Lecture 9: Immigration and Employment Law

Who is legally allowed to work in Canada?

Canadian citizens and permanent residents

What is the characterstic regarding Canadian citizens?

They are not subject to the notwithstanding clause

Are foreign nationals allowed to work in Canada?

No, they are not allowed to work unless authorized by the Act. If they are allowed to work, they must have a valid temporary resident status.

What is an instance where foreign nationals are allowed to work?

Without necessarily having a work permit, foreign students may work up to \~20 hours/week per semester and full-time outside of the regular semester.

How come the government enacted a regulation allowing students to work full-time even during the semester?

To palliate to the labour shortage

What is the definition of work?

Work is an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market

What does “wages and commission” mean?

It is the salary paid by an employer to an employee for fulfilling a service contract

What does it mean for an activity to compete directly with the activities of Canadian citizens/PRs?

It is when foreign nationals perform an activity that a Canadian citizen/permanent resident should have the opportunity to perform

What are the two types of work permits?

Open and employer-specific (closed) work permit

What is an open work permit?

It allows the holder to work for any employer in Canada, including oneself

What are some examples of people eligible for an open work permit?

International student who graduated from a designated learning institution, student who is no longer able to meet the cost of their studies (destitute student), and refugees

What are some exceptions of the open work permit?

An open work permit holder may not work for an employer: 1) who regularly offers striptease, erotic dance, escort services or erotic massages, 2) who is listed as ineligible on the list of employers who have been found non-compliant

What is an employer-specific (closed) work permit?

It allows the holder to work according to the conditions stated on their permit. It specifies the employer the worker is allowed to work for, their job title, and the location of work, among other things.

What happens if a worker gets a promotion at the same company with a closed work permit?

The worker is allowed to take on the promotion with the same work permit if the salary difference isn’t too significant. If the salary difference is too significant, the worker must apply for a new permit

What happens if the worker gets another job for another employer?

The worker needs to get a new work permit. Given that they will most likely not receive it in time, the govt. introduced a policy allowing people waiting on their work permit status to receive a letter of confirmation stating that they can work while they wait for their work permit

What is a specific characteristic of a closed work permit?

It may not be issued for sex work or for the benefit of an employer listed as ineligible due to non-compliance

What happens if an employer, who hires foreign workers, is found to be noncompliant with the conditions set out in the immigration regulation?

They may be issued a warning, receive a monetary penalty, or be banned from hiring workers for a specified period

What are the 3 triggers that may cause an employer to be inspected for regulation compliance?

Past noncompliance, random selection, reason to suspect (anonymous tips, media outlets)

What is abuse?

Any behaviour that scares, controls or isolates you could be abuse. Abuse can be physical, sexual, financial or mental

What is the program enacted by the government regarding vulnerable workers?

If a worker is being abused or at risk of being abused in relation to their job in Canada, they may be eligible for an open work permit for vulnerable workers