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Part I - Summary and Procedures

2. Authority and Legislation

The TFWP operates under the authority of the Immigration and Refugee Protection Act and Regulations. They describe who may enter and work in Canada and outline the respective roles of the federal departments responsible for regulating the entry of foreign workers into Canada's workforce -- Human Resources and Skills Development Canada (HRSDC)/Service Canada, Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA) 

Section 203 of the Immigration and Refugee Protection Regulations indicate that upon reviewing a work permit application, a CIC officer is to determine, on the basis of an opinion provided by HRSDC/Service Canada, whether the job offer is genuine and employment of a foreign worker is likely to have a neutral or positive effect on the Canadian labour market. This opinion is referred to as a "labour market opinion".

Section 186 of the Regulations describes instances when a labour market opinion by HRSDC/Service Canada is not required. These instances are also listed in How to Hire CIC's Foreign Workers - A Guidebook for Employers.

HRSDC/Service Canada work with employers who want to hire foreign workers. CIC and the CBSA works with foreign workers who want to work in Canada.

2.1 Role of Human Resources and Skills Development Canada/Service Canada

Employers who want to hire foreign workers must first apply to HRSDC/Service Canada for labour market opinions to assess the job offers made to foreign workers. These opinions determine what impact the entry of foreign workers would have on Canada’s labour market, or in other words, how the offers of employment would affect Canadian jobs.

As part of this “Labour Market Opinion,” HRSDC/Service Canada works case-by-case to make sure that employers meet certain eligibility criteria (section 7) such as offering prevailing wage rates (section 11) and acceptable working conditions (section 12), and make comprehensive efforts (section 14) to fill vacant positions with Canadian workers or permanent residents.

2.2 Role of Citizenship and Immigration Canada

Foreign workers must be authorized to work in Canada, either through holding a valid work permit or because they are exempt from this requirement under Section 186 of the Immigration and Refugee Protection Regulations.

Citizenship and Immigration Canada is responsible for issuing the documents required for foreign workers to enter Canada, and helps make the final decisions as to whether foreign workers may enter and work in Canada.

In most cases, CIC will issue work permits to foreign workers when they have job offers from employers in Canada and when employers receive confirmation from HRSDC/Service Canada (labour market opinion) that the employment of foreign workers will have a positive or neutral effect on the Canadian labour market. For instances when an HRSDC Labour Market Opinion is not required consult CIC.

2.3 Role of Canada Border Services Agency

The Canada Border Services Agency’s role is to determine if foreign workers can enter Canada.

CBSA officers screen foreign workers at border crossings and airports to make sure that they meet admissibility requirements. Officers can deny entry if they believe foreign workers do not meet the requirements of the Immigration and Refugee Protection Act and Regulations.

2.4 Role of the Ministère de l’Immigration et des Communautés culturelles

Under the Canada-Quebec Accord federal and provincial governments share jurisdiction with regards to immigration. Job offers to foreign workers of thirty-one days or more in Québec must be approved by both HRSDC/Service Canada and the provincial Ministère de l’Immigration et des Communautés culturelles (MICC). The TFWP officer located in the area where work will first occur is responsible for obtaining both of these approvals. Job offers of thirty days or less do not require provincial approval.

Public or private employers who want to hire foreign workers in Québec must obtain a Québec Acceptance Certificate from MICC.

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Date Modified:
2011-05-27