GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 188
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. 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. SOR/2004-167, s. 52(F); SOR/2014-14, s. 6
Immigration and Refugee Protection Regulations — 189
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.
Immigration and Refugee Protection Regulations — 189.1
New study permit application 189.1 A foreign national who has submitted an application for a new study permit in accordance with section 217.1 is authorized to study at the designated learning institution , as defined in section 211.1, that is named in that application until a decision is made on the application if (a) the foreign national has remained in Canada since they received their letter of acceptance from the designated learning institution named in the application; (b) the foreign national continues to comply with the conditions set out in their previous study permit, other than the condition that they remain enrolled at the designated learning institution named in that permit; and (c) before the foreign national completed their course or program of study, the designated learning institution named in the previous study permit (i) closed, (ii) discontinued the course or program of study in question, (iii) was placed on the suspension list referred to in subsection 222.6(1), or (iv) lost its designated status. SOR/2024-219, s. 2
Immigration and Refugee Protection Regulations — 190
g 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. 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. 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. SOR/2002-326, s. 1; SOR/2002-332, s. 1; SOR/2003-197, s. 2; SOR/2003-260, s. 2; SOR/2004-111, s. 1; SOR/2004-167, s. 53(E); SOR/2006-228, s. 1; SOR/2007-238, s. 1; SOR/2008-54, s. 1; SOR/2008-308, s. 1; SOR/2009-105, s. 1; SOR/2009-163, s. 9(F); SOR/2009-207, s. 1; SOR/2009-208, s. 1; SOR/2010-265, s. 1; SOR/2011-125, s. 3; SOR/2011-126, s. 3; SOR/2012-171, s. 1; SOR/2013-201, s. 1; SOR/2014-267, s. 1; SOR/2015-77, s. 6; SOR/2016-293, s. 1; SOR/2017-147, s. 2; SOR/2017-246, s. 3; SOR/2018-109, s. 4 SOR/2019-212, s. 10(F) SOR/2023-249, s. 10(F)
Immigration and Refugee Protection Regulations — 191
Class 191 The visitor class is prescribed as a class of persons who may become temporary residents.
Immigration and Refugee Protection Regulations — 192
Visitor 192 A foreign national is a visitor and a member of the visitor class if the foreign national has been authorized to enter and remain in Canada as a visitor. SOR/2011-126, s. 4(F)
Immigration and Refugee Protection Regulations — 193
Conditions 193 A visitor is subject to the conditions imposed under Part 9.
Immigration and Refugee Protection Regulations — 194
Class 194 The worker class is prescribed as a class of persons who may become temporary residents.
Immigration and Refugee Protection Regulations — 195
Worker 195 A foreign national is a worker and a member of the worker class if the foreign national has been authorized to enter and remain in Canada as a worker.
Immigration and Refugee Protection Regulations — 196
Work permit required 196 A foreign national must not work in Canada unless authorized to do so by a work permit or these Regulations.
Immigration and Refugee Protection Regulations — 196.1
Restrictions 196.1 A foreign national must not enter into an employment agreement, or extend the term of an employment agreement, with an employer (a) who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages; or (b) referred to in subparagraph 200(3)(h)(ii) or (iii). SOR/2013-245, s. 4; SOR/2015-144, s. 4 SOR/2022-142, s. 4
Immigration and Refugee Protection Regulations — 196.2
Abuse 196.2 (1) For the purpose of this Part abuse consists of any of the following: (a) physical abuse, including assault and forcible confinement; (b) sexual abuse, including sexual contact without consent; (c) psychological abuse, including threats and intimidation; (d) financial abuse, including fraud and extortion; and (e) reprisals. Reprisal (2) For the purpose of subsection (1) reprisal consists of any measure, including the following, that is taken by or on behalf of an employer against a foreign national referred to in subparagraph 200(1)(c)(ii.1) or (iii) – and that adversely affects the foreign national’s employment or working conditions – because the foreign national has reported that the conditions set out in section 209.2 or 209.3 have not been complied with or has in good faith cooperated with an inspection conducted under section 209.7, 209.8 or 209.9: (a) a disciplinary measure; (b) a demotion; (c) a dismissal; or (d) any threat to take any of the measures mentioned above. SOR/2017-56, s. 2 SOR/2022-142, s. 5
Immigration and Refugee Protection Regulations — 197
Application before entry 197 A foreign national may apply for a work permit at any time before entering Canada.
