Regulation 28 — Work permits — general
Text of provision
For the purposes of subsection 15(1) of the Act, a person makes an application in accordance with the Act by
(a) submitting an application in writing;
(b) seeking to enter Canada;
(c) seeking to transit through Canada as provided in section 35; or
(d) making a claim for refugee protection.
Plain English
Regulation 28 provides that a foreign national may be issued a work permit if they are not inadmissible, they will leave Canada at the end of their authorised period, and they meet the applicable work permit requirements. Most work permits require a Labour Market Impact Assessment (LMIA) confirming that no Canadian citizen or permanent resident is available for the position.
The exceptions to the LMIA requirement — which are significant and include intra-company transferees, CUSMA/USMCA workers, and IEC participants — are set out in s 204 of the IRPR.
Practical effect
Work permits are either employer-specific (closed) or open. Closed permits restrict the holder to a specific employer, occupation, and sometimes location. Open work permits allow the holder to work for any eligible employer in Canada in any occupation. The category of work permit has major implications for the worker's flexibility. LMIA-based work permits tie the worker to the specific employer named in the LMIA until the permit is changed — a structural vulnerability that has been criticised in the context of worker protection.