Regulation 30 — Work authorisation without a work permit

(1) For the purposes of paragraph 16(2)(b) of the Act, the following foreign nationals are exempt from the requirement to submit to a medical examination:

(a) foreign nationals other than

(i) subject to paragraph (g), foreign nationals who are applying for a permanent resident visa or applying to remain in Canada as a permanent resident, as well as their family members, whether accompanying or not,

(ii) foreign nationals who are seeking to work in Canada in an occupation in which the protection of public health is essential,

(iii) foreign nationals who

(iv) foreign nationals who an officer, or the Immigration Division, has reasonable grounds to believe are inadmissible under subsection 38(1) of the Act,

(v) foreign nationals who claim refugee protection in Canada, and

(vi) foreign nationals who are seeking to enter or remain in Canada and who may apply to the Minister for protection under subsection 112(1) of the Act, other than foreign nationals who have not left Canada since their claim for refugee protection or application for protection was rejected;

(b) a person described in paragraph 186(b) who is entering or is in Canada to carry out official duties, unless they seek to engage or continue in secondary employment in Canada;

(c) a family member of a person described in paragraph 186(b), unless that family member seeks to engage or continue in employment in Canada;

(d) a member of the armed forces of a country that is a designated state as defined in the Visiting Forces Act, who is entering or is in Canada to carry out official duties, other than a person who has been designated as a civilian component of those armed forces, unless that member seeks to engage or continue in secondary employment in Canada;

(e) a family member of a protected person, if the family member is not included in the protected person’s application to remain in Canada as a permanent resident;

(f) a non-accompanying family member of a foreign national who has applied for refugee protection outside Canada; and

(g) foreign nationals who are applying to remain in Canada as a permanent resident and on whom refugee protection has been conferred under paragraph 95(1)(b) or (c) of the Act, as well as their accompanying family members in Canada, if both of the following conditions apply:

(i) they have previously undergone a medical examination that indicates their health condition is not likely to be a danger to public health or public safety or have complied with the medical surveillance conditions imposed under section 32, if any,

(ii) they have not resided or stayed for a period of six consecutive months since their most recent medical examination in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada.

(2) Every foreign national who has undergone a medical examination as required under paragraph 16(2)(b) of the Act must submit to a new medical examination before entering Canada if, after being authorized to enter and remain in Canada, they have resided or stayed for a total period in excess of six months in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada.

(3) Every foreign national who must submit to a medical examination, as required under paragraph 16(2)(b) of the Act, and who seeks to enter Canada must hold a medical certificate — based on the most recent medical examination to which they were required to submit under that paragraph and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand.