There are several situations in which an individual can work in Canada without needing to obtain a Temporary Work Permit. However, it is important to note that even if an individual is eligible to work without a permit, they may still require a Temporary Resident Visa to enter Canada temporarily.
The following scenarios outline instances where foreign nationals may perform work in Canada without a work permit:
- Business Visitors
- Foreign Representatives and Their Family Members
- Military Personnel
- Foreign Government Officers
- American Cross-Border Maritime Law Enforcement Officers
- In-Flight Security Officers
- On-Campus Employment
- Performing Artists
- Athletes and Team Members
- News Reporters and Media Crews
- Public Speakers
- Convention Organizers
- Clergy
- Judges, Referees, and Similar Officials
- Examiners and Evaluators
- Expert Witnesses and Investigators
- Health Care Students
- Civil Aviation Inspectors
- Aviation or Accident Investigators
- Crew Members
- Emergency Service Providers
- Implied Status
Business Visitors
This broad category allows individuals who engage in business or trade activities in Canada to enter without a work permit, provided they do not enter the Canadian labor market. All business visitors must meet the following general criteria:
- There must be no intent to enter the Canadian labor market (no gainful employment in Canada).
- The worker’s activities in Canada must be international in scope (business visitors are expected to engage in cross-border activities).
For business visitors working for a foreign employer, the following criteria apply:
- The primary source of the worker’s compensation is outside of Canada.
- The principal place of employment is located outside of Canada.
- The employer’s profits are accrued outside of Canada.
When traveling to Canada, business visitors should be prepared to present documentation to immigration officials that supports their status. This documentation may vary by case but often includes a letter of support from a parent company or an invitation letter from a Canadian company.
Business visitors may fall into the following sub-categories:
- After Sales Service: Individuals may come to Canada to repair, service, supervise installers, and set up or test commercial or industrial equipment, as detailed in the contract of sale.
- Board of Directors Meetings: Members attending board meetings in Canada are eligible as business visitors, even if they are compensated for their time.
- Employees of Short-Term Temporary Residents: Individuals employed in a personal capacity by temporary residents in Canada may be considered business visitors.
- Employees of Foreign Companies Contracting Canadian Companies: Employees sent by foreign companies to ensure work is carried out satisfactorily in Canada may qualify as business visitors if they meet specific criteria.
Foreign Representatives and Their Family Members
Foreign representatives and their personal staff, as well as family members, may work in Canada without a work permit. Foreign representatives must be accredited by the Department of Foreign Affairs and International Trade (DFAIT). Family members of foreign representatives must obtain a ‘no objection letter’ from the Protocol Department of DFAIT to work without a permit.
Military Personnel
Military and civilian personnel in Canada under the Visiting Forces Act may work and study without permits. Their families are also covered by these exemptions. Military personnel are exempt from passport requirements, temporary resident visas, and foreign national medical examinations, although civilians and family members must obtain necessary documents.
Foreign Government Officers
Canada has agreements with other countries for the international exchange of government employees. Foreign workers may come to Canada to work for federal or provincial government departments or agencies. Officers at the executive level require a contract from Canada’s Public Service Commission (PSC), while those below this level do not need a contract but should have a formal letter of agreement for assignments longer than three months.
American Cross-Border Maritime Law Enforcement Officers
Joint Canadian and American crews staff some cross-border law enforcement vessels. American crew members may fulfill their job duties in Canadian territory without needing additional work authorization.
In-Flight Security Officers (IFSOs)
Foreign IFSOs designated by foreign governments to enforce safety on foreign aircraft may work in Canada without a work permit, provided their duties do not extend beyond providing security onboard the aircraft. IFSOs from countries requiring a Temporary Resident Visa (TRV) must secure this visa to perform their duties in Canadian airspace.
On-Campus Employment
Students may work on-campus at their institution if they meet the following criteria:
- They hold a valid study permit.
- They are full-time students at a qualifying institution.