Immigration and Refugee Protection Regulations — 198
Application on entry 198 (1) Subject to subsection (2), a foreign national may apply for a work permit when entering Canada if the foreign national is exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa. Exceptions (2) A foreign national may not apply for a work permit when entering Canada if (a) a determination under section 203 is required, unless (i) the Department of Employment and Social Development has provided an assessment under paragraph 203(2)(a) in respect of an offer of employment — other than seasonal agricultural employment — to the foreign national, or (ii) the foreign national is a national or permanent resident of the United States or is a resident of Greenland or St. Pierre and Miquelon; (b) the foreign national does not hold a medical certificate that they are required to hold under subsection 30(3); or (c) the foreign national is a participant in an international youth exchange program, unless they are a national or permanent resident of the United States or their application for a work permit was approved before their entry into Canada. SOR/2004-167, s. 54; SOR/2010-172, s. 5; 2013, c. 40, s. 237; SOR/2015-147, s. 1; SOR/2016-136, s. 4; SOR/2017-78, s. 7 SOR/2019-212, s. 11(F)
Immigration and Refugee Protection Regulations — 199
Application after entry 199 A foreign national may apply for a work permit after entering Canada if they (a) hold a work permit; (b) are working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187; (c) hold a study permit; (d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months; (e) are a family member of a person described in any of paragraphs (a) to (d); (f) are in a situation described in section 206 or 207; (g) applied for a work permit before entering Canada and the application was approved in writing but they have not been issued the permit; (h) are applying as a trader or investor, intra-company transferee or professional, as described in Section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2(1) of the North American Free Trade Agreement Implementation Act , and their country of citizenship — being a country party to that Agreement — grants to Canadian citizens who submit a similar application within that country treatment equivalent to that accorded by Canada to citizens of that country who submit an application within Canada, including treatment in respect of an authorization for multiple entries based on a single application; or (i) hold a written statement from the Department of Foreign Affairs and International Trade stating that it has no objection to the foreign national working at a foreign mission in Canada. SOR/2004-167, s. 55
Immigration and Refugee Protection Regulations — 200
 6] (ii) ineligible under paragraph 209.95 (1)(b), or (iii) in default of any amount payable in respect of an administrative monetary penalty, including if the employer fails to comply with a payment agreement for the payment of that amount. Non-application of paragraph (3)(e) (3.1) Paragraph (3)(e) does not apply to a foreign national referred to in subsection 207.1(1) who engaged in unauthorized work in Canada or failed to comply with a condition of a previous permit or authorization. (4) [Repealed, SOR/2018-61, s. 1] Genuineness of job offer (5) A determination of whether an offer of employment is genuine shall be based on the following factors: (a) whether the offer is made by an employer that is actively engaged in the business in respect of which the offer is made, unless the offer is made for employment as a live-in caregiver; (b) whether the offer is consistent with the reasonable employment needs of the employer; (c) whether the terms of the offer are terms that the employer is reasonably able to fulfil; and (d) the past compliance of the employer, or any person who recruits the foreign national for the employer, with the federal or provincial laws that regulate the employment or recruitment of employees, including foreign nationals, in the province in which it is intended that the foreign national will work. SOR/2004-167, s. 56; SOR/2010-172, s. 2; SOR/2012-154, s. 10; SOR/2013-245, s. 5; SOR/2014-139, s. 5(F); SOR/2015-25, s. 1; SOR/2015-144, s. 5; SOR/2017-78, s. 8; SOR/2018-26, s. 1; SOR/2018-61, s. 1 SOR/2019-148, s. 1 SOR/2022-142, s. 6
Immigration and Refugee Protection Regulations — 201
Application for renewal 201 (1) A foreign national may apply for the renewal of their work permit if (a) the application is made before their work permit expires; and (b) they have complied with all conditions imposed on their entry into Canada. Renewal (2) An officer shall renew the foreign national’s work permit if, following an examination, it is established that the foreign national continues to meet the requirements of section 200. SOR/2010-172, s. 3
Immigration and Refugee Protection Regulations — 202
Temporary resident status 202 A foreign national who is issued a work permit under section 206 or paragraph 207(c) or (d) does not, by reason only of being issued a work permit, become a temporary resident.
Immigration and Refugee Protection Regulations — 203
 of the conditions referred to in paragraph (a) would put at serious risk the health or safety of the foreign national, if the work permit was issued. Basis of Assessment (2.1) The assessment provided by the Department of Employment and Social Development on the matters set out in paragraphs (1)(a) to (g) must be based on any information provided by the employer making the offer and any other relevant information. Factors — effect on labour market (3) An assessment provided by the Department of Employment and Social Development with respect to the matters referred to in paragraph (1)(b) must, unless the employment of the foreign national is unlikely to have a positive or neutral effect on the labour market in Canada as a result of the application of subsection (1.01) or (1.1) be based on the following factors: (a) whether the employment of the foreign national will or is likely to result in direct job creation or job retention for Canadian citizens or permanent residents; (b) whether the employment of the foreign national will or is likely to result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents; (c) whether the employment of the foreign national is likely to fill a labour shortage; (d) whether the working conditions offered to the foreign national meet generally accepted Canadian standards; (e) whether the employer will hire or train Canadian citizens or permanent residents or has made, or has agreed to make, reasonable efforts to do so; (f) [Repealed, SOR/2022-142, s. 7] (g) whether the employer has fulfilled or has made reasonable efforts to fulfill any commitments made, in the context