175. (1) For the purposes of subsection 21(2) of the Act, an application to remain in Canada as a permanent resident must be received by the Department within 180 days after the determination by the Board, or the decision of the Minister, referred to in that subsection.

(2) An officer shall not be satisfied that an applicant meets the conditions of subsection 21(2) of the Act if the determination or decision is subject to judicial review or if the time limit for commencing judicial review has not elapsed.

(3) For the purposes of subsection 21(2) of the Act, an applicant who makes an application to remain in Canada as a permanent resident — and the family members included in the application — who intend to reside in the Province of Quebec as permanent residents and who are not persons whom the Board has determined to be Convention refugees, may become permanent residents only if it is established that the competent authority of that Province is of the opinion that they meet the selection criteria of the Province.

176. (1) An applicant may include in their application to remain in Canada as a permanent resident any of their family members.

(2) A family member who is included in an application to remain in Canada as a permanent resident and who is outside Canada at the time the application is made shall be issued a permanent resident visa if

(a) the family member makes an application outside Canada to an officer within one year after the day on which the applicant becomes a permanent resident; and

(b) the family member is not inadmissible on the grounds referred to in subsection (3).

(3) A family member who is inadmissible on any of the grounds referred to in subsection 21(2) of the Act shall not be issued a permanent resident visa and shall not become a permanent resident.

177. For the purposes of subsection 21(2) of the Act, the following are prescribed as classes of persons who cannot become permanent residents:

(a) the class of persons who have been the subject of a decision under section 108 or 109 or subsection 114(3) of the Act resulting in the loss of refugee protection or nullification of the determination that led to conferral of refugee protection;

(b) the class of persons who are permanent residents at the time of their application to remain in Canada as a permanent resident;

(c) the class of persons who have been recognized by any country, other than Canada, as Convention refugees and who, if removed from Canada, would be allowed to return to that country;

(d) the class of nationals or citizens of a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution; and

(e) the class of persons who have permanently resided in a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution, and who, if removed from Canada, would be allowed to return to that country.

178. (1) An applicant who does not hold a document described in any of paragraphs 50(1)(a) to (h) may submit with their application

(a) any identity document issued outside Canada before the person's entry into Canada; or

(b) if there is a reasonable and objectively verifiable explanation related to circumstances in the applicant's country of nationality or former habitual residence for the applicant's inability to obtain any identity documents, a statutory declaration made by the applicant attesting to their identity, accompanied by

(i) a statutory declaration attesting to the applicant's identity made by a person who knew the applicant, a family member of the applicant, or the applicant's father, mother, brother, sister, grandfather or grandmother prior to the applicant's entry into Canada, or

(ii) the statutory declaration of an official of an organization representing nationals of the applicant's country of nationality or former habitual residence attesting to the applicant's identity.

(2) A document submitted under subsection (1) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if

(a) in the case of an identity document, the identity document

(i) is genuine,

(ii) identifies the applicant, and

(iii) constitutes credible evidence of the applicant's identity; and

(b) in the case of a statutory declaration, the declaration

(i) is consistent with any information previously provided by the applicant to the Department or the Board, and

(ii) constitutes credible evidence of the applicant's identity.

SOR/2004-167, s. 49.

179. An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national

(a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class;

(b) will leave Canada by the end of the period authorized for their stay under Division 2;

(c) holds a passport or other document that they may use to enter the country that issued it or another country;

(d) meets the requirements applicable to that class;

(e) is not inadmissible; and

(f) meets the requirements of section 30.

180. A foreign national is not authorized to enter and remain in Canada as a temporary resident unless, following an examination, it is established that the foreign national and their accompanying family members

(a) met the requirements for issuance of their temporary resident visa at the time it was issued; and

(b) continue to meet these requirements at the time of the examination on entry into Canada.

181. (1) A foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if

(a) the application is made by the end of the period authorized for their stay; and

(b) they have complied with all conditions imposed on their entry into Canada.

(2) An officer shall extend the foreign national's authorization to remain in Canada as a temporary resident if, following an examination, it is established that the foreign national continues to meet the requirements of section 179.

182. On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay and has not failed to comply with any other conditions imposed.

183. (1) Subject to section 185, the following conditions are imposed on all temporary residents:

(a) to leave Canada by the end of the period authorized for their stay;

(b) to not work, unless authorized by this Part or Part 11; and

(c) to not study, unless authorized by this Part or Part 12.

