Employment Authorization

Temporary workers

Legislation’s Role

a) The employment opportunities of Canadians and permanent residents would not be adversely affected.

b) Where temporary job opportunities could not be filled with available Canadian or resident workers.

Foreign workers who intend to come to Canada to take up temporary employment must be documented with an employment authorization. A job validation from a Human Resources Development Canada Center (HRDCC) is required before the applicant can submit the application for employment authorization.

In determining the effect on employment opportunities of Canadians or residents, a process of consultation is in place between the Labour Market and Immigration Groups of the Commission.

In addition, temporary foreign workers seeking to enter Canada to work must apply for and obtain their authorizations before seeking entry at any Canadian port.

The only additional medical requirement, which applies specifically to temporary foreign workers, is that a medical examination to be taken by all workers destined to an occupation in which protection of public health is essential.

Procedures

Inquiries received in Canada – An inquiry from abroad will send a letter of inquiry to the appropriate visa office.
Employment authorization procedures – All foreign workers who are granted employment authorization should be counseled appropriately and asked to report to the officials if any of the following apply:

a) They require advice on their status in Canada.

b) They wish to vary the terms and conditions of their admission.

In completing the employment authorization, the following points should be kept in mind:

a) Each temporary worker is to be issued a separate authorization form as it is not designed to cover more than one person or more than one occupation.

b) An employer, especially as it relates to terms and conditions, would be the commercial establishment or firm at which the employee will work rather than a placement agency or a booking agent. In the case of entertainers who may be performing at various locations, a separate sheet listing their itinerary and names of employers will be attached to the holder’s copy and the office copy of the Employment Authorization.

Counseling of workers – All visitors with employment authorizations are to be advised of their rights and obligations while in Canada, including the limitations of their status, and the social benefits to which they are entitled.