of any assessment that was previously provided under subsection (2), with respect to the matters referred to in paragraphs (a), (b) and (e). Period of validity of assessment (3.1) An assessment provided by the Department of Employment and Social Development shall indicate the period during which the assessment is in effect for the purposes of subsection (1). Province of Quebec (4) In the case of a foreign national who intends to work in the Province of Quebec, the assessment provided by the Department of Employment and Social Development shall be made in concert with the competent authority of that Province. Affiliate (5) For the purposes of this section, an affiliate includes (a) an employer that is controlled by another employer; (b) two employers that are under common control; or (c) employers that are not operated at arm’s length. Control (6) For the purposes of subsection (5), control, whether direct or indirect, exercised or not, includes (a) common ownership; (b) common management; (c) common interests; (d) shared facilities or equipment; or (e) common use of services of employees. SOR/2004-167, s. 57; SOR/2010-172, ss. 4, 5; 2013, c. 40, s. 237; SOR/2013-150, s. 1; SOR/2013-245, s. 6; SOR/2014-84, s. 1; SOR/2015-144, s. 6; SOR/2015-147, s. 1 SOR/2020-91, s. 5 SOR/2022-142, s. 7
Immigration and Refugee Protection Regulations — 204
Agreements or arrangements 204 A work permit may be issued under section 200 to a foreign national who intends to perform work under (a) an agreement or arrangement between Canada and the government of a foreign state or an international organization, other than an agreement or arrangement concerning seasonal agricultural workers; (b) an agreement entered into by one or more countries and by or on behalf of one or more provinces; (c) an agreement entered into by the Minister with a province or group of provinces under subsection 8(1) of the Act; or (d) a youth mobility agreement or arrangement between Canada and the government of a foreign state or the competent authority of any other foreign territory, or between Canada and an international or domestic organization, that would create or maintain reciprocal employment for Canadian citizens in a foreign state or territory. SOR/2018-26, s. 2 SOR/2024-240, s. 2
Immigration and Refugee Protection Regulations — 205
Canadian interests 205 A work permit may be issued under section 200 to a foreign national who intends to perform work that (a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents; (b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries; (c) is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria, namely, (i) the work is related to a research program, (i.1) the work is an essential part of a post-secondary academic, vocational or professional training program offered by a designated learning institution as defined in section 211.1, (i.2) the work is an essential part of a program at the secondary level (A) that is a vocational training program offered by a designated learning institution in Quebec, or (B) that is a program offered by a designated learning institution that requires students to work in order to obtain their secondary or high school diploma or certificate of graduation, or (ii) limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada’s academic institutions or economy; or (d) is of a religious or charitable nature. SOR/2014-14, s. 7
Immigration and Refugee Protection Regulations — 206
No other means of support 206 (1) A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national (a) has made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been determined; or (b) is subject to an unenforceable removal order. Exception (2) Despite subsection (1), a work permit must not be issued to a claimant referred to in subsection 111.1(2) of the Act unless at least 180 days have elapsed since their claim was referred to the Refugee Protection Division. SOR/2012-252, s. 2; SOR/2014-139, s. 6(F)
Immigration and Refugee Protection Regulations — 207
Applicants in Canada 207 A work permit may be issued under section 200 to a foreign national in Canada who (a) [Repealed, SOR/2017-78, s. 9] (b) is a member of the spouse or common-law partner in Canada class set out in Division 2 of Part 7; (c) is a protected person within the meaning of subsection 95(2) of the Act; (d) has applied to become a permanent resident and the Minister has granted them an exemption under subsection 25(1), 25.1(1) or 25.2(1) of the Act; or (e) is a family member of a person described in any of paragraphs (a) to (d). SOR/2010-252, s. 3; SOR/2017-78, s. 9
Immigration and Refugee Protection Regulations — 207.1
Vulnerable workers 207.1 (1) A work permit may be issued under section 200 to a foreign national in Canada if there are reasonable grounds to believe that the foreign national is experiencing or is at risk of experiencing abuse in the context of their employment in Canada and if they (a) hold a work permit issued under subparagraph 200(1)(c)(ii.1) or (iii); or (b) previously held a work permit issued under subparagraph 200(1)(c)(ii.1) or (iii), have applied for a renewal of that permit under subsection 201(1) and are authorized to work in Canada under paragraph 186(u). Family member of vulnerable worker (2) A work permit may be issued under section 200 to a foreign national in Canada who is a family member of a person described in paragraph (1)(a) or (b). SOR/2019-148, s. 2
Immigration and Refugee Protection Regulations — 208
Humanitarian reasons 208 A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national (a) holds a study permit and has become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for the financial support to complete their term of study; or (b) holds a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months. SOR/2004-167, s. 58
Immigration and Refugee Protection Regulations — 209
Invalidity 209 A work permit becomes invalid when it expires or when it is cancelled under section 209.01, 209.02 or 243.2. SOR/2024-11, s. 2 SOR/2025-11, s. 5
Immigration and Refugee Protection Regulations — 209.01
Cancellation due to error 209.01 An officer may cancel a work permit that was issued to a foreign national if the officer is satisfied that the work permit was issued based on an administrative error. SOR/2025-11, s. 5
Immigration and Refugee Protection Regulations — 209.02
Cancellation 209.02 A work permit that was issued to a foreign national is cancelled if (a) the foreign national becomes a permanent resident; or (b) the foreign national is deceased. SOR/2025-11, s. 5
Immigration and Refugee Protection Regulations — 209.1
Definition of document 209.1 For the purposes of this Division, document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked. SOR/2013-245, s. 7