(2) Subject to subsections (3) to (5), the period authorized for the stay of a temporary resident is six months or any other period that is fixed by an officer on the basis of

(a) the temporary resident's means of support in Canada;

(b) the period for which the temporary resident applies to stay; and

(c) the expiry of the temporary resident's passport or other travel document.

(3) The period authorized for the stay of a temporary resident begins on

(a) if they are authorized to enter and remain in Canada on a temporary basis, the day on which they first enter Canada after they are so authorized; and

(b) in any other case, the day on which they enter Canada.

(4) The period authorized for a temporary resident's stay ends on the earliest of

(a) the day on which the temporary resident leaves Canada without obtaining prior authorization to re-enter Canada;

(b) the day on which any work permit or study permit issued to the temporary resident expires;

(c) the day on which any temporary resident permit issued to the temporary resident is no longer valid under section 63; or

(d) the day on which the period authorized under subsection (2) ends, if paragraphs (a) to (c) do not apply.

(5) If a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until

(a) the day on which a decision is made, if the application is refused; or

(b) the end of the new period authorized for their stay, if the application is allowed.

(6) If the period authorized for the stay of a temporary resident is extended by operation of paragraph (5)(a) or extended under paragraph (5)(b), the temporary resident retains their status, subject to any other conditions imposed, during the extended period.

184. (1) A foreign national who enters Canada as a member of a crew must leave Canada within 72 hours after they cease to be a member of a crew.

(2) The following conditions are imposed on a foreign national who enters Canada to become a member of a crew:

(a) [Repealed, SOR/2004-167, s. 50]

(b) to join the means of transportation within the period imposed as a condition of entry or, if no period is imposed, within 48 hours after they enter Canada; and

(c) to leave Canada within 72 hours after they cease to be a member of a crew.

SOR/2004-167, s. 50.

185. An officer may impose, vary or cancel the following specific conditions on a temporary resident:

(a) the period authorized for their stay;

(b) the work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including

(i) the type of work,

(ii) the employer,

(iii) the location of the work,

(iv) the times and periods of the work, and

(v) in the case of a member of a crew, the period within which they must join the means of transportation;

(c) the studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including

(i) the type of studies or course,

(ii) the educational institution,

(iii) the location of the studies, and

(iv) the times and periods of the studies;

(d) the area within which they are permitted to travel or are prohibited from travelling in Canada; and

(e) the times and places at which they must report for

(i) medical examination, surveillance or treatment, or

(ii) the presentation of evidence of compliance with applicable conditions.

SOR/2004-167, s. 51(F).

186. A foreign national may work in Canada without a work permit

(a) as a business visitor to Canada within the meaning of section 187;

(b) as a foreign representative, if they are properly accredited by the Department of Foreign Affairs and International Trade and are in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;

(c) if the foreign national is a family member of a foreign representative in Canada who is accredited with diplomatic status by the Department of Foreign Affairs and International Trade and that Department has stated in writing that it does not object to the foreign national working in Canada;

(d) as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of those armed forces;

(e) as an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency;

(f) if they are a full-time student, on the campus of the university or college at which they are a full-time student, for the period for which they hold a study permit to study at that university or college;

(g) as a performing artist appearing alone or in a group in an artistic performance — other than a performance that is primarily for a film production or a television or radio broadcast — or as a member of the staff of such a performing artist or group who is integral to the artistic performance, if

(i) they are part of a foreign production or group, or are a guest artist in a Canadian production or group, performing a time-limited engagement, and

(ii) they are not in an employment relationship with the organization or business in Canada that is contracting for their services, nor performing in a bar, restaurant or similar establishment;

(h) as a participant in sports activities or events, in Canada, either as an individual participant or as a member of a foreign-based team or Canadian amateur team;

(i) as an employee of a foreign news company for the purpose of reporting on events in Canada;

(j) as a guest speaker for the sole purpose of making a speech or delivering a paper at a dinner, graduation, convention or similar function, or as a commercial speaker or seminar leader delivering a seminar that lasts no longer than five days;

(k) as a member of the executive of a committee that is organizing a convention or meeting in Canada or as a member of the administrative support staff of such a committee;

(l) as a person who is responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group or provide spiritual counselling;

(m) as a judge, referee or similar official at an international amateur sports competition, an international cultural or artistic event or competition or an animal or agricultural competition;

(n) as an examiner or evaluator of research proposals, academic projects or programs or university theses;

