that they will be in Canada for more than six months	is	irrelevant	4
234	It	applies	only to the official functions of the foreign representative or servant	1
235	they	are issued	no objection letter"	1
236	Family members of persons who have been accredited with diplomatic status	may work	without a permit	3
237	Family members of persons who have been accredited with diplomatic status	may work	Protocol Department of DFAIT	1
238	work	permit	in order to satisfy potential employers that they have the right to work	4
239	countries	designated	under the terms of the Visiting Forces Act	1
240	possession of movement orders	outlining	that they are coming to Canada from countries	4
241	R186	applies	to military and civilian personnel	1
242	d	applies	to military and civilian personnel	1
243	refer to Appendix F. Military personnel	should not be confused	Military Attachés" who are diplomatic agents in diplomatic missions	2
244	accreditation of military personnel	is coordinated	by the Department of National Defence	1
245	civilian components	coming	to Canada under the terms of the Visiting Forces Act as staff or to attend any school or training unit	5
246	Military personnel and civilian components	are considered	on active duty	1
247	They	are	exempt from work or study permits	4
248	Military personnel	designated	under the VFA	1
249	Military personnel	are	also exempt from requirements for a passport under R52, from a temporary resident visa under R190, and from foreign national medical examinations under R30	2
250	exemptions	do not apply	to civilian components or to family members	1
251	Civilian components and family members	are	however, exempt from the temporary resident visa fee R296	1
252	Canada	has concluded	agreements with other nations that provide for periods of employment in each other's territory at the federal or provincial levels	6
253	Officers	come	to work for a department or agency of the Government of Canada or of a province	5
254	They	do not work	for a foreign mission or international organization	1
255	Public Service Commission	outlining	terms of the agreement, which may or may not be reciprocal	3
256	PSC	outlining	terms of the agreement, which may or may not be reciprocal	1
257	Officers at the EX (executive) level of government	should be	in possession of a contract	1
258	PSC involvement	is not required	for positions below the EX level, however, for assignments of longer than three months	1
259	officer	coming	to Canada	4
260	formal letter of agreement	should be signed	by the deputy head of the department, an authority in the officer's organization, and the officer	2
261	they	should be given	temporary resident status for the duration of the contract	1
262	Requests for extension, though not normally required	should be	facilitated	1
263	spouses	may qualify	for an exemption under the Spouses of Skilled Workers Program R205	3
264	types of activities	will require	LMO and work permits	5
265	types of activities according to CIC/HRSDC	meet	requirements of R186	1
266	groups	renting	not entering the labour market	1
267	groups	renting	studios	1
268	guest artist	performing	with a Canadian group	1
269	CIC/HRSDC	considers	that an unlimited number of rehearsals and performances over a two-week period are reasonable	1
270	side	show	workers small	1
271	unlimited number of rehearsals and up to eight performances over a six or seven-week period	qualify	guest artist for inclusion under R186	1
272	foreign national who rehearses and performs with a Canadian orchestra for an entire season, for example	rehearses	Canadian orchestra for an entire season	1
273	foreign national who rehearses and performs with a Canadian orchestra for an entire season, for example	performs	with a Canadian orchestra for an entire season	1
274	foreign national who rehearses and performs with a Canadian orchestra for an entire season, for example	would need	work permit and an LMO	5
275	foreign performing artist	would not be	in an employment relationship if they were merely hired to perform a single concert or short series of concerts	2
276	festival	hired	singer to perform twice in a weekend	1
277	couple	hired	band to perform at their wedding, or a festival	1
278	dinner theatre	hired	to perform five nights a week on a weekly basis	1
279	dinner theatre	hired	foreign singer/dancer	1
280	city	contracted	to do three shows a day in a park for a whole summer	1
281	contracts for short-term 'gigs	would not create	ployment relationship' between an artist and the organization contracting for their services	2
282	performer	is expected	to perform on a regular basis and usually in the same venue	1
283	longer-term contract	would be considered	employment relationship	2
284	Officers	may use	Advanced notification of performing artists IMM 0060B as needed	1
285	they	are not	regulatory requirement	1
286	group	applies	at the same time in the same place	1
287	including a list of the types of establishments	considered	to be "bar, restaurant or similar establishment"	1
288	R186	allows	foreign teams and individuals	1
289	work	permit	for the season	4
290	athlete	wishes	to obtain	1
291	work	permit	guidelines below	4
292	Canadian-based teams	require	work permits	4
293	Professional and semiprofessional coaches, trainers and athletes working	may be	exempt from an LMO pursuant to R205	2
294	they	may be	exempt from an LMO pursuant to R205	1
295	professional or semiprofessional coach	is	worker who earns significant income from coaching - enough to support themselves or, if part-time, contribute a significant portion towards supporting themselves in Canada	5
296	they	are	still 'professionals	1
297	They	may be coaching	amateur athlete, team or club	1
298	foreign athletes	would require	work permit	4
299	Professional teams	include	National and American Hockey Leagues, the Canadian Football League, Major League Baseball and its affiliates at the A, AA and AAA levels, the National Basketball League and the North American Soccer League	2
300	Professional referees	require	work permits and LMOs, except for leagues that have reciprocal arrangements for Canadian referees	5
301	National Hockey League (NHL) referees	are	U.S. citizens or permanent residents	2
302	NHL	are	U.S. citizens or permanent residents	1
303	National Hockey League (NHL) referees	may be issued	work permits pursuant to R205	5
304	National Hockey League (NHL) referees	qualify	for work permits under such a reciprocal arrangement	5
305	NHL	qualify	for work permits under such a reciprocal arrangement	4
306	referees for lower level games or competitions	require	LMO	1
307	Reciprocity	is assumed	for judges and referees at top-level professional competitions	1
308	spouse	permit	pursuant to R205	1
309	spouse	permit	C41	1
310	spouse	is	eligible for an LMO-exempt work	4
311	Professional athletes	are classified	under Skill Level B in the National Occupational Classification, and, as such	1
312	crews	coming	to Canada for the purpose of reporting on events in Canada	4
313	i	applies	to news reporters and their crews	1
314	R186	applies	to news reporters and their crews	1
315	Journalists working for print, broadcast or Internet news service providers (journals, newspapers, magazines, TV shows, etc.)	working	for print, broadcast or Internet news service providers	2
316	company	is not	Canadian	1
317	Journalists working for print, broadcast or Internet news service providers (journals, newspapers, magazines, TV shows, etc.)	are	eligible, provided	1
318	Employees of a foreign news company who are resident correspondents are included	does not include	managerial or clerical personnel	1
319	Managerial and clerical personnel	are included	for special events that are six months or less in duration	1
320	companies	bring	to assist in the media coverage of major sporting events	1
321	companies	bring	in blimps such as the "Goodyear Blimp"	1
322	it	is	in Canada	4
323	landing crew	enters	by land in order to set up the specialized equipment necessary for the safe operation of the blimp	1
324	members of this landing crew	should be treated	as part of the broadcast crew for the purposes of entry into Canada, and require no work permit	9
325	Media crews (including writers, print, video, film and broadcast journalists, as well as technicians such as camera operators)	producing	travelogues, documentaries or tourism promotional material	1
326	Media crews (including writers, print, video, film and broadcast journalists, as well as technicians such as camera operators)	require	work permits	4
327	officers	are reminded	to begin their assessment by reviewing the definition of work	4
328	foreign media crews on tourism promotional tours	may not be entering	Canadian labour market	1
329	Foreign media crews	will require	work permits	4
330	They	should be assessed	against R205	1
331	requirements	listed	below for media crews	1
332	Media crews not meeting the conditions of Business Visitor or C10	must continue	apply for work permits	5
333	Media crews not meeting the conditions of Business Visitor or C10	must continue	to obtain LMOs	2
334	appropriate sponsoring organization	representing	employer	1
335	appropriate sponsoring organization	representing	to obtain the necessary approval from the local Service Canada office for any job offers	6
336	It	is	responsibility of the appropriate sponsoring organization	1
337	Media crews	not meeting	above conditions	1
338	Media crews	must obtain	work permits and LMOs	4
339	appropriate sponsoring organization	representing	employer	1
340	appropriate sponsoring organization	representing	to obtain the necessary approval for any job offers	1
341	It	is	responsibility of the appropriate sponsoring organization	1
342	three-week lead-time	determine	availability of suitably qualified workers	1
343	Sponsoring agencies in Canada	are expected	to undertake reasonable efforts to identify the availability of suitably qualified Canadians and/or permanent residents, with SC assistance where necessary	4
344	foreign speaker	entering	under this provision	1
345	seminar to be given by the foreign speaker	does not last	longer than five days	1
346	R186	includes	both guest speakers for specific events	1
347	seminar	is defined	as a small class at a university, etc. for discussion and research, or a short intensive course of study, or a conference of specialists	2
348	Commercial speakers	are	people who sell tickets or registrations to people who come to hear	1
349	Commercial speakers	have	vested interest in the event at which they are speaking	1
350	they	rent	commercial space in a hotel, advertise, charge admission, deliver the event and then leave Canada	4
351	they	are doing	this for no more than five days on one trip	1
352	they	can enter	under R186	1
353	speaker	is speaking	to multiple groups	1
354	duration of the speaking events	not counting	travel time in the case of multiple engagements	1
355	duration of the speaking events	is	no more than five days	1
356	This regulation	covers	situations	1
357	other entry options	must be explored	including HRSDC LMOs or the NAFTA Professional category which allows for professionals to provide training services under some circumstances	3
358	persons	organizing	convention or conference	1
359	R186	applies	to persons organizing a convention or conference, and to administrative support staff of the organizing committee	1
360	types of event which are covered	are	association and corporate meetings and congresses, incentive meetings, trade shows or exhibitions and consumer exhibitions/shows	1
361	It	should be noted	does not apply to "hands on" service providers such as those who provide	1
362	Convention organizers	working	for a Canadian event	1
363	Convention organizers	can not receive	consideration under R186	1
364	one	being held	by an organization which is located in Canada	4
365	Canadian event	is	one	1
366	organization	doing	business in Canada	5
367	Canadian event	may be conducted	by a branch or a subsidiary of a foreign based organization	1
368	Persons/delegates	attending	conference or meeting are exempt from the requirement for a work	4
369	Persons/delegates	permit	pursuant to R186	1
370	R186	applies	to persons whose employment will consist mainly of preaching of doctrine, presiding at liturgical functions or providing spiritual counselling, either	2
371	Persons	seeking	entry under the authority of R186	1
372	Persons	provide	to support their request for entry that addresses: - the genuineness of the offer of employment of the religious denomination that seeks to employ them, and - their ability to minister to a congregation under the auspices of that religious denomination	2
373	Persons	provide	documentation	1
374	Persons	should be	able	1
375	officers	may require	more information to assess the genuineness of the job offer	1
376	Any of the following information	may be	of assistance: - Certificate of Incorporation in the province or territory of destination	1
377	Most religions	will be registered	as charities or non profit organizations under the Income Tax Act and also under provincial or territorial laws	1
378	Processing work	is	clergy, ministers, priests	4
379	foreign national	work	under R186	1
380	foreign national	applies	to a mission or a POE for a work permit	4
381	Processing work	permit	applications from religious workers	5
382	application	must be considered	under R200	1
383	exemption	described	C50	1
384	exemption	applies	to charitable or religious workers who are carrying out duties for a Canadian religious or charitable organization	4
385	officers at missions or POEs	should refuse	application	1
386	officers at missions or POEs	should refuse	applicable	1
387	application for a work permit	is submitted	without an LMO	5
388	Applicants	are	refused a work permit overseas or at a POE	1
389	they	have obtained	LMO	1
390	they	enter	Canada	4
391	work	permit	under R199	4
392	they	may work	in Canada without a work permit under R186	8
393	Religious workers	were	initially authorized to preach doctrine or minister to a congregation pursuant to R186	1
394	Religious workers	are	in Canada	5
395	Religious workers	may apply	to CPC-V under R199	1
396	Religious workers	may apply	for work permits	5
397	applicant	does not have	LMO	1
398	R186	applies	to judges, referees and similar officials involved in international sporting events, generally organized by an international amateur sporting association and hosted by a Canadian organization	1
399	Events	may include	international or university games	1
400	winter or summer Olympics	are	judges for animal shows and agricultural competitions	1
401	winter or summer Olympics	are	also included	1
402	work	done	by students that are under their tutelage	4
403	Eminent individuals	review	work	4
404	Eminent individuals	direct	studies	1
405	Canada	review	student's thesis and papers	4
406	Eminent individuals	will	occasion	1
407	R186	seeking entry	to evaluate academic programs or research proposals	1
408	R186	includes	seeking entry	1
409	R186	includes	foreign professors and researchers	1
410	R186	includes	including evaluation of proposals from organizations such as the Natural Sciences and Engineering Research Council of Canada	5
411	R186	are entering	persons who will be expert witnesses before a regulatory body, tribunal or court of law	1
412	Foreign students	registered	at foreign educational institutions outside Canada	4
413	Foreign students	may do	clinical clerkships or short-term practicums in Canada	4
414	Written permission from the body that regulates the particular health field	is required	in order to ensure that Canadian health care students are placed for clinical practice first	2
415	primary purpose of the practicum	must be	to acquire training	1
416	positions	should not be	of more than four months' duration	1
417	positions	be	unpaid	1
418	Foreign students in residency, extern or fellowship positions in Canadian clinical settings	are not included	in this exemption	2
419	clinical learning opportunity	known	as Externship	1
420	medical extern	is	doctor or medical student	1
421	Externships	are	generally offered by educational institutions to give students short practical experiences in their field of study	1
422	it	refers	to a visiting physician who is not part of the regular staff	1
423	patients - Perform some procedures	can not write	formal orders	1
424	externs: - Have some extent of contact	do not receive	academic credit for the externship Further to consultation with provincial Colleges of Physicians and Surgeons	1
425	medical students	destined	to specific provinces	1
426	Physicians & Surgeons	required	Acceptance from university in B.C. sufficient	1
427	medical students	destined	to Ontario	1
428	Letter from College of Physicians & Surgeons	does not wish	to be involved For medical students	1
429	foreign health students	working	in medical teaching institutions in Ontario	1
430	it	does not object	to foreign health students	1
431	College of Physicians and Surgeons in Ontario	has informed	CIC	1
432	This non-involvement	can be interpreted	as approval from the regulatory body, which will enable visa officers to process the application without written approval for each case	2
433	student	is seeking	to enter Canada	4
434	POE	is	aware that the matter of 'approval from a regulatory body' has been explored	1
435	that university acceptance	is	sufficient	1
436	no involvement from the regulatory body for this occupation	has been interpreted	as the required approval	1
437	CAIPS	should reflect	position of 'no objection' and the rationale, so	1
438	Notes in the Computer-Assisted Immigration Processing System (CAIPS) for approved cases	should reflect	position of 'no objection' and the rationale, so	1
439	medical students	destined	to British Columbia	1
440	College of Physicians and Surgeons in British Columbia	has advised	CIC that the College licenses all/all foreign medical students who arrive under R186	1
441	College and the universities	have	special procedures in place that are strictly adhered to	1
442	Acceptance by the university	is	sufficient proof that the College has given approval	1
443	medical students	destined	to Alberta	1
444	undergraduate medical students	doing	electives in Alberta the same as out of province undergraduates	1
445	College of Physicians and Surgeons of Alberta	has advised	that it treats	1
446	university	requires	of them	1
447	They	register	with the undergraduate elective office at either the University of Alberta or the University of Calgary, which then provides applicants with all the information the university requires of them and also provides them with the College's undergraduate elective application for registration	2
448	College of Physicians and Surgeons	finalize	registration	1
449	entire process	is handled	through the university, which then notifies	1
450	Edmonton or Calgary	is	sufficient evidence of approval by the regulatory body, that is, the Alberta College of Physicians and Surgeons	1
451	proof of acceptance by a university in Alberta	is	sufficient evidence of approval by the regulatory body, that is, the Alberta College of Physicians and Surgeons	1
452	medical students	destined	to other provinces and territories	1
453	College of Physicians and Surgeons for that province	has not provided	student with written approval	1
454	province or territory	has elected	to be involved in health care student practicums for international students	1
455	visa office	has elected	in determining	1
456	visa office	should contact	International Region	2
457	visa office	should contact	IR	1
458	visa office	should contact	/ Operational Coordination	1
459	this type of work	are required	to pass an immigration medical exam according to R30	5
460	R186	applies	to flight operations inspectors and cabin safety inspectors who enter the country temporarily while inspecting safety procedures on commercial international flights	1
461	recognized aeronautical authority	conducting	inspections	1
462	that they are aviation inspectors	carrying out	inspection duties	1
463	inspectors	would be	in possession of valid documentation and/or identification establishing that they are aviation inspectors	1
464	inspectors	are employed	by the recognized aeronautical authority	1
465	aviation accident or incident investigation	conducted	under the authority of the Canadian Transportation Accident Investigation and Safety Board Act	2
466	accredited representatives or advisors	participating	in an aviation accident or incident investigation	1
467	R186	applies	to accredited representatives or advisors	1
468	country	conducting	investigation to provide information, facilities, or experts	1
469	Any country	is requested	by the country	1
470	accredited representative and one or more advisors	assist	accredited representative in the investigation	1
471	Any country	is entitled	to appoint	1
472	duties	must be related	to the operation of the means of transportation or the provision of services to passengers	1
473	Foreign truck drivers	involved	in international hauling	1
474	Foreign truck drivers	become	involved in the loading and unloading of their cargo	1
475	Foreign truck drivers	become	picked up in Canada for direct movement to the United States	4
476	drivers	have	expertise in the handling of loads such as chemicals, furniture, livestock, etc.	1
477	drivers	unloading	of their vehicles	1
478	drivers	are	responsible for the loading	1
479	movers	offloading	furniture to a house at the end of an international move	1
480	drivers	assist	in the handling of their cargo in a non-warehouse situation	1
481	no other assistance	is	available	1
482	practices and exceptions	prevail	on both sides of the U.S./Canada border	5
483	Foreign truck drivers	pick up	goods in Canada for delivery to the United States	4
484	Foreign truck drivers	are operating	Canadian owned and registered vehicles	1
485	Foreign truck drivers	are employed	by Canadian trucking companies	1
486	both the company and vehicle	are	Canadian	1
487	Foreign truck drivers	can not receive	consideration under R186	1
488	independent foreign truckers	working	under contract to Canadian trucking companies	1
489	they	are being employed	by a Canadian company	1
490	American company executive	stopping over	to pick up another meeting participant	1
491	American company executive	stopping over	in Montreal	1
492	American company executive	is travelling	aboard the company's aircraft from the U.S. to Toronto for a meeting	2
493	aircraft	being engaged	primarily in international transportation	1
494	aircraft	would meet	definition	1
495	following scenario	would qualify	under R186	1
496	travel of the additional meeting participant from Montreal	can be considered	noncommercial", "non-paying" and incidental to the purpose of the trip of the American executive	1
497	pilot	would not require	work permit	4
498	that the aircraft must be a corporate aircraft	owned	leased by the corporation specifically for the transport of company personnel on company business	2
499	key element of this scenario	is	that the aircraft must be a corporate aircraft	1
500	It	may not be	charter aircraft or a commercially available flight	1

