Regulation 206 — LMIA exemptions — Canadian interests
Text of provision
(1) 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.
(2) Despite subsection (1), a work permit must not be issued to a claimant referred to in subsection 111.1(2) of the Act unless at least 180 days have elapsed since their claim was referred to the Refugee Protection Division.
Plain English
Regulation 206 provides LMIA exemptions for persons in prescribed categories where the work is in the Canadian interest. This includes: persons in Canada under a temporary resident permit (TRP) and those who cannot support themselves without working; persons with a pending PRRA application; and protected persons.
These exemptions recognise that requiring an LMIA for persons in precarious immigration situations would be unreasonable or inhumane.
Practical effect
Protected persons (recognised refugees and persons in need of protection) receive open work permits without an LMIA requirement under r 206. This allows them to work anywhere in Canada while their permanent residence application is processed. Persons with TRPs for compelling reasons may also obtain work authorisation under this provision. The humanitarian rationale for these exemptions is strong — persons unable to work while awaiting status determination face significant hardship.