(o) as an expert who conducts surveys or analyses that are to be used as evidence before a federal or provincial regulatory body, a tribunal or a court of law or as an expert witness before such a body, tribunal or court of law;

(p) as a student in a health field, including as a medical elective or clinical clerk at a medical teaching institution in Canada, for the primary purpose of acquiring training, if they have written approval from the body that regulates that field;

(q) as a civil aviation inspector of a national aeronautical authority conducting inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights;

(r) as an accredited representative or adviser participating in an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act;

(s) as a member of a crew who is employed by a foreign company aboard a means of transportation that

(i) is foreign-owned and not registered in Canada, and

(ii) is engaged primarily in international transportation;

(t) as a provider of emergency services, including medical services, for the protection or preservation of life or property; or

(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.

187. (1) For the purposes of paragraph 186(a), a business visitor to Canada is a foreign national who is described in subsection (2) or who seeks to engage in international business activities in Canada without directly entering the Canadian labour market.

(2) The following foreign nationals are business visitors:

(a) foreign nationals purchasing Canadian goods or services for a foreign business or government, or receiving training or familiarization in respect of such goods or services;

(b) foreign nationals receiving or giving training within a Canadian parent or subsidiary of the corporation that employs them outside Canada, if any production of goods or services that results from the training is incidental; and

(c) foreign nationals representing a foreign business or government for the purpose of selling goods for that business or government, if the foreign national is not engaged in making sales to the general public in Canada.

(3) For the purpose of subsection (1), a foreign national seeks to engage in international business activities in Canada without directly entering the Canadian labour market only if

(a) the primary source of remuneration for the business activities is outside Canada; and

(b) the principal place of business and actual place of accrual of profits remain predominately outside Canada.

188. (1) A foreign national may study in Canada without a study permit

(a) if they are a family member or a member of the private staff of a foreign representative who is properly accredited by the Department of Foreign Affairs and International Trade and who is in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;

(b) as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of those armed forces; or

(c) if the duration of their course or program of studies is six months or less and will be completed within the period for their stay authorized upon entry into Canada.

(2) Despite paragraph (1)(c), a foreign national may apply for a study permit before entering Canada for a course or program of studies of a duration of six months or less.

SOR/2004-167, s. 52(F).

189. A foreign national who has made an application under subsection 217(1) is authorized to study without a study permit until a decision is made on the application if they have remained in Canada since the expiry of their study permit and continue to comply with the conditions, other than the expiry date, set out on the expired study permit.

190. (1) A foreign national does not require a temporary resident visa if they

(a) are a citizen of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana, Brunei Darussalam, Cyprus, Denmark, Finland, France, Federal Republic of Germany, Greece, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand, Norway, Papua New Guinea, Portugal, Republic of Korea, St. Kitts and Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Slovenia, Solomon Islands, Spain, Swaziland, Sweden, Switzerland or Western Samoa;

(b) are

(i) a British citizen,

(ii) a British overseas citizen who is re-admissible to the United Kingdom, or

(iii) a citizen of a British overseas territory who derives that citizenship through birth, descent, naturalization or registration in one of the British overseas territories of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Island, Saint Helena or Turks and Caicos Islands; or

(c) are a national of the United States or a person who has been lawfully admitted to the United States for permanent residence.

(2) A foreign national does not require a temporary resident visa if they

(a) hold a passport that contains a diplomatic acceptance, a consular acceptance or an official acceptance issued by the Chief of Protocol for the Department of Foreign Affairs and International Trade on behalf of the Government of Canada and are a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies, or of any international organization of which Canada is a member;

(b) hold a passport or travel document issued by the Holy See;

(c) hold a national Israeli passport;

(d) hold a Special Administrative Region passport issued by the Government of the Hong Kong Special Administrative Region of the People's Republic of China; or

(e) hold a British National (Overseas) Passport issued by the Government of the United Kingdom to persons born, naturalized or registered in Hong Kong.

