Skip to content

The limits of open work permits

Kathleen Leighton

In Canada, foreign nationals have various options to obtain either “employer-specific” or “open” work permits – we discuss this distinction in greater detail here. Open work permits can be obtained by individuals in different circumstances, including (among others):

  • graduated international students who are eligible to obtain a Post-Graduation Work Permit;
  • individuals applying through International Experience Class (only in some cases);
  • individuals who hold a valid work permit at the time they apply for permanent residency through the Express Entry system and who are eligible for a Bridging Open Work Permit; and
  • spouses and common-law partners of certain skilled workers or international students.

However, it is important to note that the term “open” can be deceiving. While open work permits provide far greater flexibility than employer-specific work permits, they are not free of restrictions. Read more to understand some of the limits of open work permits, and how to overcome occupation restrictions.

Open work permit restrictions

There are various restrictions on all temporary residents, including open work permit holders, as imposed by regulation. These restrictions include, but are not limited to, that temporary residents:

  1. must leave Canada by the end of the period authorized for their stay;
  2. must not work for an employer in a business where there are reasonable grounds to suspect a risk of sexual exploitation of workers – this can include strip club, massage parlours, and escort agency businesses; and
  3. must not study, unless otherwise authorized.

These restrictions will apply whether or not any conditions appear on the work permit itself.

Additionally, foreign nationals who are looking to work in occupations in which the protection of public health is essential will have to submit to a medical exam. Otherwise, the open permit will have occupation restrictions, namely a prohibition from working in:

  1. childcare;
  2. primary and secondary school education; and
  3. health services field occupations.

Note that medical exams can also be required for those who have spent time in certain designated countries, in some circumstances. Otherwise, there can also be restrictions against working in agricultural occupations.

As with the other implied restrictions noted above, these occupation restrictions are applicable even if they are not written on the work permit itself.

Officers also have the ability to impose additional conditions on the work permit, including with respect to the location of work. Therefore, work permit holders should ensure they review the details of their permit for such limits.

Overcoming occupation restrictions

As noted, medical exams are required for individuals to work in childcare, primary and secondary school education, and health services field occupations, even if the temporary resident otherwise holds an open permit.

That said, it is important to note that the medical exam must be completed before the work permit is issued to obtain a permit without these occupation restrictions. If a temporary resident already holds an open work permit, but has not yet completed a medical exam, they must:

  1. complete an “up-front” medical exam with a designated panel physician; and
  2. submit an application to change their work permit conditions.

In other words, the medical exam on its own is not sufficient to obtain authorization to work in these restricted occupations.

Additionally, if the applicant applied for their work permit from abroad and was already issued a Port of Entry Letter of Introduction, but has not yet travelled to Canada and obtained their open work permit, they may:

  1. complete an “upfront” medical exam with a designated panel physician; and
  2. bring their medical Information Sheet confirming completion of the exam to the border services officer when entering Canada.

It is important to keep in mind that medical exam results are not processed and made available in the system for border officers to view right away. There can be a delay, and the officer will need to be able to see the results in the system in order to issue an open permit free of occupation restrictions.

Conclusion

Open work permit holders should be aware that not all applicable restrictions may be listed on the permit itself, and they should seek advice if they need clarification on the limits of their permit.

Similarly, employers should seek advice to ensure any employees who hold open work permits are not restricted from working as contemplated, particularly those in education, childcare, agricultural, and health services entities.

Our immigration group would be pleased to advise on open work permits and assist with change of conditions applications as needed.

SHARE

Archive

Search Archive


 
 

Client Update: Truth or Consequences – The New Duty of Honest Performance in Commercial Contracts

November 17, 2014

The Supreme Court of Canada’s unanimous decision in the breach of contract case Bhasin v Hrynew, 2014 SCC 71 was released on November 13, 2014. The case is important in the law of contracts because…

Read More

Client Update: Recent Changes to the Temporary Foreign Worker Program

August 28, 2014

On June 20, 2014, the Government of Canada announced a series of reforms to overhaul the Temporary Foreign Worker Program (“TFWP”). These reforms, many of which are effective immediately, function to: Re-organize the TFWP  The…

Read More

Atlantic Employers’ Counsel – Summer 2014

August 1, 2014

The Editor’s Corner Clarence Bennett Summer is halfway over, but we know you will want to take this edition along with you while you enjoy more summer weather and time out of the office. Employers…

Read More

Client Update – Tsilhqot’in Nation – An East Coast Perspective

July 9, 2014

On June 26, 2014, the Supreme Court of Canada released one of the most significant aboriginal law decisions since Marshall – Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 (also known as the William decision).  This decision could have…

Read More

Client Update: Nova Scotia Supreme Court awards $500,000 in Punitive Damages in LTD case

July 9, 2014

In Industrial Alliance Insurance and Financial Services Inc. v. Brine, 2014 NSSC 219, National Life (and later its successor Industrial Alliance) alleged Brine had received undisclosed CPP and Superannuation disability benefits resulting in a substantial overpayment of…

Read More

Client Update: One final reminder – Are You Ready for Anti-Spam?

June 20, 2014

Any individual, business or organization that uses email, text messages or social networks to promote their products and services should take note of Canada’s Anti-Spam Legislation and its accompanying regulations. Effective July 1, 2014, the…

Read More

Doing Business in Atlantic Canada (Summer 2014)(Canadian Lawyer magazine supplement)

June 17, 2014

IN THIS ISSUE: Consistent Use: The Collection of Union Members’ Personal Information by their Union by Alison Strachan and Jonah Clements. Single Incident of Offensive and Threatening Facebook Post is Just Cause by Harold Smith, QC. The New Anti-Spam Law –…

Read More

Surprise Amendments to the Newfoundland and Labrador Labour Relations Act

June 3, 2014

 Yesterday, Monday June 2, 2014, the Government of Newfoundland and Labrador introduced brand new (and unexpected) amendments to the Labour Relations Act. The full text of the proposed amendment can be accessed here. Bill 22, if it…

Read More

Doing Business in Atlantic Canada

May 26, 2014

Download as a PDF

Read More

Doing Business in Atlantic Canada

May 26, 2014

Download as a PDF

Read More

Search Archive


Scroll To Top