1

Work without a work

permit

h

4

2

Work without a work

permit

. Wo

4

3

Work without a work

permit

k

4

Work without a work

permit

. Wo

4

5

Work without a work

permit

m

4

6

Work without a work

permit

. Wo

4

7

Work without a work

permit

q

4

8

Work without a work

permit

. Wo

4

9

Work without a work

permit

R186

4

10

Work without a work

permit

. Wo

4

11

Work

permits

requiring a Labour Market Opinion

4

12

Work

permits

. Wo

4

13

Agreements

-

R204

1

14

Canadian interests: Significant

benefit-general

guidelines R205

1

15

Canadian interests: Significant

benefit-general

. Ca

1

16

Categories of

work

with validity periods which may not be exceeded ...

1

17

Joint

confirmation

procedures

1

18

Countries

served

by MICC

1

19

Camp

counsellors

in training

1

20

Foreign

camp

owner or director

2

21

Section 5.24 - Application for a work permit after entry R199

added

clarification to second bullet

6

22

additional text

was added

to clarify limits when assessing level of ability for the job

1

23

Clarification

was added

to the fourth bullet i.e.

1

24

Section 6 - Determining the expiry date of work permits relative to dates on LMOs

changed

title of section to "LMO Validity and Duration of Employment as per the LMO" - Updates from OB 152 included

10

25

work permit

will be authorized

for a period of 24 months

4

26

Added tip at end of section on issuing work permits for longer duration periods Section 5.1 - Overview - definition of 'work

was clarified

to be consistent with R2 wording

6

27

FNs

should apply

at a visa office

1

28

Clarification

was added

to the second bullet regarding medicals

1

29

new FTAs

coming

into effect in addition to the NAFTA and Appendix B

1

30

Section 11.2 - Categories of work with validity periods which may not be exceeded

updated

table to support new FTAs coming into effect in addition to the NAFTA and Appendix B - Canada-Chile Free Trade Agreement - Changed title to "International Free Trade Agreements"

8

31

Work

permits

requiring HRSDC confirmation R203 - Modifications to Low Skilled Pilot instructions

5

32

students

not included

in this exemption Section 5.22 - Departmental Policy: Work without a permit R186

7

33

it

applies

to foreign students

1

34

this exemption

applies

Section 13.2

2

35

this exemption

applies

Appendix E

2

36

Charitable or religious work

r205

C50 - Further definition of when this exemption applies Section 13.2 - More guidelines for unique situations: Camp counsellors - Further definition

4

37

guidelines regarding off-campus employment pilot projects

have been replaced

by a new set of instructions for the national Off-Campus Work Permit Program for International Students

8

38

required for the work

permit

exemption

5

39

guidelines regarding personal employees of non-residents

have been clarified

to provide a clearer focus on whether the worker is 'predominantly outside Canada

5

40

Notification

has been added

that HRSDC has extended the national labour market opinion for Canada Research Chair positions to July 2007

6

41

directors

entering

Canada

4

42

Slight modifications to the performing artist guidelines

have been made

addition of guidelines regarding "time-limited engagement

1

43

work permit at the POE

have been amended

to reflect the August 2004 regulatory change

4

44

work permit in Canada

have been amended

to reflect the August 2004 regulatory change

8

45

existing work permit holders

applying

at the POE

4

46

guidelines

have been added

regarding existing work permit holders

4

47

Fulbright Program between Canada and the United States

was added

to the list of international agreements

6

48

Other agreements

were removed

from the list

1

49

intra-company transferee

does not have

to be a current employee of the company

1

50

transferee

must have worked

for the company for one year during the three-year period

1

51

Various modifications

were made

to C43, post-graduation employment provisions, including an allowance for part-time and self-employment

2

52

note

regarding

issuance and coding

1

53

Additional instructions

have been included

in a note

1

54

Sections 9.5, and 10.1

should be noted

on the work permit, but not the client's medical condition which determined the restriction

4

55

Any medical restriction

should be noted

on the work permit, but not the client's medical condition which determined the restriction

4

56

Guidelines regarding the interpretation of "bar, restaurant, or similar establishment"

have been added

guidelines regarding festivals and WWE camera operators

1

57

FAC circular notice regarding household domestic workers

was replaced

with Circular Note No.