(3) A foreign national does not require a temporary resident visa if they are seeking to enter and remain in Canada solely

(a) subject to an agreement between Canada and one or more foreign countries respecting the obligation to hold such a visa,

(i) as a member of a crew of a means of transportation other than a vessel or to become a member of a crew of a means of transportation other than a vessel, or

(ii) to transit through Canada after working, or to work, as a member of a crew of a means of transportation other than a vessel, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada;

(b) to transit through Canada as a passenger on a flight stopping in Canada for the sole purpose of refuelling and

(i) they are in possession of a visa to enter the United States and their flight is bound for that country, or

(ii) they were lawfully admitted to the United States and their flight originated in that country;

(c) to transit through Canada as a passenger on a flight if the foreign national

(i) is transported by a commercial transporter and there is a memorandum of understanding referred to in subsection (4) in effect between the Minister and the commercial transporter concerning the transit of passengers through Canada without a Canadian visa,

(ii) holds a passport or travel document that was issued by the country of which the foreign national is a citizen or national and that country is listed in the memorandum of understanding, and

(iii) is in possession of any visa required to enter the country of destination;

(d) to carry out official duties as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, unless they have been designated under that Act as a civilian component of those armed forces;

(e) to come to Canada from the United States for an interview with a United States consular officer concerning a United States immigrant visa, if they establish that they will be re-admitted to the United States;

(f) to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they

(i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and

(ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;

(g) to conduct inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights, if they are a civil aviation inspector of a national aeronautical authority and possess valid documentation to that effect; or

(h) to participate as an accredited representative or as an adviser to an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act, if they possess valid documentation to that effect.

(3.1) A foreign national who is a member of a crew and who is carried to Canada by a vessel does not require a temporary resident visa if they are seeking

(a) to enter Canada as a member of the crew of the vessel; and

(b) to remain in Canada solely as a member of the crew of that vessel or any other vessel.

(4) A memorandum of understanding referred to in paragraph (3)(c) shall include provisions respecting

(a) the countries to which the memorandum of understanding applies;

(b) the scheduled flights to which the memorandum of understanding applies; and

(c) the commercial transporter's obligation to control the movement of in-transit passengers.

SOR/2002-326, s. 1; SOR/2002-332, s. 1; SOR/2003-197, s. 2; SOR/2003-260, s. 2; SOR/2004-111, s. 1; SOR/2004-167, s. 53(E).

191. The visitor class is prescribed as a class of persons who may become temporary residents.

192. A foreign national is a visitor and a member of the visitor class if the foreign national has been authorized to enter and remain in Canada as a visitor.

193. A visitor is subject to the conditions imposed under Part 9.

194. The worker class is prescribed as a class of persons who may become temporary residents.

195. 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.

196. A foreign national must not work in Canada unless authorized to do so by a work permit or these Regulations.

197. A foreign national may apply for a work permit at any time before entering Canada.

198. (1) Subject to subsection (2), a foreign national may apply for a work permit when entering Canada if the foreign national is exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa.

(2) A foreign national may not apply for a work permit when entering Canada if

(a) a determination under section 203 is required, unless

(i) the Department of Human Resources Development has provided an opinion under paragraph 203(2)(a) in respect of an offer of employment — other than seasonal agricultural employment or employment as a live-in caregiver — to the foreign national, or

(ii) the foreign national is a national or permanent resident of the United States or is a resident of Greenland or St. Pierre and Miquelon;

(b) the foreign national does not hold a medical certificate that they are required to hold under subsection 30(4); or

(c) the foreign national is a participant in an international youth exchange program, unless they are a national or permanent resident of the United States or their application for a work permit was approved before their entry into Canada.

SOR/2004-167, s. 54.

199. A foreign national may apply for a work permit after entering Canada if they

(a) hold a work permit;

(b) are working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187;

(c) hold a study permit;

(d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;

(e) are a family member of a person described in any of paragraphs (a) to (d);

(f) are in a situation described in section 206 or 207;

(g) applied for a work permit before entering Canada and the application was approved in writing but they have not been issued the permit;

(h) are applying as a trader or investor, intra-company transferee or professional, as described in Section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2(1) of the North American Free Trade Agreement Implementation Act, and their country of citizenship — being a country party to that Agreement — grants to Canadian citizens who submit a similar application within that country treatment equivalent to that accorded by Canada to citizens of that country who submit an application within Canada, including treatment in respect of an authorization for multiple entries based on a single application; or

(i) hold a written statement from the Department of Foreign Affairs and International Trade stating that it has no objection to the foreign national working at a foreign mission in Canada.

SOR/2004-167, s. 55.

200. (1) Subject to subsections (2) and (3), an officer shall issue a work permit to a foreign national if, following an examination, it is established that

(a) the foreign national applied for it in accordance with Division 2;

(b) the foreign national will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;

(c) the foreign national

(i) is described in section 206, 207 or 208,

(ii) intends to perform work described in section 204 or 205, or

(iii) has been offered employment and an officer has determined under section 203 that the offer is genuine and that the employment is likely to result in a neutral or positive effect on the labour market in Canada; and

(d) [Repealed, SOR/2004-167, s. 56]

(e) the requirements of section 30 are met.

