Immigration and Refugee Protection Regulations (SOR/2002-227)

Marginal note:Condition imposed on members of a crew

• 184 (1) A foreign national who enters Canada as a member of a crew must leave Canada within 72 hours after they cease to be a member of a crew.

• Marginal note:Conditions imposed on foreign nationals who enter to become members of a crew

  (2) The following conditions are imposed on a foreign national who enters Canada to become a member of a crew:

  • (a) [Repealed, SOR/2004-167, s. 50]

  • (b) to join the means of transportation within the period imposed as a condition of entry or, if no period is imposed, within 48 hours after they enter Canada; and

  • (c) to leave Canada within 72 hours after they cease to be a member of a crew.

Marginal note:Specific conditions

185 An officer may impose, vary or cancel the following specific conditions on a temporary resident:

• (a) the period authorized for their stay;

• (b) the work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including

  • (i) the type of work,

  • (ii) the employer,

  • (iii) the location of the work,

  • (iv) the times and periods of the work, and

  • (v) in the case of a member of a crew, the period within which they must join the means of transportation;

• (c) the studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including

  • (i) the type of studies or course,

  • (ii) the educational institution,

  • (iii) the location of the studies, and

  • (iv) the times and periods of the studies;

• (d) the area within which they are permitted to travel or are prohibited from travelling in Canada; and

• (e) the times and places at which they must report for

  • (i) medical examination, surveillance or treatment, or

  • (ii) the presentation of evidence of compliance with applicable conditions.

DIVISION 3Work Without a Permit

Marginal note:No permit required

186 A foreign national may work in Canada without a work permit

• (a) as a business visitor to Canada within the meaning of section 187;

• (b) as a foreign representative, if they are properly accredited by the Department of Foreign Affairs and International Trade and are in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;

• (c) if the foreign national is a family member of a foreign representative in Canada who is accredited with diplomatic status by the Department of Foreign Affairs and International Trade and that Department has stated in writing that it does not object to the foreign national working in Canada;

• (d) as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of those armed forces;

• (e) as an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency;

• (e.1) as a cross-border maritime law enforcement officer designated by the United States under the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America, signed on May 26, 2009;

• (e.2) as an in-flight security officer employed by a foreign government with which Canada has concluded an arrangement in respect of commercial passenger aircraft security;

• (f) if they are a full-time student, on the campus of the university or college at which they are a full-time student, for the period for which they hold a study permit to study at that university or college;

• (g) as a performing artist appearing alone or in a group in an artistic performance — other than a performance that is primarily for a film production or a television or radio broadcast — or as a member of the staff of such a performing artist or group who is integral to the artistic performance, if

  • (i) they are part of a foreign production or group, or are a guest artist in a Canadian production or group, performing a time-limited engagement, and

  • (ii) they are not in an employment relationship with the organization or business in Canada that is contracting for their services;

• (h) as a participant in sports activities or events, in Canada, either as an individual participant or as a member of a foreign-based team or Canadian amateur team;

• (i) as an employee of a foreign news company for the purpose of reporting on events in Canada;

• (j) as a guest speaker for the sole purpose of making a speech or delivering a paper at a dinner, graduation, convention or similar function, or as a commercial speaker or seminar leader delivering a seminar that lasts no longer than five days;

• (k) as a member of the executive of a committee that is organizing a convention or meeting in Canada or as a member of the administrative support staff of such a committee;

• (l) as a person who is responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group or provide spiritual counselling;

• (m) as a judge, referee or similar official at an international amateur sports competition, an international cultural or artistic event or competition or an animal or agricultural competition;

• (n) as an examiner or evaluator of research proposals or university projects, programs or theses;

• (o) as an expert who conducts surveys or analyses that are to be used as evidence before a federal or provincial regulatory body, a tribunal or a court of law or as an expert witness before such a body, tribunal or court of law;

• (p) as a student in a health field, including as a medical elective or clinical clerk at a medical teaching institution in Canada, for the primary purpose of acquiring training, if they have written approval from the body that regulates that field;

• (q) as a civil aviation inspector of a national aeronautical authority conducting inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights;

• (r) as an accredited representative or adviser participating in an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act;

• (s) as a member of a crew who is employed by a foreign company aboard a means of transportation that

  • (i) is foreign-owned and not registered in Canada, and

  • (ii) is engaged primarily in international transportation;

• (t) as a provider of emergency services, including medical services, for the protection or preservation of life or property;

• (u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date;

• (v) if they are the holder of a study permit and

  • (i) they are a full-time student enrolled at a designated learning institution as defined in section 211.1,

  • (ii) the program in which they are enrolled is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec, in each case, of a duration of six months or more that leads to a degree, diploma or certificate, and

  • (iii) although they are permitted to engage in full-time work during a regularly scheduled break between academic sessions, they work no more than 20 hours per week during a regular academic session;

• (w) if they are or were the holder of a study permit who has completed their program of study and

  • (i) they met the requirements set out in paragraph (v), and

  • (ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application; or

• (x) if they are an Indian.

Marginal note:Business visitors

• 187 (1) For the purposes of paragraph 186(a), a business visitor to Canada is a foreign national who is described in subsection (2) or who seeks to engage in international business activities in Canada without directly entering the Canadian labour market.

• Marginal note:Specific cases

  (2) The following foreign nationals are business visitors:

  • (a) foreign nationals purchasing Canadian goods or services for a foreign business or government, or receiving training or familiarization in respect of such goods or services;

  • (b) foreign nationals receiving or giving training within a Canadian parent or subsidiary of the corporation that employs them outside Canada, if any production of goods or services that results from the training is incidental; and

  • (c) foreign nationals representing a foreign business or government for the purpose of selling goods for that business or government, if the foreign national is not engaged in making sales to the general public in Canada.