On-campus work authorization is valid for the duration of the study permit, as long as the student remains in full-time studies. Employment may include various standard jobs on campus, and students may work at campuses within the same municipality.
Performing Artists
Many foreign performing artists can work in Canada without a work permit, although some performances may require a Labour Market Impact Assessment (LMIA) and work permit. Immigration, Refugees and Citizenship Canada (IRCC ) has specified common performers and their immigration requirements:
- Entry Without a Work Permit: Bands performing at bars, street performers, and guest artists invited for a limited engagement.
- Work Permit and LMIA Required: Actors and crew in Canadian productions, individuals involved in film and TV productions, and performers in Canadian-based shows.
Certain performers may also work without a permit under different sub-categories, such as film producers and those doing guest spots on Canadian broadcasts.
Athletes and Team Members
Both professional and amateur athletes can travel to Canada to participate in sports events, either individually or as part of a team. This exemption also applies to foreign coaches, trainers, and essential team members. Examples of eligible individuals include:
- Amateur players on Canadian teams
- Foreign pet owners entering their animals in shows
- Race car drivers and jockeys
Spouses of professional athletes may qualify for a Labour Market Impact Assessment-exempt work permit during their time in Canada.
News Reporters and Media Crews
News reporters and their crews can enter Canada to report on events without needing a work permit, provided their employer is not Canadian. However, managerial or clerical personnel are excluded unless covering special events lasting six months or less. Media crews producing travelogues or documentaries may require work permits, subject to the discretion of the Canadian Visa Officer.
Public Speakers
Guest speakers at events, commercial speakers, and seminar leaders can present in Canada without a work permit, as long as the seminar does not exceed five days. Commercial speakers hired by Canadian entities must obtain a Labour Market Impact Assessment (LMIA) and work permit.
Convention Organizers
Individuals organizing conventions or conferences in Canada, along with administrative support staff, may enter without a work permit. However, those hired to perform work for a Canadian event must secure a work permit. Attendees of conferences and meetings are considered business visitors and are exempt from work permit requirements.
Clergy
Individuals providing religious services or spiritual counseling may work in Canada without a work permit. This includes ordained ministers, laypeople, or members of religious orders. Documentation is required to verify the genuineness of the employment offer and the individual’s qualifications.
Judges, Referees, and Similar Officials
Judges and referees may come to Canada to participate in international amateur sports or cultural events without a work permit. However, those involved in professional sports competitions must obtain a positive Labour Market Impact Assessment (LMIA) and work permit.
Examiners and Evaluators
Foreign professors and researchers may enter Canada to evaluate theses and projects without needing a work permit.
Expert Witnesses or Investigators
Experts entering Canada to conduct surveys or analyses for evidence or to testify as witnesses may do so without a work permit.
Health Care Students
Foreign health care students may participate in clinical clerkships or short-term practicums in Canada without work permits, provided these are unpaid and last no longer than four months. Remunerated positions or those exceeding four months require a work permit.
Civil Aviation Inspectors
Flight operations and cabin safety inspectors may inspect international flights without a work permit, provided they are employed by a recognized aeronautical authority.
Aviation Accident or Incident Inspectors
Accredited representatives assisting in aviation accident investigations may do so without securing a work permit, as long as the investigation is conducted under the authority of the Canadian Transportation Accident Investigation and Safety Board Act.
Crew Members
Crew members working on foreign-owned transportation means engaged primarily in international transportation do not need a work permit. However, regulations vary by transportation mode, so eligibility should be confirmed before entering Canada.
Emergency Service Providers
Workers entering Canada to provide emergency services may do so without a work permit, especially in response to natural disasters or commercial accidents. Canada has agreements with the United States to facilitate the movement of emergency aid workers across the border.
Implied Status
Individuals may continue working under the conditions of an expired work permit if they applied for a new one before the original expired. They must remain in Canada while waiting for a decision on their application to maintain implied status. Once a decision is made, they can either continue working under the new permit’s conditions or must leave Canada.