(2) Paragraph (1)(b) does not apply to a foreign national who satisfies the criteria set out in section 206 or paragraph 207(c) or (d).

(3) An officer shall not issue a work permit to a foreign national if

(a) there are reasonable grounds to believe that the foreign national is unable to perform the work sought;

(b) in the case of a foreign national who intends to work in the Province of Quebec and does not hold a Certificat d'acceptation du Québec, a determination under section 203 is required and the laws of that Province require that the foreign national hold a Certificat d'acceptation du Québec;

(c) the specific work that the foreign national intends to perform is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute, unless all or almost all of the workers involved in the labour dispute are not Canadian citizens or permanent residents and the hiring of workers to replace the workers involved in the labour dispute is not prohibited by the Canadian law applicable in the province where the workers involved in the labour dispute are employed;

(d) the foreign national seeks to enter Canada as a live-in caregiver and the foreign national does not meet the requirements of section 112; or

(e) the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization unless

(i) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition,

(ii) the study or work was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c);

(iii) section 206 applies to them; or

(iv) the foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act.

SOR/2004-167, s. 56.

201. (1) A foreign national may apply for the renewal of their work permit if

(a) the application is made before their work permit expires; and

(b) they have complied with all conditions imposed on their entry into Canada.

(2) An officer shall renew the foreign national's work permit if, following an examination, it is established that the foreign national continues to meet the requirements of subsection 200(1).

202. A foreign national who is issued a work permit under section 206 or paragraph 207(c) or (d) does not, by reason only of being issued a work permit, become a temporary resident.

203. (1) On application under Division 2 for a work permit made by a foreign national other than a foreign national referred to in subparagraphs 200(1)(c)(i) and (ii), an officer shall determine, on the basis of an opinion provided by the Department of Human Resources Development, if the job offer is genuine and if the employment of the foreign national is likely to have a neutral or positive effect on the labour market in Canada.

(2) The Department of Human Resources Development shall provide the opinion referred to in subsection (1) on the request of an officer or an employer or group of employers. A request may be made in respect of

(a) an offer of employment to a foreign national; and

(b) offers of employment made, or anticipated to be made, by an employer or group of employers.

(3) An opinion provided by the Department of Human Resources Development shall be based on the following factors:

(a) whether the employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens or permanent residents;

(b) whether the employment of the foreign national is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;

(c) whether the employment of the foreign national is likely to fill a labour shortage;

(d) whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards;

(e) whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents; and

(f) whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.

(4) In the case of a foreign national who intends to work in the Province of Quebec, the opinion provided by the Department of Human Resources Development shall be made in concert with the competent authority of that Province.

SOR/2004-167, s. 57.

204. A work permit may be issued under section 200 to a foreign national who intends to perform work pursuant to

(a) an international agreement between Canada and one or more countries, other than an agreement concerning seasonal agricultural workers;

(b) an agreement entered into by one or more countries and by or on behalf of one or more provinces; or

(c) an agreement entered into by the Minister with a province or group of provinces under subsection 8(1) of the Act.

205. A work permit may be issued under section 200 to a foreign national who intends to perform work that

(a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents;

(b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;

(c) is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria, namely,

(i) the work is related to a research, educational or training program, or

(ii) limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada's academic institutions or economy; or

(d) is of a religious or charitable nature.

206. A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national

(a) has made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been determined; or

(b) is subject to an unenforceable removal order.

207. A work permit may be issued under section 200 to a foreign national in Canada who

(a) is a member of the live-in caregiver class set out in Division 3 of Part 6 and meets the requirements of section 113;

(b) is a member of the spouse or common-law partner in Canada class set out in Division 2 of Part 7;

(c) is a protected person within the meaning of subsection 95(2) of the Act;

(d) has applied to become a permanent resident and the Minister has granted them an exemption under section 25 of the Act; or

(e) is a family member of a person described in any of paragraphs (a) to (d).

208. A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national

(a) holds a study permit and has become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for the financial support to complete their term of study; or

(b) holds a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months.

SOR/2004-167, s. 58.

209. A work permit becomes invalid when it expires or when a removal order that is made against the permit holder becomes enforceable.