1

58

major change

is

removal of the requirement for these workers to be functional in one of Canada's official languages

5

59

Additions

have been made

to sections 5.26 and 5.39

1

60

new sections

provide

guidelines for issuing work permits to certain international students under pilot projects for off-campus work and extensions of post-graduation employment

6

61

Section 5.39

includes

instructions in Section C for processing applications for one-year extensions of post-graduation work permits under pilot projects with certain provinces

7

62

new section

has been created

at the end of 5.39

1

63

new section

has been created

to provide instructions on issuing work permits for off-campus work to international students under pilot projects with certain provinces

6

64

Amendments

have been made

to sections 5.27, 5.30

1

65

Amendments

have been made

Manual

1

66

changes

are

all in respect to provisions for the issuance of work permits to provincial nominee candidates and their spouses

4

67

Section 5.27

provides

for the issuance of a work permit, without requiring an LMO from HRSDC, to any applicant who has been nominated for permanent residence by a province

8

68

foreign nationals

being considered

for provincial nomination on the basis of their intention to undertake business activity in the province

1

69

Section 5.30

contains

provisions for the issuance of work permits to foreign nationals

6

70

Section 5.39

provides

for the issuance of open temporary work permits to spouses of provincial nominees who hold valid work permits, irrespective of the skills category under which the nominees' occupation falls

6

71

All staff

have

responsibilities for the issuance of temporary work permits

4

72

All staff

are urged

to review these new sections

1

73

all other relevant provisions of the FW manual with respect to the issuance of work permits

continue

to apply

4

74

staff

should keep

in mind

1

75

minor correction

has been made

to the FW manual, Appendix G: North American Free Trade Agreement, Annex A, University, College and Seminary Teachers

3

76

issued letters of acceptance

was eliminated

formerly #3 on the list

1

77

no approval structure

was

is in place

1

78

guest artists

coming

to perform on Canadian television or radio, and the World Wrestling Entertainment

1

79

Paragraphs

were added

on guest artists

1

80

This chapter

explains

Regulations and CIC policy with respect to temporary foreign workers

2

81

It

provides

guidelines that will assist officers in interpreting the Regulations and explain the programs that fit under these Regulations

2

82

Regulations

specify

that the worker class is a class of persons who may become temporary residents

2

83

worker

may be authorized

to work by the issuance of a work permit pursuant to Part 11 of the Regulations

5

84

worker

may be authorized

to work without a work permit R186

5

85

Work

is defined

in the Regulations as an activity for which wages are paid or commission is earned

4

86

employee, remuneration or commission

received

for fulfilling a service contract

2

87

wages

paid

by an employer to an employee, remuneration or commission

1

88

foreign national

receives

payment for performing a service

1

89

Officers

should consider

there is entry into the labour market

2

90

they

be doing

activity that a Canadian or permanent resident should really have an opportunity to do

1

91

they

be engaging

in a business activity that is competitive in the marketplace

1

92

foreign national

intends

to engage in a competitive activity, which would be considered "work"

4

93

person

be

part-time or incidental to the reason that the person is in Canada

4

94

person

would not compete

directly with Canadian citizens or Permanent Residents in the Canadian labour market

1

95

person

is not

competitive activity

1

96

person

is visiting

Canada

4

97

work

is

really incidental to the main reason

4

98

tourist

wishes

to stay on a family farm and work part time just for room and board for a short period

5

99

tourist

wishes

stay

1

100

this person

would not be considered

worker

1

101

work

permit

in R186

4

102

we

do not consider

activities

1

103

we

do not consider

to be work

4

104

We

recognize

that there may be overlap in activities

1

105

foreign national

is authorized

to do without having to obtain a work permit

4

106

R186 and R187

describe

types of work

4

107

general rule

is

that a foreign national must apply outside Canada for their work permit, however

8

108

work permit

may be obtained

at the POE or within Canada, respectively

8

109

R198 and R199

describe

situations

1

110

R200

provides

authority for the issuance of a work permit

4

111

R200

outlines

all of the criteria

1

112

R203 to R209

provide

eligibility criteria

1

113

R187

defines

criteria for entry as a business visitor

2

114

This broad category

parallels

NAFTA business visitor criteria

2

115

This broad category

facilitates

entry of persons to Canada who intend to engage in business or trade activities

6

116

R187

provides

specific examples, which are meant to be illustrative

1

117

See Appendix G) R187

provides

general criteria that must be met

1

118

persons

providing

after-sales service

1

119

Included in this category

are

persons

1

120

Setting up

does not include

hands-on installation generally

1

121

Setting up

performed

by construction or building trades

1

122

service

is being performed

as part of the original or extended sales agreement, lease agreement, warranty, or service contract

3

123

specialized equipment

purchased

leased outside Canada, provided

4

124

persons

seeking

entry to repair or service specialized equipment

1

125

R187

applies

to persons

1

126

companies

purchase

specialized equipment or machinery that is controlled by computers

1

127

computers in turn

interact

with this hardware through software, robotics for example

1

128

manufacturer of the equipment

sell

this upgraded software to the customer

1

129

manufacturer of the equipment

upgrade

software that provides enhancements to the previously sold hardware and subsequently

1

130

sales agreement or purchase order

is

to operate previously sold equipment

1

131

sales agreement or purchase order

is

for a software upgrade

1

132

service person

install

configure, or give training on the upgraded software

2

133

service person

coming

to Canada

5

134

long as the after sales service activity

is

clearly articulated in the new sales agreement or purchase order

2

135

service person

should receive

consideration as a business visitor

2

136

After-sales service

includes

situations

1

137

sales agreement or purchase order for upgraded software

is

new contract for a new product

2

138

fact that the upgraded software will be used to operate older equipment that may no longer be under warranty or under a service agreement

is

irrelevant

2

139

Service personnel

perform

service work on equipment or machinery that is either out of warranty, or where no service contract exists

7

140

Service personnel

continue

to require an LMO and a work permit

6

141

Service contracts

be

extension of the original agreement

2

142

Service contracts

must have been negotiated

as part of the original sales or lease agreements

2

143

signing of the sales or lease agreement

are not covered

by this exemption

2

144

Service contracts

negotiated

with third parties

1

145

third company

will be contracted

to service the equipment

1

146

original sales agreement

indicates

that a third company has been

1

147

work

is not covered

under a warranty

4

148

Canadian employer

contracted

for services from a foreign company

1

149

foreign company

performing

services for the Canadian company

1

150

This situation

arises

most often in the context of NAFTA

1

151

they

receiving

remuneration from a Canadian source

1

152

service provider

is not

to be considered a business visitor simply

2

153

that foreign employer

is receiving

payment for the service that is being provided

1

154

it

is deemed

that the worker is receiving payment from a Canadian source

1

155

worker

can not receive

consideration as a business visitor

2

156

American architectural firm

located

in the U.S.

1

157

Canadian airport

engages

services of an American architectural firm

1

158

American architectural firm

sends

to work on the project on site

1

159

American architectural firm

sends

one or more of their architects to Canada

4

160

American employer

is receiving

payment for their services

1

161

architects

are working

in Canada

4

162

architects

can not receive

consideration as business visitors

1

163

architects

do not meet

business visitor criteria

1

164

U.S.

based

company

2

165

U.S.

provides

marine maps and computer software to commercial and private mariners, including sports fishermen

1

166

U.S. company

has

no subsidiaries or affiliates in Canada

5

167

company

wants

to map the Lake of the Woods, most of which is in Canada

4

168

company

wants

using sophisticated marine mapping devices

1

169

end product

will be

marine maps and computer software

1

170

products

will be

commercially available to anyone who wants to purchase them

1

171

company

needs

to send two of their employees along with a boat load of this equipment to circumnavigate the Lake of the Woods, take depth and other readings, and return to the U.S. with their findings

2

172

findings

be used

to produce the marine maps and computer software

1

173

U.S. company

will be

direct beneficiary of the foreign worker's efforts

3

174

business visitor criteria

are

satisfied

1

175

persons

providing

service under NAFTA

2

176

all business visitors

do

after-sales service for work periods of longer than two days

6

177

all business visitors

must be documented

on a Visitor Record

1

178

This requirement

serves

both as a facilitation and a control measure

1

179

specialized machinery

purchased

leased outside Canada

4

180

equipment or machinery

purchased

in Canada for relocation outside Canada

4

181

Canada

supervise

installation of specialized machinery

4

182

Canada

supervise

to supervise the dismantling of equipment or machinery

4

183

This provision

covers

persons who enter

1

184

one supervisor

be expected

to supervise five to ten installers or other workers

1

185

It

covers

intra-company trainers and trainees

1

186

person

is coming

to provide training or installation of equipment for a branch or subsidiary company

1

187

they

are considered

to be business visitors

1

188

foreign national

be paid

by the Canadian branch above expenses

1

189

foreign national

should maintain

position in their home branch and not

1

190

service

is provided

company-wide and not just for the Canadian office

2

191

This provision

apply

to a trainer or specialized installer under an after-sales contract by the foreign branch

1

192

person

attending

meeting as a member of a board of directors

1

193

person

may enter

as a business visitor

1

194

people

attend

quarterly meetings

1

195

They

charged

to govern an organization or corporation by

1

196

They

charged

example: - selecting and appointing a chief executive officer

1

197

They

charged

governing the organization by setting broad policies and objectives

1

198

They

charged

accounting to shareholders for products, services and expenditures

1

199

board member

may be

well remunerated for their advice and expertise

1

200

they

are considered

to be business visitors under R187

1

201

domestic servant

meet

business visitor criteria in R187

2

202

Persons

employed

in a personal capacity on a full-time basis by short term temporary residents, for example

1

203

employee

considered

to be working predominantly outside Canada or their employee's primary source of remuneration

4

204

visiting employer

extends

stay in Canada such

4

205

personal employee

may be required

to seek a work permit and an LMO to continue working

5

206

personal employee

is

no longer considered to be a business visitor

1

207

employee

be considered

to be outside Canada

4

208

threshold

required

by R187

1

209

stay of longer than 6 months

be found

to exceed the threshold

1

210

foreign companies

contract

to provide services for them in foreign jurisdictions

1

211

foreign companies

contract

Canadian companies

1

212

they

are contracted

to do in a manner that meets the approval of the foreign company

1

213

foreign company

will send

to ensure that the Canadian company is doing the job

1

214

foreign nationals

may be

in Canada for up to two years

4

215

foreign company

sends

to control or inspect the quality of a product that they have contracted

1

216

foreign company

sends

employee to Canada

4

217

That employee

remains

employee of the foreign company

1

218

That employee

remains

on the payroll of the foreign company

1

219

foreign company's principal place of business

remains

outside Canada

5

220

foreign employee

should receive

consideration as a business visitor as long as

1

221

foreign infrastructure company

is building

new university in the foreign country

1

222

foreign company

contracts

to do the architectural work

4

223

foreign company

contracts

Canadian architectural firm

1

224

foreign company

send

to ensure that the work of the Canadian architectural company is being done according to their standards and desires

5

225

foreign company

wants

to send one or more of their engineers to Canada

4

226

foreign employees

may be

in Canada for up to two years

4

227

They

continue

to be employed by the foreign company

1

228

foreign company

remains

beneficiary of their efforts

1

229

activities

continue

to be directed by the foreign company

1

230

They

continue

to be paid by the foreign company

1

231

employees

should receive

consideration as business visitors as long as

1

232

principal place of business

remains

outside Canada

5

233

fact that they will be in Canada for more than six months

is

irrelevant

4

234

It

applies

only to the official functions of the foreign representative or servant

1

235

they

are issued

no objection letter"

1

236

Family members of persons who have been accredited with diplomatic status

may work

without a permit

3

237

Family members of persons who have been accredited with diplomatic status

may work

Protocol Department of DFAIT

1

238

work

permit

in order to satisfy potential employers that they have the right to work

4

239

countries

designated

under the terms of the Visiting Forces Act

1

240

possession of movement orders

outlining

that they are coming to Canada from countries

4

241

R186

applies

to military and civilian personnel

1

242

d

applies

to military and civilian personnel

1

243

refer to Appendix F. Military personnel

should not be confused

Military Attachés" who are diplomatic agents in diplomatic missions

2

244

accreditation of military personnel

is coordinated

by the Department of National Defence

1

245

civilian components

coming

to Canada under the terms of the Visiting Forces Act as staff or to attend any school or training unit

5

246

Military personnel and civilian components

are considered

on active duty

1

247

They

are

exempt from work or study permits

4

248

Military personnel

designated

under the VFA

1

249

Military personnel

are

also exempt from requirements for a passport under R52, from a temporary resident visa under R190, and from foreign national medical examinations under R30

2

250

exemptions

do not apply

to civilian components or to family members

1

251

Civilian components and family members

are

however, exempt from the temporary resident visa fee R296

1

252

Canada

has concluded

agreements with other nations that provide for periods of employment in each other's territory at the federal or provincial levels

6

253

Officers

come

to work for a department or agency of the Government of Canada or of a province

5

254

They

do not work

for a foreign mission or international organization

1

255

Public Service Commission

outlining

terms of the agreement, which may or may not be reciprocal

3

256

PSC

outlining

terms of the agreement, which may or may not be reciprocal

1

257

Officers at the EX (executive) level of government

should be

in possession of a contract

1

258

PSC involvement

is not required

for positions below the EX level, however, for assignments of longer than three months

1

259

officer

coming

to Canada

4

260

formal letter of agreement

should be signed

by the deputy head of the department, an authority in the officer's organization, and the officer

2

261

they

should be given

temporary resident status for the duration of the contract

1

262

Requests for extension, though not normally required

should be

facilitated

1

263

spouses

may qualify

for an exemption under the Spouses of Skilled Workers Program R205

3

264

types of activities

will require

LMO and work permits

5

265

types of activities according to CIC/HRSDC

meet

requirements of R186

1

266

groups

renting

not entering the labour market

1

267

groups

renting

studios

1

268

guest artist

performing

with a Canadian group

1

269

CIC/HRSDC

considers

that an unlimited number of rehearsals and performances over a two-week period are reasonable

