![]() ![]() The key theme in these regulatory provisions is that the worker or work be “in Canada”. Further, section 196 adds that foreign nationals “must not work in Canada unless authorized to do so by a work permit or these Regulations”. ![]() Section 195 of IRPR states that 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”. Not all “work”, however, is regulated by IRCC. In other words, “volunteering” in an office environment may still be considered work for IRCC’s purposes. However, if you are performing an unpaid activity, this may still be considered work if it is a job that one would usually be paid for or that would provide valuable work experience for Canadian citizens and permanent residents. If you receive money or commission from an employer in return for a service or any other activity, this is considered paid work. … 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.įurther, guidance from Immigration, Refugees and Citizenship Canada (“IRCC”) indicates that work includes both paid and unpaid work in certain circumstances. Work is defined as follows in section 2 of the Immigration and Refugee Protection Regulations (“IRPR”): Do all foreign workers require work authorization regardless of where they will be situated? Read on for an overview of what constitutes “work” for Canadian immigration purposes and the necessary authorization for various remote work scenarios. These trends beg the question of where Canada draws the line on work permit requirements. Employers trying to find workers may also want to offer flexibility and the option for someone to work from home even if they are inside Canada. While not always possible depending on the nature of the job, the ability to hire foreign workers to work remotely from outside Canada has become an attractive option for businesses for this reason. Employers now more than ever must consider hybrid work set-ups to attract and retain employees and meet their labour needs. Over the past couple of years, remote work has even become a necessity as stringent pandemic-related border restrictions and quarantine requirements frustrated many employer’s attempts to bring foreign workers into Canada physically. Employees are now used to working out of the comfort of their own homes, and employers have begun to build trust that their workers can be efficient from their home environments. The desire for flexible work arrangements is nothing new, but remote work in particular has become more prevalent due to both the ongoing digitization of our world and the start of the COVID-19 pandemic. As part our presenting sponsorship of the Halifax Chamber of Commerce’s Annual Fall Dinner, we are pleased to present a series of thought leadership articles highlighting the dinner’s themes of immigration, recruitment, and labour market solutions.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |