Canada immigration defines “work” as an activity for which remuneration is earned or as an activity that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market. Work Permits are required and will be issued by Canadian immigration authorities for a limited number of work-related activities in Canada. Work Permits are always temporary in nature, but may often be extended from inside Canada.

Canadian immigration authorities require a Work Permit to be issued for a limited number of work-related activities in Canada. A job offer from a Canadian employer is usually a prerequisite to receiving a Canadian Work Permit. These Work Permits are limited in duration and may also be restricted to a specific employer; Open Work Permits, which are not employer-specific, may also may be available in limited situations. Unless an exemption is available, Work Permits will only be granted if supported by a positive LMIA (“Labour Market Impact Assessment”) letter indicating that the proposed employment will not adversely affect Canadian workers. A LMIA is issued by the ESDC (“Employment and Social Development Canada”).

Most Foreign Nations may come to work in Canada on a temporary basis subsequent to obtaining a Temporary Work Permit. Unless the Foreign National is exempt from such requirement, and depending upon the Foreign National’s country of citizenship requiring a TRV (“Temporary Resident Visa”), the following generally is required to be granted a Temporary Work Permit for Canada:

1. Employer applies for Labour Market Impact Assessment, if necessary.
2. Employer extends Temporary Job Offer.
3. Foreign National applies for Work Permit.
4. Work Permit is granted.

LMIA Exempt – International Mobility Program: International Free Trade Agreements

1. NAFTA (“North American Free Trade Agreement”)
2. GATS (“General Agreement on Trade in Services”)
3. Canada-Chile FTA
4. Canada-Peru FTA
5. Canada-Colombia FTA
6. Canada-Korea FTA

The following types of workers are exempt from a LMIA, but need a Work Permit:

1. Workers covered under international agreements, including:
   • professionals
   • traders
   • investors
2. Exchange programs participants, including
   • youth exchange programs
   • teacher exchange program
   • other joint programs
3. Spouses, including:
   • spouses and common-law partners of certain foreign students who study full time;
   • spouses and common-law partners of certain skilled foreign workers; and
   • spouses and common-law partners who are in Canada and have been sponsored through the Family Class by a Canadian citizen or permanent resident and have applied for permanent residence.
4. Workers who are eligible for a work permit through a federal-provincial/territorial agreement
   • Agreements between the Government of Canada and provincial/territorial governments can include specific exemptions from the LMIA process.
5. Workers nominated by a province or territory for permanent residence
   • The worker must have a job offer from an employer based in that province/territory.
6. People already working in Canada who have applied for permanent residence through the Federal Skilled Worker Program, Federal Skilled Trades Program or Canadian Experience Class.
   • The worker must have received a positive eligibility assessment on their permanent residence application and have a work permit that will expire within the next four months to be eligible.
7. Repair personnel for industrial or commercial equipment
   • The worker must be entering Canada to make emergency repairs to industrial equipment or repairs to out-of-warranty equipment. Failure to complete these repairs could result in a disruption of employment.
8. Workers transferred within a company
   • workers who have been transferred to their company’s Canadian operations.
9.  Academics
   • researchers, guest lecturers, visiting professors and others.
10. Co-op students
    • international students studying in Canada and doing co-op work placements or internships as part of their study program.
11. Religious workers
    • people doing charitable or religious work.
12. Workers who are essential to a television or film production, if:
    • the production will create and maintain significant economic benefits for Canadians and permanent residents, and
    • the job is high wage and unionized.
13. Performers or workers in a related job in dance (such as ballet and contemporary), opera, orchestral music or live theatre whose employer:
    • is a Canadian non-profit performing arts company or organization,
    • receives federal funding, and
    • can show that reciprocal opportunities exist for Canadians and permanent residents abroad in the same discipline.
14. Francophones, if they:
    • will live and work in a Francophone community outside Quebec,
    • have been recruited through a Francophone immigration promotional event coordinated between the federal government and francophone minority community stakeholders,
    • use French on a daily basis, and
    • will work in a job at a National Occupation Code (NOC) skill level of 0, A or B.
15. Interns
    1. Workers who will be interns with international organizations recognized under the Foreign Missions and International Organizations Act, for example: International Civil Aviation Organization (ICAO), Inter-American Institute for Cooperation on Agriculture (IICA), or a diplomatic mission of a foreign government.