2. Policy Intent and General Provisions

This section of the Handbook should provide the user with an understanding of the intent of the Immigration Act, Immigration Regulations and general operating guidelines.

In general, CIC and HRDC policy on foreign workers focuses primarily on the economic benefits accruing to Canada in fulfilling a legitimate need of the Canadian labour market. The priority of both Departments is to protect the employment and career opportunities of Canadian academics as well as to encourage academic excellence.

Under the Immigration Act employment is defined as any activity for which a person receives or might reasonably be expected to receive valuable consideration. In general, a temporary foreign worker may be permitted to work in Canada when his or her employment will not adversely affect employment opportunities for Canadians. Normally, all persons who want to engage in or continue in employment in Canada require a work permit unless they are Canadian Citizens or Permanent Residents.

Persons listed in Immigration Regulation 19(1) are exempt from the need for work permits. Generally, this Regulation identifies persons who enter Canada to take up duties which are not related to the labour market, and who would be admitted to the country regardless of the state of the economy or the employment picture. Foreign academics falling into this category are described in Section 3 of this Handbook.

Specific confirmation exemptions that flow from the Regulations describe circumstances where exemptions from confirmation are warranted because there is a clear beneficial labour market effect or there are other overriding considerations to permit a foreigner to work in Canada. In some instances foreign individuals will create social or cultural benefits to Canada. Also, there are international or reciprocal agreements that place obligations on Canada. These are discussed in detail in Sections 4 and 5 of this Handbook.

Most foreign academics coming to Canada to take employment at post secondary institutions require offers of employment that have been confirmd by Human Resources Development Canada (HRDC). Canada strives to protect employment opportunities for Canadian workers through a process of confirmation of offer of employment. This process certifies that the admission of the foreign worker will have no adverse effect on the Canadian labour market. A discussion of the two tier hiring process for academics is contained in Section 6 of this Handbook.

Certain categories of persons can proceed to Canada without first approaching a Canadian Visa Post abroad. The distinctions are outlined in Sections 7 and 8 of this Handbook.

Some individuals are required to have a medical examination for Immigration purposes. Please see Section 9 of this Handbook for further details.

Citizens of certain countries require Visitor’s Visas in order to travel to Canada. Persons requiring visas must make application for and receive their visas outside of Canada. Please see Section 10 of this Handbook for additional information on this topic.

Persons from most countries of the world require valid passports or travel documents in order to travel to Canada. The Regulations exempt certain classes of persons from this requirement, most notably persons who are citizens or permanent residents of the United States.

Cost recovery charges apply to nationals of all countries except where bilateral agreements specifically exempt certain cases. Please refer to Section 11 of this Handbook.

Revenue Canada, Customs Border Service, is present at all entry points to Canada. Customs inspectors strive to ensure that the arrival of temporary and permanent residents in Canada is as pleasant and problem-free as possible. Some basic Customs information and directions on how to obtain additional information is contained in Section 12 of this Handbook.

Revenue Canada, Taxation, regulates the collection of income tax in Canada. Section 13 of this Handbook provides an introduction to the concepts of residence and non-residence for tax purposes. It also points the way to Interpretation Bulletins published by Revenue Canada on topics of interest to temporary and permanent residents of Canada.