Section 30 — Right to work or study
Text of provision
(1) A foreign national may not work or study in Canada unless authorized to do so under this Act.
(1.1) An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations.
(1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister justify such a refusal.
(1.3) In applying subsection (1.2), any refusal to give authorization to work in Canada requires the concurrence of a second officer.
(1.4) The instructions referred to in subsection (1.2) shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.
(1.41) An officer may revoke a work permit if, in the officer’s opinion, public policy considerations that are specified in instructions given by the Minister justify the revocation.
(1.42) For greater certainty, subsection (1.41) does not affect any other lawful authority to revoke a work permit.
(1.43) If, in the view of the Department of Employment and Social Development, public policy considerations that are specified in instructions given by the Minister of Employment and Social Development justify it, that Department may
(a) revoke an assessment provided by that Department with respect to an application for a work permit;
(b) suspend the effects of the assessment; or
(c) refuse to process a request for such an assessment.
(1.44) For greater certainty, subsection (1.43) does not affect any other lawful authority to revoke an assessment referred to in that subsection.
(1.5) Instructions given under this section shall be published in the Canada Gazette.
(1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada and requests to provide an assessment with respect to an application for a work permit, including those applications and requests that were made before that day and for which a final decision has not been made.
(1.7) The instructions cease to have effect on the day on which a notice of revocation is published in the Canada Gazette.
(2) Every minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level.
Plain English
Section 30 establishes the default rule for work and study: a foreign national in Canada may not work or study unless the Act or Regulations specifically permit it. This is an opt-in system — the default is prohibition, and authorisation must be found in law.
Section 30(1) prohibits work without authorisation. Section 30(2) prohibits study without authorisation. Authorisation is given through work permits (s 6 of the IRPR) and study permits (s 10 of the IRPR), or through specific exemptions in the IRPR.
Practical effect
Many temporary residents are authorised to work or study by the conditions of their visa class. For example, study permit holders are generally authorised to work 20 hours per week off-campus during the academic year. International graduates hold Post-Graduation Work Permits.
Working without authorisation is a breach of s 30 and can result in removal. However, not all work requires a work permit — IRPR Part 2 sets out extensive exemptions including certain business visitor activities, certain intra-company transfers, and certain emergency services work.