1

270

side

show

workers small

1

271

unlimited number of rehearsals and up to eight performances over a six or seven-week period

qualify

guest artist for inclusion under R186

1

272

foreign national who rehearses and performs with a Canadian orchestra for an entire season, for example

rehearses

Canadian orchestra for an entire season

1

273

foreign national who rehearses and performs with a Canadian orchestra for an entire season, for example

performs

with a Canadian orchestra for an entire season

1

274

foreign national who rehearses and performs with a Canadian orchestra for an entire season, for example

would need

work permit and an LMO

5

275

foreign performing artist

would not be

in an employment relationship if they were merely hired to perform a single concert or short series of concerts

2

276

festival

hired

singer to perform twice in a weekend

1

277

couple

hired

band to perform at their wedding, or a festival

1

278

dinner theatre

hired

to perform five nights a week on a weekly basis

1

279

dinner theatre

hired

foreign singer/dancer

1

280

city

contracted

to do three shows a day in a park for a whole summer

1

281

contracts for short-term 'gigs

would not create

ployment relationship' between an artist and the organization contracting for their services

2

282

performer

is expected

to perform on a regular basis and usually in the same venue

1

283

longer-term contract

would be considered

employment relationship

2

284

Officers

may use

Advanced notification of performing artists IMM 0060B as needed

1

285

they

are not

regulatory requirement

1

286

group

applies

at the same time in the same place

1

287

including a list of the types of establishments

considered

to be "bar, restaurant or similar establishment"

1

288

R186

allows

foreign teams and individuals

1

289

work

permit

for the season

4

290

athlete

wishes

to obtain

1

291

work

permit

guidelines below

4

292

Canadian-based teams

require

work permits

4

293

Professional and semiprofessional coaches, trainers and athletes working

may be

exempt from an LMO pursuant to R205

2

294

they

may be

exempt from an LMO pursuant to R205

1

295

professional or semiprofessional coach

is

worker who earns significant income from coaching - enough to support themselves or, if part-time, contribute a significant portion towards supporting themselves in Canada

5

296

they

are

still 'professionals

1

297

They

may be coaching

amateur athlete, team or club

1

298

foreign athletes

would require

work permit

4

299

Professional teams

include

National and American Hockey Leagues, the Canadian Football League, Major League Baseball and its affiliates at the A, AA and AAA levels, the National Basketball League and the North American Soccer League

2

300

Professional referees

require

work permits and LMOs, except for leagues that have reciprocal arrangements for Canadian referees

5

301

National Hockey League (NHL) referees

are

U.S. citizens or permanent residents

2

302

NHL

are

U.S. citizens or permanent residents

1

303

National Hockey League (NHL) referees

may be issued

work permits pursuant to R205

5

304

National Hockey League (NHL) referees

qualify

for work permits under such a reciprocal arrangement

5

305

NHL

qualify

for work permits under such a reciprocal arrangement

4

306

referees for lower level games or competitions

require

LMO

1

307

Reciprocity

is assumed

for judges and referees at top-level professional competitions

1

308

spouse

permit

pursuant to R205

1

309

spouse

permit

C41

1

310

spouse

is

eligible for an LMO-exempt work

4

311

Professional athletes

are classified

under Skill Level B in the National Occupational Classification, and, as such

1

312

crews

coming

to Canada for the purpose of reporting on events in Canada

4

313

i

applies

to news reporters and their crews

1

314

R186

applies

to news reporters and their crews

1

315

Journalists working for print, broadcast or Internet news service providers (journals, newspapers, magazines, TV shows, etc.)

working

for print, broadcast or Internet news service providers

2

316

company

is not

Canadian

1

317

Journalists working for print, broadcast or Internet news service providers (journals, newspapers, magazines, TV shows, etc.)

are

eligible, provided

1

318

Employees of a foreign news company who are resident correspondents are included

does not include

managerial or clerical personnel

1

319

Managerial and clerical personnel

are included

for special events that are six months or less in duration

1

320

companies

bring

to assist in the media coverage of major sporting events

1

321

companies

bring

in blimps such as the "Goodyear Blimp"

1

322

it

is

in Canada

4

323

landing crew

enters

by land in order to set up the specialized equipment necessary for the safe operation of the blimp

1

324

members of this landing crew

should be treated

as part of the broadcast crew for the purposes of entry into Canada, and require no work permit

9

325

Media crews (including writers, print, video, film and broadcast journalists, as well as technicians such as camera operators)

producing

travelogues, documentaries or tourism promotional material

1

326

Media crews (including writers, print, video, film and broadcast journalists, as well as technicians such as camera operators)

require

work permits

4

327

officers

are reminded

to begin their assessment by reviewing the definition of work

4

328

foreign media crews on tourism promotional tours

may not be entering

Canadian labour market

1

329

Foreign media crews

will require

work permits

4

330

They

should be assessed

against R205

1

331

requirements

listed

below for media crews

1

332

Media crews not meeting the conditions of Business Visitor or C10

must continue

apply for work permits

5

333

Media crews not meeting the conditions of Business Visitor or C10

must continue

to obtain LMOs

2

334

appropriate sponsoring organization

representing

employer

1

335

appropriate sponsoring organization

representing

to obtain the necessary approval from the local Service Canada office for any job offers

6

336

It

is

responsibility of the appropriate sponsoring organization

1

337

Media crews

not meeting

above conditions

1

338

Media crews

must obtain

work permits and LMOs

4

339

appropriate sponsoring organization

representing

employer

1

340

appropriate sponsoring organization

representing

to obtain the necessary approval for any job offers

1

341

It

is

responsibility of the appropriate sponsoring organization

1

342

three-week lead-time

determine

availability of suitably qualified workers

1

343

Sponsoring agencies in Canada

are expected

to undertake reasonable efforts to identify the availability of suitably qualified Canadians and/or permanent residents, with SC assistance where necessary

4

344

foreign speaker

entering

under this provision

1

345

seminar to be given by the foreign speaker

does not last

longer than five days

1

346

R186

includes

both guest speakers for specific events

1

347

seminar

is defined

as a small class at a university, etc. for discussion and research, or a short intensive course of study, or a conference of specialists

2

348

Commercial speakers

are

people who sell tickets or registrations to people who come to hear

1

349

Commercial speakers

have

vested interest in the event at which they are speaking

1

350

they

rent

commercial space in a hotel, advertise, charge admission, deliver the event and then leave Canada

4

351

they

are doing

this for no more than five days on one trip

1

352

they

can enter

under R186

1

353

speaker

is speaking

to multiple groups

1

354

duration of the speaking events

not counting

travel time in the case of multiple engagements

1

355

duration of the speaking events

is

no more than five days

1

356

This regulation

covers

situations

1

357

other entry options

must be explored

including HRSDC LMOs or the NAFTA Professional category which allows for professionals to provide training services under some circumstances

3

358

persons

organizing

convention or conference

1

359

R186

applies

to persons organizing a convention or conference, and to administrative support staff of the organizing committee

1

360

types of event which are covered

are

association and corporate meetings and congresses, incentive meetings, trade shows or exhibitions and consumer exhibitions/shows

1

361

It

should be noted

does not apply to "hands on" service providers such as those who provide

1

362

Convention organizers

working

for a Canadian event

1

363

Convention organizers

can not receive

consideration under R186

1

364

one

being held

by an organization which is located in Canada

4

365

Canadian event

is

one

1

366

organization

doing

business in Canada

5

367

Canadian event

may be conducted

by a branch or a subsidiary of a foreign based organization

1

368

Persons/delegates

attending

conference or meeting are exempt from the requirement for a work

4

369

Persons/delegates

permit

pursuant to R186

1

370

R186

applies

to persons whose employment will consist mainly of preaching of doctrine, presiding at liturgical functions or providing spiritual counselling, either

2

371

Persons

seeking

entry under the authority of R186

1

372

Persons

provide

to support their request for entry that addresses: - the genuineness of the offer of employment of the religious denomination that seeks to employ them, and - their ability to minister to a congregation under the auspices of that religious denomination

2

373

Persons

provide

documentation

1

374

Persons

should be

able

1

375

officers

may require

more information to assess the genuineness of the job offer

1

376

Any of the following information

may be

of assistance: - Certificate of Incorporation in the province or territory of destination

1

377

Most religions

will be registered

as charities or non profit organizations under the Income Tax Act and also under provincial or territorial laws

1

378

Processing work

is

clergy, ministers, priests

4

379

foreign national

work

under R186

1

380

foreign national

applies

to a mission or a POE for a work permit

4

381

Processing work

permit

applications from religious workers

5

382

application

must be considered

under R200

1

383

exemption

described

C50

1

384

exemption

applies

to charitable or religious workers who are carrying out duties for a Canadian religious or charitable organization

4

385

officers at missions or POEs

should refuse

application

1

386

officers at missions or POEs

should refuse

applicable

1

387

application for a work permit

is submitted

without an LMO

5

388

Applicants

are

refused a work permit overseas or at a POE

1

389

they

have obtained

LMO

1

390

they

enter

Canada

4

391

work

permit

under R199

4

392

they

may work

in Canada without a work permit under R186

8

393

Religious workers

were

initially authorized to preach doctrine or minister to a congregation pursuant to R186

1

394

Religious workers

are

in Canada

5

395

Religious workers

may apply

to CPC-V under R199

1

396

Religious workers

may apply

for work permits

5

397

applicant

does not have

LMO

1

398

R186

applies

to judges, referees and similar officials involved in international sporting events, generally organized by an international amateur sporting association and hosted by a Canadian organization

1

399

Events

may include

international or university games

1

400

winter or summer Olympics

are

judges for animal shows and agricultural competitions

1

401

winter or summer Olympics

are

also included

1

402

work

done

by students that are under their tutelage

4

403

Eminent individuals

review

work

4

404

Eminent individuals

direct

studies

1

405

Canada

review

student's thesis and papers

4

406

Eminent individuals

will

occasion

1

407

R186

seeking entry

to evaluate academic programs or research proposals

1

408

R186

includes

seeking entry

1

409

R186

includes

foreign professors and researchers

1

410

R186

includes

including evaluation of proposals from organizations such as the Natural Sciences and Engineering Research Council of Canada

5

411

R186

are entering

persons who will be expert witnesses before a regulatory body, tribunal or court of law

1

412

Foreign students

registered

at foreign educational institutions outside Canada

4

413

Foreign students

may do

clinical clerkships or short-term practicums in Canada

4

414

Written permission from the body that regulates the particular health field

is required

in order to ensure that Canadian health care students are placed for clinical practice first

2

415

primary purpose of the practicum

must be

to acquire training

1

416

positions

should not be

of more than four months' duration

1

417

positions

be

unpaid

1

418

Foreign students in residency, extern or fellowship positions in Canadian clinical settings

are not included

in this exemption

2

419

clinical learning opportunity

known

as Externship

1

420

medical extern

is

doctor or medical student

1

421

Externships

are

generally offered by educational institutions to give students short practical experiences in their field of study

1

422

it

refers

to a visiting physician who is not part of the regular staff

1

423

patients - Perform some procedures

can not write

formal orders

1

424

externs: - Have some extent of contact

do not receive

academic credit for the externship Further to consultation with provincial Colleges of Physicians and Surgeons

1

425

medical students

destined

to specific provinces

1

426

Physicians & Surgeons

required

Acceptance from university in B.C. sufficient

1

427

medical students

destined

to Ontario

1

428

Letter from College of Physicians & Surgeons

does not wish

to be involved For medical students

1

429

foreign health students

working

in medical teaching institutions in Ontario

1

430

it

does not object

to foreign health students

1

431

College of Physicians and Surgeons in Ontario

has informed

CIC

1

432

This non-involvement

can be interpreted

as approval from the regulatory body, which will enable visa officers to process the application without written approval for each case

2

433

student

is seeking

to enter Canada

4

434

POE

is

aware that the matter of 'approval from a regulatory body' has been explored

1

435

that university acceptance

is

sufficient

1

436

no involvement from the regulatory body for this occupation

has been interpreted

as the required approval

1

437

CAIPS

should reflect

position of 'no objection' and the rationale, so

1

438

Notes in the Computer-Assisted Immigration Processing System (CAIPS) for approved cases

should reflect

position of 'no objection' and the rationale, so

1

439

medical students

destined

to British Columbia

1

440

College of Physicians and Surgeons in British Columbia

has advised

CIC that the College licenses all/all foreign medical students who arrive under R186

1

441

College and the universities

have

special procedures in place that are strictly adhered to

1

442

Acceptance by the university

is

sufficient proof that the College has given approval

1

443

medical students

destined

to Alberta

1

444

undergraduate medical students

doing

electives in Alberta the same as out of province undergraduates

1

445

College of Physicians and Surgeons of Alberta

has advised

that it treats

1

446

university

requires

of them

1

447

They

register

with the undergraduate elective office at either the University of Alberta or the University of Calgary, which then provides applicants with all the information the university requires of them and also provides them with the College's undergraduate elective application for registration

