Citizenship and Immigration Canada generally requires that foreign individuals seeking to work temporarily in Canada obtain Employment Authorizations. An Employment Authorization is a document issued by Immigration Canada officials that allows a foreign individual to work at a specific job for a specific employer. Employment Authorizations are valid for a limited time -- usually one year or less. In some cases, Immigration Canada requires applicants to undergo medical examinations.

Immigration Canada defines work as "any activity for which a person receives or might reasonably be expected to receive valuable consideration." Thus, foreign individuals may require Employment Authorizations even if they intend to work in Canada without compensation. 

Employment Authorizations Are Not Required:

If the proposed activities in Canada are required in or beneficial to Canada - regardless of the labor market conditions or unemployment rates in Canada - an Employment Authorization is not required. 

Job Offer Validation: 

Immigration Canada normally requires that a firm job offer from a Canadian employer is present prior to applying for an Employment Authorization. Such a job offer may require the approval of the Canadian Human Resources Development Center (this approval process is known as HRD Validation). In general, Immigration Canada will not issue an Employment Authorization without prior HRD Validation of a Job Offer.

The rationale behind prior HRD Validation of job offers is to ensure that Employment Authorizations are granted only in circumstances where there will not be a negative impact on the Canadian job market. The HRD Validation process thus entails that the Canadian employer demonstrate that a "significant" effort has been made to seek and hire a Canadian for the position in which there is a petition for validation. It is also generally necessary to establish that the temporary worker has special abilities or skills which are not easily found within Canada. Generally, the procedure for obtaining HRD validation of job offers is demanding and time-consuming.

Job Offer Validation Exemptions: 

Fortunately, Immigration Canada provides exemptions to certain categories of Job Offers from the requirement of prior HRD Validation:  

  • Under the North American Free Trade Agreement (NAFTA) / Canada-Chile Free Trade Agreement (CCFTA); 
  • Under the General Agreement On Trade In Services (GATS); 
  • For individuals whose activities will provide significant benefit to Canada; and 
  • Under the Pilot Project for Software Professionals and the Pilot Project for Spouses of Highly-Skilled Temporary Workers. 
      

Port of Entry Requirement: 

Foreign workers are considered to be Visitors in Canada. They must satisfy an Immigration Canada official at the port of entry that the purpose of their entry into Canada is of a temporary nature.