• Marginal note:Factors

  (3) For the purpose of subsection (1), a foreign national seeks to engage in international business activities in Canada without directly entering the Canadian labour market only if

  • (a) the primary source of remuneration for the business activities is outside Canada; and

  • (b) the principal place of business and actual place of accrual of profits remain predominately outside Canada.

DIVISION 4Study Without a Permit

Marginal note:No permit required

• 188 (1) A foreign national may study in Canada without a study permit

  • (a) if they are a family member or a member of the private staff of a foreign representative who is properly accredited by the Department of Foreign Affairs and International Trade and who is in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;

  • (b) as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of those armed forces;

  • (c) if the duration of their course or program of studies is six months or less and will be completed within the period for their stay authorized upon entry into Canada; or

  • (d) if they are an Indian.

• Marginal note:Exception

  (2) Despite paragraph (1)(c), a foreign national may apply for a study permit before entering Canada for a course or program of studies of a duration of six months or less.

Marginal note:Expired study permits

189 A foreign national who has made an application under subsection 217(1) is authorized to study without a study permit until a decision is made on the application if they have remained in Canada since the expiry of their study permit and continue to comply with the conditions, other than the expiry date, set out on the expired study permit.

DIVISION 5Temporary Resident Visa Exemptions

Marginal note:Visa exemption — nationality

• 190 (1) A foreign national is exempt from the requirement to obtain a temporary resident visa if they

  • (a) are a citizen of a country listed in Schedule 1.1;

  • (b) are

    • (i) a British citizen,

    • (ii) a British overseas citizen who is re-admissible to the United Kingdom, or

    • (iii) a citizen of a British overseas territory who derives that citizenship through birth, descent, naturalization or registration in one of the British overseas territories of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Island, Saint Helena or Turks and Caicos Islands; or

  • (c) are a national of the United States or a person who has been lawfully admitted to the United States for permanent residence.

• Marginal note:Visa exemption — documents

  (2) A foreign national is exempt from the requirement to obtain a temporary resident visa if they

  • (a) hold a passport that contains a diplomatic acceptance, a consular acceptance or an official acceptance issued by the Chief of Protocol for the Department of Foreign Affairs and International Trade on behalf of the Government of Canada and are a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies, or of any international organization of which Canada is a member;

  • (b) hold a passport or travel document issued by the Holy See;

  • (c) hold a national Israeli passport;

  • (d) hold a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China;

  • (e) hold a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;

  • (e.1) hold a passport issued by the United Kingdom to a British Subject which contains the observation that the holder has the right of abode in the United Kingdom; or

  • (f) hold an ordinary passport issued by the Ministry of Foreign Affairs in Taiwan that includes the personal identification number of the individual.

• Marginal note:Visa exemption — holders of certain Romanian passports

  (2.1) A foreign national who is a citizen of Romania is exempt from the requirement to obtain a temporary resident visa if they hold a machine-readable passport that contains a contactless integrated circuit chip and that is issued by Romania.

• Marginal note:Visa exemption — purpose of entry

  (3) A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely

  • (a) subject to an agreement between Canada and one or more foreign countries respecting the obligation to hold such a visa,

    • (i) as a member of a crew of a means of transportation other than a vessel or to become a member of a crew of a means of transportation other than a vessel, or

    • (ii) to transit through Canada after working, or to work, as a member of a crew of a means of transportation other than a vessel, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada;

  • (b) to transit through Canada as a passenger on a flight stopping in Canada for the sole purpose of refuelling and

    • (i) they are in possession of the documents required in order to enter the United States and their flight is bound for that country, or

    • (ii) they were lawfully admitted to the United States and their flight originated in that country;

  • (b.1) to transit through Canada as a passenger on a flight that, owing to an emergency or other unforeseen circumstances, makes an unscheduled stop in Canada;

  • (c) to transit through Canada as a passenger on a flight if the foreign national

    • (i) is transported by a commercial transporter and there is a memorandum of understanding referred to in subsection (4) in effect between the Minister and the commercial transporter concerning the transit of passengers through Canada without a Canadian visa,

    • (ii) holds a passport or travel document that was issued by the country of which the foreign national is a citizen or national and that country is listed in the memorandum of understanding, and

    • (iii) is in possession of any visa required to enter the country of destination;

  • (d) to carry out official duties as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, unless they have been designated under that Act as a civilian component of those armed forces;

  • (e) [Repealed, SOR/2015-77, s. 6]

  • (f) to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they

    • (i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and

    • (ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;

  • (g) to conduct inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights, if they are a civil aviation inspector of a national aeronautical authority and possess valid documentation to that effect; or

  • (h) to participate as an accredited representative or as an adviser to an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act, if they possess valid documentation to that effect.

• Marginal note:Visa exemption — crew member

  (3.1) A foreign national who is a member of a crew and who is carried to Canada by a vessel is exempt from the requirement to obtain a temporary resident visa if they are seeking

  • (a) to enter Canada as a member of the crew of the vessel; and

  • (b) to remain in Canada solely as a member of the crew of that vessel or any other vessel.

• Marginal note:Content of memorandum of understanding

  (4) A memorandum of understanding referred to in paragraph (3)(c) shall include provisions respecting

  • (a) the countries to which the memorandum of understanding applies;

  • (b) the scheduled flights to which the memorandum of understanding applies; and

  • (c) the commercial transporter’s obligation to control the movement of in-transit passengers.