2

448

College of Physicians and Surgeons

finalize

registration

1

449

entire process

is handled

through the university, which then notifies

1

450

Edmonton or Calgary

is

sufficient evidence of approval by the regulatory body, that is, the Alberta College of Physicians and Surgeons

1

451

proof of acceptance by a university in Alberta

is

sufficient evidence of approval by the regulatory body, that is, the Alberta College of Physicians and Surgeons

1

452

medical students

destined

to other provinces and territories

1

453

College of Physicians and Surgeons for that province

has not provided

student with written approval

1

454

province or territory

has elected

to be involved in health care student practicums for international students

1

455

visa office

has elected

in determining

1

456

visa office

should contact

International Region

2

457

visa office

should contact

IR

1

458

visa office

should contact

/ Operational Coordination

1

459

this type of work

are required

to pass an immigration medical exam according to R30

5

460

R186

applies

to flight operations inspectors and cabin safety inspectors who enter the country temporarily while inspecting safety procedures on commercial international flights

1

461

recognized aeronautical authority

conducting

inspections

1

462

that they are aviation inspectors

carrying out

inspection duties

1

463

inspectors

would be

in possession of valid documentation and/or identification establishing that they are aviation inspectors

1

464

inspectors

are employed

by the recognized aeronautical authority

1

465

aviation accident or incident investigation

conducted

under the authority of the Canadian Transportation Accident Investigation and Safety Board Act

2

466

accredited representatives or advisors

participating

in an aviation accident or incident investigation

1

467

R186

applies

to accredited representatives or advisors

1

468

country

conducting

investigation to provide information, facilities, or experts

1

469

Any country

is requested

by the country

1

470

accredited representative and one or more advisors

assist

accredited representative in the investigation

1

471

Any country

is entitled

to appoint

1

472

duties

must be related

to the operation of the means of transportation or the provision of services to passengers

1

473

Foreign truck drivers

involved

in international hauling

1

474

Foreign truck drivers

become

involved in the loading and unloading of their cargo

1

475

Foreign truck drivers

become

picked up in Canada for direct movement to the United States

4

476

drivers

have

expertise in the handling of loads such as chemicals, furniture, livestock, etc.

1

477

drivers

unloading

of their vehicles

1

478

drivers

are

responsible for the loading

1

479

movers

offloading

furniture to a house at the end of an international move

1

480

drivers

assist

in the handling of their cargo in a non-warehouse situation

1

481

no other assistance

is

available

1

482

practices and exceptions

prevail

on both sides of the U.S./Canada border

5

483

Foreign truck drivers

pick up

goods in Canada for delivery to the United States

4

484

Foreign truck drivers

are operating

Canadian owned and registered vehicles

1

485

Foreign truck drivers

are employed

by Canadian trucking companies

1

486

both the company and vehicle

are

Canadian

1

487

Foreign truck drivers

can not receive

consideration under R186

1

488

independent foreign truckers

working

under contract to Canadian trucking companies

1

489

they

are being employed

by a Canadian company

1

490

American company executive

stopping over

to pick up another meeting participant

1

491

American company executive

stopping over

in Montreal

1

492

American company executive

is travelling

aboard the company's aircraft from the U.S. to Toronto for a meeting

2

493

aircraft

being engaged

primarily in international transportation

1

494

aircraft

would meet

definition

1

495

following scenario

would qualify

under R186

1

496

travel of the additional meeting participant from Montreal

can be considered

noncommercial", "non-paying" and incidental to the purpose of the trip of the American executive

1

497

pilot

would not require

work permit

4

498

that the aircraft must be a corporate aircraft

owned

leased by the corporation specifically for the transport of company personnel on company business

2

499

key element of this scenario

is

that the aircraft must be a corporate aircraft

1

500

It

may not be

charter aircraft or a commercially available flight

1

501

Any passengers

point

in Canada

4

502

Any passengers

carried

from point

1

503

Any passengers

must be

incidental to the purpose of the trip

1

504

intent of R186

is

to facilitate the admission of persons who come to Canada for the purpose of rendering services in times of emergency

5

505

services

should be aimed

at preserving life and property

1

506

emergency

may be

result of natural disasters such as floods, tornadoes, earthquakes, and fires

1

507

result of industrial or commercial accidents

threatening

environment

1

508

admission

preserve

life regardless of whether it involves one or more persons

1

509

admission

should be

facilitated

1

510

it

be

medical emergency

1

511

It

be

result of industrial or commercial accidents

1

512

persons

rendering

emergency services to either country

1

513

Agreements, such as the Agreement between the Government of Canada and the Government of the United States on Cooperation in Comprehensive Civil Emergency Planning and Management (1986), and the Insurance Bureau of Canada's Claims Emergency Response Plan (1982)

are aimed

at facilitating the admission of persons

8

514

Insurance Bureau of Canada

bring

to assist in the rapid handling of insurance claims in major emergencies

4

515

Insurance Bureau of Canada

has developed

to bring in U.S. insurance adjusters/appraisers

5

516

Insurance Bureau of Canada

has developed

emergency response plan

4

517

response

is

critical in augmenting existing Canadian services in order to ensure swift economic recovery and stability

1

518

people

seek

entry under an agreement with Public Safety Canada

6

519

All persons

responding

to such emergency situations

1

520

All persons

may be admitted

as visitors regardless of whether there is an agreement in existence or not

1

521

R186

continue

working under the conditions of an expired work permit

4

522

they

applied

for a new work

4

523

original work permit

have remained

in Canada

8

524

R186

allows

to continue

1

525

R186

allows

permit before the original work permit expired

1

526

R186

allows

for persons

1

527

client

have

to leave Canada

4

528

client

will continue

as a worker who holds a valid work permit

5

529

it

has been issued

before the worker

1

530

LMO

seeks

to enter

1

531

valid medical examination results

are

available at the time of entry

1

532

Persons

hold

valid work permit, who wish to change their conditions or renew their work permit

4

533

Persons

should apply

inland, pursuant to R199

1

534

clients

need

to change employers, or quickly renew a work permit which will soon expire

4

535

person

seeking

entry into Canada

4

536

person

meets

requirements of R198 and R200

1

537

work permit application

should be processed

at the POE

4

538

work

permit

application

4

539

not processing

inconvenience

client or their employer

1

540

POE time and resources

are

issue

1

541

officers

can admit

clients on their existing work permit and refer them to the case processing centre in Vegreville

5

542

they

are

out of the country

1

543

they

apply

there pursuant to R198

1

544

Persons

must be facilitated

at the POE

1

545

They

must provide

to satisfy the officer that the client meets the requirements for the category in which they are applying

1

546

They

must provide

officer at a POE with sufficient documentation

1

547

temporary residents

may apply

in Canada under the Professional or intra-company transferee NAFTA categories only

5

548

provisions

are

in accordance with reciprocal arrangements

1

549

authority for officers

issue

work permits on the basis of an LMO from HRSDC

6

550

This Regulation

provides

to weigh several factors in assessing the impact on the Canadian labour market

1

551

This Regulation

provides

broad authority for HRSDC

1

552

Traditional factors such as wages and working conditions and the availability of Canadians or permanent residents to do the work in question

are

still factors

4

553

work

create

other jobs for the benefit of Canadians or permanent residents

4

554

skills and knowledge transfer

would result

from confirming the foreign worker

2

555

LMO

regarding

issuance of a work permit to a foreign national will have either a neutral or positive effect

5

556

HRSDC

can provide

LMO

2

557

HRSDC officer

confirm

unpaid employment

2

558

HRSDC

supports

under the Sector Council Program

2

559

Officers

be

aware that there are several sector councils in key sectors of the economy, including automotive, aviation, biotechnology, child care, environment, mining, petroleum, policing, and steel

1

560

Information

is

available at http://www.hrsdc.gc.ca/eng/workplaceskills/sector_councils/index.shtml

1

561

Human Resources and Skills Development Canada

supported

by Citizenship and Immigration Canada

8

562

HRSDC

supported

by Citizenship and Immigration Canada

5

563

Human Resources and Skills Development Canada

established

Pilot Project for Hiring Foreign Workers in Occupations that Require Lower Levels of Formal Training

7

564

HRSDC

established

Pilot Project for Hiring Foreign Workers in Occupations that Require Lower Levels of Formal Training

4

565

process

introduced

by the pilot project

1

566

job offers at skill levels C and D

listed

in the National Occupational Classification

1

567

employers

obtain

LMO for job offers at skill levels C and D

2

568

transitional provisions

introduced

in February 2007

1

569

contract

signed

by both the employer and the employee

1

570

HRSDC

requires

that all applications within the LSP have

1

571

all costs

1

572

obligations

are

all LSP applications

1

573

obligations

include

wages, working conditions, roundtrip transportation costs, medical coverage, assistance in finding suitable accommodations, and payment of all costs

1

574

Assessment of an applicant's ability to do the job

may be

part of the WP assessment

1

575

WP assessment

is not limited

IRPR 179, IRPR 200, bona fides and dual intent

1

576

officers

should continue

to exercise their judgement in making well-informed decisions

1

577

foreign national

perform

work sought

4

578

work

permit

to a foreign national

4

579

Officers

may request

proof of language ability via IELTS, TEF or an alternate submission if necessary

1

580

Officers

can consider

reading, writing and oral requirements for the position

1

581

application

should be assessed

situation in that particular workplace

1

582

general notion that low English or French abilities would pose an unacceptable workplace safety risk

support

refusal under R200

1

583

general notion that low English or French abilities would pose an unacceptable workplace safety risk

is not

sufficient

1

584

TFW

should be

aware of any safety requirements in the workplace

1

585

spouses and dependent children

accompany

them to Canada

4

586

Applicants

may wish

to have

1

587

officer

should consider

applications as a single unit, rather than assessing each separate from the others

1

588

applicant's spouse

requires

LMO if applying for a work permit

5

589

applicant's spouse

is not

eligible for an open work permit

4

590

any children

may be required

to pay international student rates to attend school

1

591

costs, as well as the cost of travel to Canada, health coverage and family accommodations

may have

to be borne by the applicant

5

592

employer

provide

only for the applicant

1

593

employer

is

obliged

1

594

onus

is

on the applicant to demonstrate to the officer that they are capable of meeting these expenses

1

595

LSP

provides

lower-skilled workers an opportunity to work temporarily in Canada

5

596

it

does not afford

them any priority in the processing queue

1

597

Applications within the LSP

be completed

on a "first come, first served" basis

1

598

Applications within the LSP

should be processed

in the same queue as other WP applications

1

599

Officers

are

to enter "LSP" as a Special Program code in FOSS or CAIPS on initial work permits and extensions

6

600

reviewing applications for work

permit

extensions

4

601

It

is

also important for statistical and policy development purposes

1

602

Low-Skill Pilot

does not apply

to the Live-In Caregiver Program

1

603

Low-Skill Pilot

does not apply

see OP14 and IP4 -or the Seasonal Agricultural Worker Program

2

604

Information

collected

at the missions on the LSP movement

1

605

Information

should be forwarded

to International Region, to cic-nat-operational-rim-tfw@cic.gc.ca and the appropriate geographic desk

1

606

HRSDC

has provided

national labour market opinion that applies to all foreign workers who have job offers in the described fields

2

607

National Confirmation Letter

is

in force for the following work situation

5

608

entry into the Canadian labour market

would have

no negative impact on Canadian job seekers and workers

2

609

skills

are

in high demand in the software industry

1

610

CIC

collaborated

to streamline the entry of workers

2

611

CIC

collaborated

with HRSDC, Industry Canada and the Software Human Resource Council

5

612

CIC

collaborated

development of a pilot project

1

613

applicants

must be offered

job in one of seven occupations

1

614

National Confirmation Letter for Canada Research Chair Positions

has been replaced

by R205

6

615

temporary foreign worker program

is

unique in that its delivery relies on the close cooperation of two different departments

2

616

ability to telephone or email

be

cumbersome approval process, especially for those cases that fall into an apparent 'grey' area

