If you are organizing an event in Canada this summer, your foreign workers will require authorization to work in Canada, either through work permits or work permit exemptions. In this article, we’ll go over which staff are likely to qualify for work permit exemptions and which are likely to require work permits. Work permits can take months to process, so it’s important to plan ahead.
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Which service providers require work permits?
Navigating work authorization in Canada is complex. Some roles qualify for work permit exemptions, while others require work permits.
The table below sets out which roles may be eligible for work permit exemptions and which will require work permits:
| Service Provider Type | Example Activities | Work Permit Exemption |
|---|---|---|
| Event planners (under contract for foreign organization) | Planning and coordinating event logistics. | Yes |
| Exhibit managers (under contract for foreign organization) | Managing exhibits and displays. | Yes |
| Professional conference organizers (under contract for foreign organization) | Organizing and managing conferences. | Yes |
| Destination marketing company personnel (under contract for foreign organization) | Promoting locations and services for events. | Yes |
| Event accommodation consultants (under contract for foreign organization) | Arranging lodging and hospitality for event attendees. | Yes |
| Contract service providers for Canadian events | Installing/dismantling exhibits, staging, AV setup, decorating, lighting, carpentry, carpet laying, electrical work. | No – work permit required |
| Supervisory personnel for foreign events | Supervisory employees involved in event setup tasks, such as installing/dismantling exhibits, staging, AV setup, decorating, lighting, carpentry, carpet laying, electrical work.Supervisors must direct local hires. | No – work permit required |
In addition to the above, permanent employees of foreign organizations that are planning events in Canada may be eligible for work permit exemptions, provided that they are
- Executive organizing committee staff; or
- Administrative support staff.
To qualify for a work permit exemption, you always need to demonstrate that the foreign national is not entering the Canadian labour market.
Even if a foreign national qualifies for a work permit exemption, they’ll need to make the case to immigration officers when seeking entry by demonstrating that they do, in fact, meet the criteria for that exemption.
A letter from an immigration lawyer can assist in demonstrating to officers that your foreign employees qualify for work permit exemptions, saving them time at the border and reducing the risk of refusals.
Note: The Government of Canada defines a “foreign event” in Canada as an event held by an organization that is located in and conducts business from a country other than Canada.
Which work permit do contract service providers require in Canada?
Canadian work permits can be complex and confusing.
You’ll have different work permit options available to you, depending on whether your event counts as a foreign event or a Canadian event.
Some work permits require labour market impact assessments (LMIAs) to apply for, adding additional time and cost.
The table below summarizes:
| Service provider type | Example activities | Work Permit required? | LMIA required? |
|---|---|---|---|
| Contract service providers for Canadian events | Installing/dismantling exhibits, staging, AV setup, decorating, lighting, carpentry, carpet laying, electrical work . | Yes | Yes |
| Supervisory personnel for foreign events | Supervisory employees involved in event setup tasks, such as installing/dismantling exhibits, staging, AV setup, decorating, lighting, carpentry, carpet laying, electrical work.Supervisors must direct local hires. | Yes | No |
Canadian work permits can broadly be classified into two types: Labour Market Impact Assessment (LMIA)-based and LMIA-exempt.
An LMIA is a document required by employers in support of some foreign nationals to enter and work in Canada. This document is required in support of some work permits and is used by the Canadian government to assess the impact of hiring a foreign national on the Canadian labour market.
In addition to advertisement requirements for employers, the LMIA must return a positive or neutral result before a work permit can be issued to a foreign national to enter the Canadian labour market.
In contrast, LMIA-exempt work permits require none of these added steps—foreign workers may simply apply to the Canadian government for these permits, provided they meet all required eligibility criteria.
Foreign service providers to foreign events in Canada may be eligible for the LMIA-exempt “significant benefit” work permit.
Supervisory personnel working at foreign events within Canada do not require an LMIA in support of their work permit as long as the supervisor will be directing local hires.
Additional requirements for entry to Canada
Simply qualifying for a work permit exemption or having a work permit in hand does not guarantee that your foreign employees will be admitted to Canada.
They’ll still have to seek entry from border control officers and meet Canada’s admissibility requirements for foreign nationals.
Employees with criminal records, health conditions, or a history of misrepresentation risk being found inadmissible and denied entry.
If you plan ahead, you can take various steps to overcome inadmissibility and reduce the chance of your employees being turned away at the border.
Experienced immigration lawyers can provide advice on whether or not your employees are likely to be found inadmissible and can help take proactive steps to overcome inadmissibility if necessary.