Business Immigration Planning Advisory Services

Generally, yes. A foreign worker is required to have a valid job offer from a Canadian employer to secure a work permit. However, the exception lies where the foreign national is eligible for an open work permit.

Given that not all temporary foreign workers are eligible for an open work permit, it is more likely that a prospective employer will need to secure a Labour Market Impact Assessment (“LMIA”) with Employment and Social Development Canada for a foreign national’s role in Canada, or alternatively, if the role is LMIA-exempt, the employer will need to submit an Offer of Employment with Immigration, Refugees and Citizenship Canada.

Low-skilled or semi-skilled work generally includes work in the trades, primary and manufacturing industries, sales and services, as well as specific clerical and assistant roles.

Employment and Social Development Canada (“ESDC”) has categorized low-skilled labour for immigration purposes. Low-skilled and semi-skilled workers have been classified into the following two (2) National Occupational Classification (“NOC”) categories:

• Skill Type C, which includes occupations that usually require a secondary school and/or occupation-specific training; and
• Skill Type D, which includes occupations for which on-the-job training is provided.

Ontario’s Employment Protection for Foreign Nationals Act, 2009 (the “EPFNA”) provides key rights and obligations for recruiters, employers, and foreign workers. Specifically, the EPFNA applies to foreign nationals who work or are seeking work in Ontario under a temporary employment program.

The EPFNA describes the following rights and obligations for foreign workers and employers in Ontario:

• Prohibits recruiters from charging any fees to foreign nationals in arranging for employment in Canada;
• Prohibits employers from recovering or attempting to recover any costs associated with arranging and/or securing employment of a foreign worker in Canada;
• Prohibits recruiters and employers from obtaining and/or retaining the foreign worker’s property, including passport and work permit; and
• Prohibits the recruiter, employer, or another person acting on their behalf, from intimidating or penalizing the foreign from asserting his/her rights under the Act.

Individuals who have had their rights violated may be entitled to recourse under the EPFNA, in addition to other remedies under the law, such as damages for wrongful dismissal and related severance.

In Canada, there are two types of work permits that are issued – open work permits and employer-specific work permits.

The first type of work permit, an open work permit, essentially allows a foreign national to work for any employer in Canada, subject to some exceptions. Open work permits impose little to no restrictions on foreign nationals, and foreign nationals seeking to switch roles and/or employers are generally eligible to do so under their open work permit if it remains valid.

The second type of work permit issued in Canada, an employer-specific work permit, permits a foreign national to carry out a specific mandate for a specific employer. Foreign nationals holding this type of permit are generally severely restricted with respect to their employment in Canada, including with respect to occupational classification, location, and the employer and generally must obtain a new work permit to commence employment for a different employer in Canada.

Generally, yes. Under the Employment Insurance Act, all “insured” workers may access EI benefits given that they have paid their EI premiums and have satisfied the minimum requirements, including completion of 600 hours of insurable employment.  The number of insurable hours required can vary depending upon relevant factors such as regional unemployment rates and program-specific exemptions, such as those relating to COVID-19.

However, a foreign worker may be exempt from EI coverage when they remain covered by an EI program in their originating country while working temporarily in Canada.