1

617

ability to telephone or email

is

important in smoothing out

1

618

bit more detail regarding the job offer

would assist

decision

1

619

bit more detail regarding the job offer

are encouraged

to respond to HRSDC queries in a timely manner

1

620

Officers

are encouraged

to contact HRSDC in cases

1

621

closer communication

will result

in quicker, more efficient service which benefits the clients

1

622

HRSDC officers

have been provided

contact information for CIC officers

2

623

CIC/CBSA officers

are provided

with a list of every HRSDC foreign worker officer and their contact information

3

624

work

permit

application without an LMO

5

625

employer

submit

application to them

1

626

it

consult

directly with HRSDC before advising the applicant to have

1

627

employer

seek

LMO

1

628

applicant

is advised

to have

1

629

employer

submit along

with their application to HRSDC

1

630

they

should be given

letter

1

631

HRSDC

can follow up

needed

1

632

referral letter

should have

contact information of the immigration or visa officer

2

633

communication (separate from, or in addition to, issuance of an LMO) between HRSDC and CIC/CBSA

improve

client service

3

634

communication (separate from, or in addition to, issuance of an LMO) between HRSDC and CIC/CBSA

can facilitate

decision-making process

2

635

LMO exemption

would apply

wish to verify this before sending the employer

2

636

HRSDC officers

turn

contact CIC

2

637

Sending the client fruitlessly back and forth between departments

should be avoided

as much as possible

1

638

record of communications with HRSDC

should be noted

in the client's electronic file

1

639

dates

found

on an LMO

1

640

work

permit

expiry dates relative to the dates

4

641

work

see

Section 6

5

642

Officers

should process

work permit applications in accordance with the regular requirements for temporary foreign workers

6

643

work

permit

to a worker who does not have an LMO

6

644

R204 to R208

provide

regulatory authority to issue

1

645

LMO Exemption Codes

are listed

in the following table

2

646

A13 Canada

concludes

agreements that involve the movement of foreign personnel to Canada

8

647

E.

off-campus

employment

1

648

Research

off-campus

employment

2

649

other objectives

aimed

at foreign policy, culture, trade and commerce

1

650

Admission of foreign workers under these agreements

serves

to meet other objectives

2

651

Admission of foreign workers under these agreements

benefits

Canadian economy

2

652

only those types of workers

stipulated

in the agreements gain access to Canada

5

653

terms of the agreements

are

respected

1

654

Persons

are entering

just for meetings

1

655

Persons

may be admitted

as business visitors

1

656

workers

will be coming

forward pursuant to a valid agreement that may not be on the list

2

657

agreement

covers

admission

1

658

workers

can satisfy

officer that there is

1

659

admission

should be

facilitated

1

660

Persons

entering

under diplomatic agreements

1

661

Persons

may be facilitated

under R186

1

662

Persons

admitted

under the North American Free Trade Agreement

2

663

Persons

admitted

parallel to the NAFTA

1

664

Persons

admitted

under the General Agreement on Trade in Services

2

665

Persons

are admitted

under exemption codes T33 for Professionals

1

666

GATS

are admitted

under exemption codes T33 for Professionals

1

667

GATS intra-company transferees

are admitted

under the general provision R205, C12

1

668

place

dealing

with El Al Airlines security guards on aircraft and at the airport

1

669

separate arrangement

is

in place

1

670

Procedures in this respect

are discussed

in Section 13.1, Airline Personnel

2

671

This organization

located

in Montreal

1

672

air Services (SITA

dispatch

reliability in all countries

1

673

any related problems

promote

transportation safety

1

674

This organization

has

mandate of developing the Telecommunication fields of transmission and processing all categories of information necessary & Information for airline operation and to study

1

675

They

cooperate

with IATA, ICAO and other governmental and non-governmental bodies in these fields

1

676

ten artists from Mexico

will come

to Canada/US/ MexicoCanada annually as guests of Canadian institutions for up to two months

1

677

Artists Residencies Canada

has entered

into an agreement with the U.S. and Mexico for an Programme between artists from the United States

6

678

SITA

deems

necessary to engage

1

679

CIC

has undertaken

to facilitate such foreign workers

1

680

Applicants

will be

in possession of a letter from the National Endowment for the Arts or from the DFAIT

1

681

officers

should contact

Arts and Letters Division, DFAIT, at 992-5726

1

682

Canada-Bermuda Temporary employment in Canada under the terms

set out

in the MOU, Professional Memorandum of Understanding between Canada and Bermuda

10

683

Procedures Trainees People

engage

in employment in Canada pursuant to this MOU

5

684

Program participants

include

biologists, Banding Program research personnel and airline pilots who generally come as teams of two or more to participate in ecological surveys, often in isolated areas

4

685

Emergency service providers

are

facilitated under R186

2

686

letter

referring

to an agreement

1

687

person

will be

in possession of a letter

1

688

officers

should contact

office of Public Safety Canada in Ottawa at 991-7077

5

689

Fulbright Program Foundation for Educational Exchange between Canada and the United between Canada States of America

is

association of over 220

6

690

Fulbright Program Foundation for Educational Exchange between Canada and the United between Canada States of America

is

IATA operations in Canada in 1987

9

691

Work permits

are

fee exempt

4

692

Work permits

are

R299

4

693

officers, employees or specialists

contracted

to IATA

1

694

work permits

made

to officers, employees or specialists

5

695

MOU

is

commitment to facilitate issuance of work permits

4

696

International Pacific Sea and port samplers

employed

to conduct research at various ports in Halibut CommissionBritish Columbia during the halibut season

2

697

Seasonal Canada

has

Memorandum of Understanding with the Jamaican Agricultural Government concerning the Commonwealth Caribbean Seasonal Program, Liaison Agricultural Workers Program

7

698

entry

is

pursuant to the Jamaica

1

699

themselves

must have

LMOs, however

1

700

Liaison Officers

work

at the Jamaican Liaison Service office in Toronto

2

701

Liaison Officers

would qualify

under this exemption

2

702

educational and technical knowledge

meet

standards by articling upon graduating from Canadian institutions of higher learning in the field of business programs related to accounting

3

703

Malaysia

wishes

to ensure that Malaysian students acquire

1

704

Malaysia

recognizes

professional standards of the Canadian Institute of Chartered Accountants

1

705

Malaysian nationals

have completed

appropriate academic professional training in Canada from a recognized Canadian university or post-secondary institution

4

706

Government of Canada

has agreed

that Malaysian nationals who have completed the appropriate academic professional training in Canada from a recognized Canadian university or post-secondary institution may take employment for the purpose of gaining practical experience before assuming their profession as chartered accountants in Malaysia

6

707

documentation

required

to obtain a work permit

4

708

worker

obtain

work

5

709

worker

is

able

1

710

worker

is

already in Canada

5

711

long-term work permits

may be issued

pursuant to R204

4

712

long-term work permits

may be issued

see Appendix F

5

713

stay in Canada

may be

for many years

4

714

NATO nations

are covered

by the Status of Forces Agreement

1

715

Military personnel

coming

to Canada under NATO, including the civilian component

4

716

Military personnel

are

exempt from a work permit pursuant to R186

4

717

organization

promotes

marine scientific research, and as such

1

718

organization

coordinates

marine scientific research, and as such

1

719

organization

brings

in scientists under Intern or Visiting Scientist programs

1

720

Secretariat of PICES

is housed

at the Institute of Ocean Sciences of Fisheries and Oceans, in Sidney, British Colombia

1

721

Exchanges

are arranged

in Canada through the Public Service Commission

5

722

it

seeking

entry

1

723

it

should be

in possession of their agreement

1

724

Individuals

are provided

with copies of the International Assignment Agreement

2

725

time

specified

in the agreement

1

726

work permit

may be issued

for the length of time

4

727

international scientific body

created

to implement the Pacific United States

1

728

PSC

is

international scientific body

1

729

samplers and scientists

should be allowed

LMO-exempt entry

1

730

terms of the Agreement between the Government of Canada and the Government of the United States

relating

to the establishment of the Roosevelt Campobello International Park

7

731

Persons

entering

Canada from the United States to take employment

5

732

Canada and Germany

entered

agreement to facilitate and encourage scientific and technological cooperation and exchanges of information and personnel between the agencies, organizations and enterprises in the public and private sectors of the two countries

6

733

Fields of cooperation

may vary

from year to year

1

734

work permit applicants

named

in a written request from the province or territory

4

735

labour market opinion

waived

for work permit applicants

5

736

provinces

have

authority to have the requirement for a labour market opinion

1

737

Canada-Chile FTA See Appendix B Canada-Peru

fta

T21, T22, T23, T24 General Agreement See Appendix D on Trade

4

738

This authority

is based

on section 204

2

739

Provisions

respecting

this authority

1

740

Provisions

might vary

slightly from province to province and for greater certainty

1

741

Ontario and Alberta

have

agreements in effect

1

742

application

shall be assessed

for each individual as per usual procedures

1

743

copy of this letter

will be attached

to each TFW's application and upon receipt - whether at a visa office

2

744

copy of this letter

will be attached

port of entry

1

745

TFW-PS applicants

do not require

nomination certificate

1

746

first

come

first serve basis

1

747

TFW-PS applications

shall be processed

like other TFW work permit applications, on a first

5

748

TFW-PS

should be entered

in the "Remarks" field to facilitate differentiating between this and the PNP provincial selection type

1

749

duration

stated

in the letter

1

750

letter

affirming

that the worker still meets the criteria for recommendation

2

751

province

has supplied

TFW with another letter

1

752

no maximum

was specified

in the Agreements

1

753

employer

based

in that province

1

754

person

has

job offer from an employer

1

755

person

has been nominated

by a province for permanent residence

1

756

It

has been agreed

with the provinces that have entered into provincial nominee agreements that a person who has been nominated by a province for permanent residence and has a job offer from an employer based in that province may be issued a work permit without requiring an LMO

6

757

application for the work permit

must include

letter from the provincial government that confirms

5

758

TFW-PNP

should be entered

in the "Remarks" field to facilitate differentiating between the PNP and the TFW-PS provincial selection types

1

759

work

permit

to be issued

4

760

It

is not

necessary that the application for permanent residence of the foreign national has been received by CIC

1

761

letter from the province

trigger

this LMO exemption

2

762

letter from the province

is

sufficient

1

763

language to this effect

has been incorporated

into the agreements of Manitoba and British Columbia

1

764

they

come up

for renewal

1

765

Similar language

will be incorporated

in all other provincial nominee agreements

1

766

legislative authority for the LMO exemption

is

R204

2

767

exemption

should be

immediately applied

1

768

legislative authority for the exemption

is

R205

1

769

LTD' Guidelines for general admission under this category

are provided

exemption code C10

2

770

Guidelines

are

also provided for the admission of three other categories of worker, which are considered to be beneficial and not requiring of an LMO

3

771

persons

providing

emergency repairs

1

772

Authorizing a foreign national to work in Canada

has

impact on the Canadian labour market and economy

4

773

officers

should keep

In considering LMO exemptions before issuing a work permit

5

774

officers

should keep

in mind the general principle

1

775

work

permit

without the assurance from HRSDC that the impact on Canada's labour market is likely to be neutral or positive

9

776

officers

should be

reluctant

1

777

Most exemptions from the need for a positive HRSDC labour market opinion

are

very specific and clearly defined such as the policy for spouses of some foreign workers and students, or the Regulations regarding issuance of work permits for refugee claimants, or regarding international agreements

7

778

LMO

is not

available

1

779

specific exemption

is not

applicable

1

780

issuance of a work

obtain

HRSDC opinion

5

781

issuance of a work

would be

necessary

4

782

issuance of a work

permit

in a time frame shorter

4

783

circumstances

present

officers with situations

1

784

It

is

imperative that this authority not be used for the sake of convenience, nor in any other manner that would undermine or try to circumvent the importance of the LMO in the work permit process

5

785

social, cultural or economic benefits to Canada of issuing the work permit

are

so clear and compelling that the importance of the LMO can be overcome

9

786

It

is

rather intended to address those situations

1

787

circumstances

have created

urgency to the person's entry

1

788

person's presence in Canada

is

crucial to a high-profile event

4

789

Officers

should look

at the social/cultural benefit of admitting persons of international renown, examining

1

790

entry into the labour market

is

concerned

1

791

work permits

based

on significant economic benefit

4

792

Foreign nationals

submitting

application for consideration under C10

1

793

documentation

supporting

claim of providing an important or notable contribution to the Canadian economy

1

794

Foreign nationals

should provide

documentation

1

795

foreign national's proposed benefit

must be

significant

1

796

Officers

should rely

heavily on the testimony of credible, trustworthy, and distinguished experts in the foreign national's field and any objective evidence

1

797

foreign national's past record

is

good indicator of their level of achievement

1

798

foreign national's past track record in their field

should be

strong and distinguished

1

799

It

show

that the foreign national can immediately be recognized as a leader in their field

1

800

permanent resident applicant

has met

definition of "entrepreneur" or "self-employed

1

801

urgent reasons to admit the person before processing

is

complete

1

802

work

permit

there are compelling

4

803

They

must demonstrate

that their admission to Canada to begin establishing or operating their business would generate significant economic, social or cultural benefits or opportunities for Canadian citizens or permanent residents pursuant to R205

6

804

period

authorized

for their stay

1

805

permanent residence application

is

ultimately refused

1

806

It

should be noted

that any 'early admission' entrepreneurs must also satisfy the officer that they meet the requirements of A22, that they 'will leave Canada by the end of the period

5

807

concerns

relating

to processing times

1

808

serious questions such as source of funds

remain

outstanding

1

809

work permit

should not be granted

to remedy concerns

4

810

work

be

self-employed simultaneously with submitting an application for permanent residence

4

811

work

permit

to operate a business

5

812

they

meet

requirements of R205

1

813

It

is expected

that it would be a rare applicant who could satisfy an officer that their entry into Canada would provide a significant benefit before their eligibility for permanent residence has been assessed

5

814

business or the intended period of work

is

genuinely temporary, i.e.

