Immigration and Refugee Protection Act

Marginal note:Work and study in Canada

• 30 (1) A foreign national may not work or study in Canada unless authorized to do so under this Act.

• Marginal note:Authorization

  (1.1) An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations.

• Marginal note:Instructions

  (1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister justify such a refusal.

• Marginal note:Concurrence of second officer

  (1.3) In applying subsection (1.2), any refusal to give authorization to work in Canada requires the concurrence of a second officer.

• Marginal note:Purpose

  (1.4) The instructions referred to in subsection (1.2) shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.

• Marginal note:Revocation of work permit

  (1.41) An officer may revoke a work permit if, in the officer’s opinion, public policy considerations that are specified in instructions given by the Minister justify the revocation.

• Marginal note:For greater certainty

  (1.42) For greater certainty, subsection (1.41) does not affect any other lawful authority to revoke a work permit.

• Marginal note:Revocation or suspension of an opinion

  (1.43) If, in the view of the Department of Human Resources and Skills Development, public policy considerations that are specified in instructions given by the Minister of Human Resources and Skills Development justify it, that Department may

  • (a) revoke an opinion provided by that Department with respect to an application for a work permit;

  • (b) suspend the effects of the opinion; or

  • (c) refuse to process a request for such an opinion.

• Marginal note:For greater certainty

  (1.44) For greater certainty, subsection (1.43) does not affect any other lawful authority to revoke an opinion referred to in that subsection.

• Marginal note:Publication

  (1.5) Instructions given under this section shall be published in the Canada Gazette.

• Marginal note:Application

  (1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada and requests to provide an opinion with respect to an application for a work permit, including those applications and requests that were made before that day and for which a final decision has not been made.

• Marginal note:Revocation

  (1.7) The instructions cease to have effect on the day on which a notice of revocation is published in the Canada Gazette.

• Marginal note:Minor children

  (2) Every minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level.