Immigration and Refugee Protection Regulations

Marginal note:Work permits

• 200 (1) Subject to subsections (2) and (3), an officer shall issue a work permit to a foreign national if, following an examination, it is established that

  • (a) the foreign national applied for it in accordance with Division 2;

  • (b) the foreign national will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;

  • (c) the foreign national

    • (i) is described in section 206, 207 or 208,

    • (ii) intends to perform work described in section 204 or 205, or

    • (iii) has been offered employment and an officer has determined under section 203 that the offer is genuine and that the employment is likely to result in a neutral or positive effect on the labour market in Canada; and

  • (d) [Repealed, SOR/2004-167, s. 56]

  • (e) the requirements of section 30 are met.

• Marginal note:Non-application of par. (1)(b)

  (2) Paragraph (1)(b) does not apply to a foreign national who satisfies the criteria set out in section 206 or paragraph 207(c) or (d).

• Marginal note:Exceptions

  (3) An officer shall not issue a work permit to a foreign national if

  • (a) there are reasonable grounds to believe that the foreign national is unable to perform the work sought;

  • (b) in the case of a foreign national who intends to work in the Province of Quebec and does not hold a Certificat d’acceptation du Québec, a determination under section 203 is required and the laws of that Province require that the foreign national hold a Certificat d’acceptation du Québec;

  • (c) the specific work that the foreign national intends to perform is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute, unless all or almost all of the workers involved in the labour dispute are not Canadian citizens or permanent residents and the hiring of workers to replace the workers involved in the labour dispute is not prohibited by the Canadian law applicable in the province where the workers involved in the labour dispute are employed;

  • (d) the foreign national seeks to enter Canada as a live-in caregiver and the foreign national does not meet the requirements of section 112; or

  • (e) the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization unless

    • (i) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition,

    • (ii) the study or work was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c);

    • (iii) section 206 applies to them; or

    • (iv) the foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act.