5

815

applicant

intends

close the business

1

816

applicant

intends

to leave Canada after starting a business, and either

5

817

applicant

intends

hire a Canadian to operate it

1

818

worker

is providing

unique service

2

819

benefit to a self-employed worker's Canadian clients

be considered

in this case

1

820

applicant

intends

to start or buy a business where their own temporary status may be indefinite

1

821

officers

should encourage

person to apply for permanent residence

1

822

application for a work permit

comes

from a foreign national who is being considered by a provincial government for nomination as a permanent resident

5

823

foreign nationals

have been identified

as potential provincial nominees based on their intention to undertake business activities in their province

1

824

work

permit

to undertake entrepreneurial activity prior to the actual nomination of the foreign national

4

825

provinces

issued

in having

1

826

provinces

have indicated

growing interest

1

827

potential nominee

begin

implementation of their business plan as a demonstration of genuineness of intention

1

828

self-employed individuals

destined

to Quebec

1

829

foreign national

is not

yet a permanent resident

1

830

Special consideration

is

also applicable to entrepreneurs and self-employed individuals

1

831

Quebec

does not have

Provincial Nominee Program

2

832

special consideration

is

applicable on the basis of the Canada-Quebec Accord

1

833

indication by a province that there would be benefit to that province

is

sufficient to satisfy R205

1

834

HRSDC opinion

assures

CIC officers that there will likely not be any negative impacts on the Canadian labour market

2

835

work

permit

as requested

4

836

opinion from a province

assures

CIC that there is a likely significant benefit in issuing

1

837

application for the work permit

must include

letter from the provincial government that confirms

5

838

work permit

is

to be issued for a two-year period

4

839

work permit

is

nonrenewable

4

840

any necessary extension of the work permit

can be supported

by the fact of nomination

4

841

any necessary extension of the work permit

can be supported

see Section 5.27

5

842

It

is expected

that the province will decide during this two-year period whether or not to nominate the person

1

843

work

permit

to be issued

4

844

It

is not

necessary that the application for permanent residence of the foreign national be received by CIC

1

845

letter from the province

trigger

this LMO exemption

2

846

letter from the province

is

sufficient

1

847

Persons

been issued

work permits over several years in the self-employed category

4

848

Persons

provide

evidence of the following

1

849

Persons

should

in addition to satisfying the indicators of general economic stimulus

1

850

Persons

be

able

1

851

end of the period

authorized

for their stay

1

852

officers

may wish

to consult organizations in Canada who can provide an opinion

5

853

applicant

wishes

to be self-employed in the tourism industry

1

854

officers

should contact

to determine whether the activity would be beneficial or actually impinge on Canadian service providers

2

855

officers

should contact

provincial tourism authority

1

856

Other sources of information and advice

should have

knowledge of the local labour market situation

1

857

Other sources of information and advice

include

local Canadian Chambers of Commerce, and HRSDC

1

858

Examples of indicators of 'significant benefit

include

general economic stimulus

1

859

applicant

controls

at least 50% of the business in question

1

860

person

will be coming

to work in the business

1

861

person

owns

slightly smaller stake

1

862

partial owner with an ownership share of less than 50%

may require

LMO

1

863

partial owner with an ownership share of less than 50%

would be required

to apply for a work permit as an employee

4

864

employer-employee relationship

must be established

to issue an LMO

1

865

employer-employee relationship

is not

true reflection of a business operation

2

866

officers

processing

applications

1

867

they

can provide

informal assistance to officers

1

868

HRSDC

is

as supplying information on known employers who have applied for an LMO or an Arranged Employment Opinion

3

869

HRSDC

can not offer

formal LMO

2

870

HRSDC

can not offer

there are existing employees, whether there are similar businesses in existence, etc.

1

871

person

owns

shares in a business

1

872

significant benefit

would result

from the work of the applicant in Canada

8

873

work

permit

pursuant to R205

4

874

only one owner

would be

eligible

1

875

applicants

require

LMO

1

876

CIC

does not want

to discourage investment in Canada

4

877

guidelines

are intended

to prevent transfer of minority shares solely for the purpose of obtaining a work permit

4

878

intra-company category

was created

to permit international companies to temporarily transfer qualified employees to Canada for the purpose of improving management effectiveness, expanding Canadian exports, and enhancing the competitiveness of Canadian entities in overseas markets

5

879

provisions

contained

in international trade agreements for citizens of signatory countries

2

880

entry of intra-company transferees

is supplemented

by provisions

1

881

entry of intra-company transferees

is guided

by the IRPA regulations and the general provisions of this section

3

882

Harmonization of IRPA and NAFTA intra-company transferee provisions

means

that there are now no differences in terms of entry requirements and work permit durations

6

883

Duration of Work Permits - Initial Work Permit

must be

legal entities that have a parent, subsidiary, branch or affiliate business relationship

6

884

Canadian and foreign enterprises

must be

legal entities that have a parent, subsidiary, branch or affiliate business relationship

2

885

Both the Canadian and foreign companies

will be doing

business

2

886

It

does not include

mere presence of an agent or office in Canada

4

887

company with no employees which exists in name only

is established

for the sole purpose of facilitating the entry of intra-company transferees

1

888

annual reports (for public companies)

licence

to do business, business tax returns and registration with Canada Customs and Revenue Agency as an employer

6

889

Evidence of the fact that a company is actively doing business such

may be

useful

1

890

Both the Canadian and the foreign branches of the company

must be doing

business for the duration of the intended stay in Canada of the intra-company transferee

6

891

foreign national employee

transfer back

to the foreign company at the end of their assignment in Canada

4

892

foreign national employee

must be

able

1

893

any entity

constituted

organized under applicable law, and either privately-owned or owned by the government, including any corporation, trust, partnership, sole proprietorship, joint venture or other associations

1

894

Both the Canadian and foreign entities

must be

legal entities

1

895

ownership and control

are

factors which establish a qualifying parent, branch, subsidiary, or affiliate relationship

1

896

Ownership

means

to control

1

897

Ownership

means

right of possession with full power and authority

1

898

Control

means

right and authority to direct management and operations of the entity

1

899

Definitions of enterprise, parent and subsidiary, branch and affiliate

are

as in NAFTA

1

900

including sample employer information to assist officers in cases of change of employer

is

name

1

901

qualifying relationship

have been

changes in ownership

1

902

focus for intra-company transferees in the event of a merger or acquisition

is establishing

that a qualifying relationship remains

1

903

onus

is

on the applicant to provide evidence that this is the case

1

904

Canadian and foreign entities

continue

to meet the definition of parent, subsidiary, affiliated or branch companies

1

905

entities

meet

requirements for these relationships

1

906

then any foreign intra-company transferee

working

for the Canadian entity

1

907

then any foreign intra-company transferee

continue

working for the new entity

1

908

then any foreign intra-company transferee

would not qualify

to continue

1

909

foreign intra-company transferees

may continue

to work for the new entity on the strength of their existing work permit

4

910

source of the foreign national's salary and benefits

is not

factor to be taken into consideration

1

911

position in Canada under intra-company transferee provisions

means

that an employer-employee relationship with the Canadian branch of the company to which they are being transfered must exist

6

912

essential element in determining this relationship

is

right of the employer to order and control the employee in the performance of their work

5

913

executive, for example

could divide

normal working hours between offices in Canada and the U.S.

5

914

executive, for example

could divide

that the foreign national be paid from the Canadian entity, however

1

915

Evidence that an employer is a legal entity may be articles of incorporation, partnership agreements

license

to do business, evidence of registration with CRA as an employer

2

916

Non-qualifying business relationships

would be

contracts, licensing arrangements and franchise agreements

2

917

companies

based

on factors such as ownership of a small amount

1

918

Associations between companies based on factors such as ownership of a small amount of stock in another company, exchange of products or services, licensing or franchising agreements, membership on boards of directors, or the formation of consortia or cartels

do not create

affiliate relationships between the entities

3

919

applicant

open

new office on behalf of the foreign enterprise

1

920

applicant

seeking

entry

1

921

enterprise in Canada

is expected

to be doing business

5

922

applicant

having established

that the enterprise in Canada is expected to support a managerial or executive position or, in the case of specialized knowledge

1

923

financial ability to support the new business

be taken

into consideration

1

924

possession of a letter from a company

conducting

business in Canada

5

925

senior executive or managerial categories

identifying

holder as an employee of a branch, subsidiary, affiliate or parent of the company which is located outside Canada

5

926

this group

includes

persons

1

927

holder

must be transferring

to a Senior Executive or Managerial level position at a permanent and continuing establishment of that company in Canada for a temporary period

5

928

They

are

frequently responsible for the implementation of the policies of a business

1

929

More senior persons, either alone or in conjunction with a board of directors

may formulate

policies which establish the direction to be taken by the business

2

930

Functional managers, in the intra-company transferee context

do not

necessarily manage staff

1

931

Functional managers, in the intra-company transferee context

manage

essential function in the company

1

932

Essential function

means

function that is indispensible or important to achieving the organization's goals

1

933

functional manager

have

discretion over the day-to-day operations of the function

1

934

functional manager

must operate

at a senior level within the organization or within the function managed

1

935

Factors

may support

functional manager status

1

936

Excluded

will be

persons who are in positions that are more accurately defined as junior management

1

937

Positions

defined

as managing supervisor, supervisor, or foreman, or persons with managerial sounding titles only

1

938

employees

are

professionals

1

939

first line supervisor

is not considered

to be acting in a managerial capacity

1

940

tasks

required

in the production of a product or in the delivery of a service

1

941

manager

perform

tasks

1

942

NOC group 0

applying

to Management Occupations

1

943

All persons

should be

in the NOC group 0

1

944

positions

are defined

as Senior Managers who plan, organize, direct or control a business

1

945

positions

are

more accurately defined as middle managers

1

946

This exemption

is not

available to persons

1

947

NOC groups 01 to 09

may be included

responsibility of the position

1

948

worker

must demonstrate

specialized knowledge" of a company's product or service and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures

5

949

it

employed

Canadian workers

1

950

determination of whether a worker possesses specialized or advanced knowledge

does not involve

test of the Canadian labour market, that is

2

951

general knowledge

held

commonly throughout the industry

1

952

knowledge that the applicant possesses

is not

general knowledge

1

953

knowledge that the applicant possesses

is not

that it is truly specialized

1

954

Specialized knowledge

is

unusual and different from that generally found in a particular industry

1

955

knowledge

be

proprietary or unique

1

956

knowledge

need not

it should be uncommon

1

957

specialized knowledge

be

in a position that is critical to the wellbeing of the enterprise

1

958

specialized knowledge

may involve

person's familiarity with a product or service which no other company makes, or that other companies make, but differently

2

959

knowledge

sell

manufacture or service a particular product

1

960

knowledge

is

different than that of other products to the extent that the Canadian branch would experience significant disruption of business in order to train a new worker to assume those duties

3

961

eligible applicant

could have

knowledge of a particular business process or methods of operation that are unusual

2

962

knowledge

is not

generally identified and is of some complexity, meaning that it cannot be easily transferred to another individual in the short term

1

963

Specialized knowledge

be gained

by experience with the organization and used by the individual to contribute significantly to the employer's productivity or well being

1

964

it

exists

in Canada

4

965

test

is

applicant possesses such knowledge

1

966

Evidence of such knowledge

must be

TIP

1

967

knowledge

would require

specific background

1

968

knowledge

and/or

extensive experience with the employer who is transferring the worker, or experience from within the same industry

2

969

Advanced knowledge

is

complex or high-level knowledge

1

970

Advanced knowledge

is

not necessarily unique or known by only a few individuals

1

971

them

contribute

to the Canadian office's ability to operate competitively in another country

1

972

person

may possess

key knowledge which enables

1

973

knowledge

be

truly "proprietary" in the sense of "the company actually owns the knowledge

1

974

it

is

is commonly found within the industry

1

975

it

has

to be knowledge

1

976

knowledge beyond what

is

common in the industry

1

977

It

could be

nonproprietary knowledge that a particular company applies in a unique way that makes it

1

978

TFW

holds

specialized knowledge

1

979

Temporary Foreign Worker

holds

specialized knowledge

3

980

good case for specialized knowledge

could involve

high skill NOC codes

1

981

person

has acquired

knowledge of components specific to the company

1

982

person

has

proprietary knowledge

1

983

case

has

to be made by the client as to

1

984

Requests for a C-12 exemption for specialized knowledge for a position with a low-skill NOC code

should be looked

at in greater detail

2

985

one year of experience with the company

be

sufficient in some cases

1

986

truly specialized knowledge in lower-skill NOC code positions

should have been gained

through many years of work in the domain

5

987

TFW

have

with the foreign company

1

988

TFW

have

in the industry

1

989

TFW

may have

only one year of experience with the foreign company

1

990

specific facet of the company

accompanied

by studies in the appropriate field AND/OR years of experience in an associated industry

1

991

they

demonstrate

comprehensive knowledge of a specific facet of the company

1

992

proprietary knowledge

demonstrate

comprehensive knowledge of a specific facet of the company

1

993

TFW's salary

-

when considered along with years of experience - support the claim

1

994

Job offers

must present

salaries that are realistic in terms of Canadian wage-levels for the occupation concerned

1

995

specialized knowledge

can be obtained

by a short period of in-house or on-the-job training

1

996

person

must take

series of progressively more complex training, perhaps combined with hands-on experience over a somewhat extended period of time and perhaps under the direction of a more experienced person

1

997

it

is

more likely that the knowledge is "specialized"

1

998

any of the following documents

been provided

to prove the claim of specialized knowledge: an outline of why specialized knowledge applies, a resume, reference letters, letters of support from the company

1

999

sort of specialized technical or managerial expertise

could not be sourced

within a reasonable period of time or at a reasonable cost from within Canada

4

1000

It

is

responsibility of the applicant to show that an employer needs them in Canada and to show

4

1001

duration of the job offer

is not

criterion

1

1002

specialized knowledge

may not be

beneficial to Canadian employees in such a short period

1

1003

all the information

presented

to them

1

1004

Officers

will be required

to assess all the information presented to them and then use their good judgement to come to a decision

1

1005

onus

is

always on the applicant to support their application with credible documentation and explain in full the purpose and scope of their work in Canada, either in writing or at an interview

8

1006

Eligibility criteria applicable to both the senior managerial and specialized knowledge categories

are

applicants in the intra-company category must have worked continuously outside Canada

5

1007

maximum duration of one year

may be issued

for a number of specific projects

1

1008

projects

taking

place at the company premises in Canada

4

1009

company

needs

to transfer for their specialized knowledge

1

1010

company

wishes

to parachute into a client site of the international company on a as-needed basis

1

1011

service personnel

living

outside Canada

5

1012

Long-term work permits, more than one year, in the intra-company transferee category

should not be issued

for service personnel

6

1013

terminology explanations

elaborate

on documentary requirements, however

1

1014

Appendices B and G

provide

terminology explanations relevant to the general provisions

1

1015

criteria

are

essentially the same as the general criteria

1

1016

officers

should process

them under R204

1

1017

duration for a T24 NAFTA work permit

is

now the same as the general provisions under IRPA

5

1018

duration for a T24 NAFTA work permit

is

See table Section 11.2

6

1019

GATS criteria

are

essentially the same as the general criteria

1

1020

All 150 member countries of the World Trade Organization

are

thus eligible for the commitments that Canada has granted with respect to temporary entry

6

1021

CIC

has expanded

to achieve transparency and an easier decision-making process for officers

1

1022

CIC

has expanded

general criteria in order

1

1023

applicant

may meet

more specific criteria under GATS

1

1024

they

should be processed

under the general provision, R205

1

1025

Employee

must be working

in a similar position with the company in a foreign jurisdiction

1

1026

Employee

is taking

employment at a permanent and continuing establishment of that company

2

1027

Employee

must be working

in a similar position with the company in a foreign jurisdiction

1

1028

Employee

is taking

employment at a permanent and continuing establishment of that company

2

1029

Citizenship: US or Mexican (NAFTA); Chilean (CCFTA); or Peruvian

does not include

franchise or license agreements

1

1030

Citizenship: US or Mexican (NAFTA); Chilean (CCFTA); or Peruvian

must have

qualifying business relationship: parent, subsidiary, branch, or affiliate

2

1031

Employee

must be working

in a similar position with the company outside of Canada

4

1032

Employee

is taking

employment at a permanent and continuing establishment of that company

2

1033

foreign national

worked

in Canada as a specialized knowledge worker for two years for the Canadian entity

5

1034

foreign national

transferred

to an Australian branch of the same company for two years

1

1035

foreign national

would be

eligible for consideration under the intra-company transferee provisions as a specialized worker for another five-year period

2

1036

initial work permit

be

for a three-year duration under C12

5

1037

intra-company transferees

have reached

maximum work permit duration

4

1038

they

wish

to re-apply as an intra-company transferee

1

1039

they

must complete

one year of full-time employment in the foreign company outside Canada

5

1040

This requirement

exists

in NAFTA

1

1041

This requirement

applies

to all intra-company transferees, whether they enter under the IRPA general provisions of R205

1

1042

work permit

issued

under R204

4

1043

work permit

issued

under R205

4

1044

It

applies

to foreign nationals who wish to switch from a work permit

4

1045

Harmonization of NAFTA and the general provisions

simplify

administration of intra-company transferees provisions for foreign nationals and immigration and visa officers

3

1046

Harmonization of NAFTA and the general provisions

will help

employers in human resource planning

1

1047

Emergency repair personnel

are

persons

1

1048

They

are

exempt from an LMO

1

1049

They

require

work permits

4

1050

letter, telex or fax

indicating

that the nature of their work is an emergency

4

1051

They

should be

in possession of a letter, telex or fax

1

1052

Exchange programs

allow

cultural exchange of both foreign and Canadian participants and their employers

1

1053

Exchange programs

offer

opportunity of gaining international experience

1

1054

Entry under reciprocal provisions

should result

in a neutral labour market impact

1

1055

reciprocity

is demonstrated

by the Canadian employer

1

1056

this provision

allows

for admission of workers in other cases

1

1057

Academic institutions

may initiate

exchanges under C20 as long

1

1058

copy of the exchange agreement between the Canadian and foreign parties

must be provided

by the applicant, or a letter from the receiving Canadian institution, or work contract

2

1059

Bona fide evidence of reciprocity

will allow

officer to issue a work permit

4

1060

onus

is

on the institutions and/or applicants to demonstrate that reciprocity exists

1

1061

they

gain

exposure to the values of the host country

1

1062

they

develop

better understanding of other cultures

1

1063

they

acquire

new skills

1

1064

young citizens between the ages of 18 and 35

work

temporarily in another country

1

1065

DFAIT

does not finance

subsidize international exchange participants

1

1066

IYP

is

umbrella organization that offers international reciprocal programs such as the Working Holiday Program, Young Professionals/Young Workers, and Cooperative Education work placement

7

1067

DFAIT

supports

number of Canadian organizations that have multilateral arrangements with their partners in other countries

1

1068

SWAP

formerly

Student Working Abroad Programs

1

1069

SWAP

is

now officially referred to by DFAIT as "SWAP Working Holidays"

1

1070

it

be referrred

to as just "SWAP"

1

1071

general program

administered

in Canada by the Canadian Federation of Students

6

1072

general program

administered

Travel Cuts

1

1073

It

is

general program

1

1074

Prospective SWAP participants

should apply

at SWAP affiliates abroad

1

1075

All foreign nationals

participating

in these programs

1

1076

work

permits

pursuant to R198

4

1077

All foreign nationals

should apply

from outside of Canada

4

1078

Canada

must apply

at the Canadian mission responsible for their country

4

1079

Canada

holds

reciprocal arrangements

4

1080

Applicants

must be

citizens of the countries

1

1081

Swedes

must apply

in London, etc.

1

1082

Canada

does not have

formal bilateral arrangement

4

1083

foreign nationals

participating

under partner organizations, such as AIESEC or IAESTE, from countries

1

1084

Exception: foreign nationals

may submit

application to the Canadian mission or appropriate authority in the country

1

1085

U.S.

accepted

for any of these reciprocal exchange programs

2

1086

Citizens of the U.S.

may apply

for their work permits at any of the consulates or at ports of entry

5

1087

They

should have

acceptance letter from the participating organization

1

1088

applicant

is

still within the allowable duration period

1

1089

Inland offices

may not issue

initial work permit

4

1090

Foreign nationals

are

generally permitted to work in the same category

1

1091

They

can re-apply

under another category

1

1092

stay

must be

discontinuous

1

1093

Participants from Australia

may re-apply

under the same categories more than once

1

1094

Participants from the U.S. under SWAP

can re-apply

for additional stays in the program following the completion of another year of full-time post-secondary study

3

1095

Participants

can re-apply

to do additional years in the same category

1

1096

Participants

may re-apply

for an additional stay

1

1097

exchanges and mobility

are

very common, especially at the recent post- graduate level

1

1098

Academia

is

field

1

1099

Post-doctoral fellows and award recipients

are

now facilitated under R205

1

1100

Strict job-for-job reciprocity

is not

necessarily required

1

1101

opportunities

exist

to take similar positions in foreign educational institutions

1

1102

opportunities

allows

for the application of R205

1

1103

They

does not comprise

complete academic course

1

1104

persons

invited

by a post-secondary institution to give a series of lectures and who occupy a temporary position of a non-continuing nature

1

1105

They

are defined

as persons

1

1106

reciprocal exchange agreements

arranged

between foreign educational authorities

1

1107

Persons who are engaged by educational institutions as elementary and secondary teachers coming to Canada under reciprocal exchange agreements arranged between foreign educational authorities and Canadian provincial governments or school boards

coming

to Canada under reciprocal exchange agreements

5

1108

Persons who are engaged by educational institutions as elementary and secondary teachers coming to Canada under reciprocal exchange agreements arranged between foreign educational authorities and Canadian provincial governments or school boards

are engaged

by educational institutions as elementary and secondary teachers

1

1109

Persons who are engaged by educational institutions as elementary and secondary teachers coming to Canada under reciprocal exchange agreements arranged between foreign educational authorities and Canadian provincial governments or school boards

may be issued

work permits under this category as well

5

1110

Included

are

preschool, elementary and secondary school teachers coming to Canada under the Reciprocal Exchange Agreement between New Zealand and the province of Ontario

6

1111

Australian and British teachers

coming

to Canada under the terms of a Reciprocal Exchange Agreement

5

1112

It

should be noted

that family members of Australian and British teachers coming to Canada under the terms of a Reciprocal Exchange Agreement may be issued work permits under the general C20 category

5

1113

Visiting professors

may be issued

work permits pursuant to R205

4

1114

people

working

for a period of not more than two academic years to take a position with a post secondary institution and who retain their position abroad

1

1115

They

are

people

1

1116

Visiting professors

include

sabbatical who are doing collaborative research with a Canadian post-secondary institution

1

1117

They

would be paid

by the foreign university that employs them outside Canada

4

1118

experience in Canada

provides

them

4

1119

international exchange

involving

young people from a number of foreign countries whose brief living and working experience in Canada provides them and their Canadian hosts with a better appreciation of different cultures

1

1120

Participants

spend

from 89 to 110 days in Canada and "work" full-time for the entire period at a variety of jobs, including farm work and social/community services, e.g.

9

1121

work"

is

strictly voluntary

4

1122

Participants

will receive

open unrestricted work permits

4

1123

they

must have

medical examination

1

1124

Canada

take

employment under the terms of cultural agreements between Canada and the following countries: Belgium, Brazil, Germany, Italy, Japan and Mexico

9

1125

cultural exchange program

relating

to the arts, archives, libraries, journalism, radio, television, film, literature, translation, architecture, social sciences and sports

2

1126

criteria

listed

in R205

1

1127

following academic or training programs and research activities

can be performed

C30: 1

2

1128

employment practicum

does not form

more than 50% of the total program of study

3

1129

essential and integral part of their course of study in Canada and this employment

has been certified

as such by a responsible academic official of the training institution

6

1130

student's program

arranged

by CIDA

1

1131

intended employment

is

part of the student's program

3

1132

intended employment

is

3

1

1133

persons

coming

to Canada to work temporarily for the International Development Research Centre of Canada

6

1134

persons


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