Immigration and Refugee Protection Regulations

Marginal note:Effect on the labour market

• 203 (1) On application under Division 2 for a work permit made by a foreign national other than a foreign national referred to in subparagraphs 200(1)(c)(i) and (ii), an officer shall determine, on the basis of an opinion provided by the Department of Human Resources Development, if the job offer is genuine and if the employment of the foreign national is likely to have a neutral or positive effect on the labour market in Canada.

• Marginal note:Opinion on request

  (2) The Department of Human Resources Development shall provide the opinion referred to in subsection (1) on the request of an officer or an employer or group of employers. A request may be made in respect of

  • (a) an offer of employment to a foreign national; and

  • (b) offers of employment made, or anticipated to be made, by an employer or group of employers.

• Marginal note:Factors

  (3) An opinion provided by the Department of Human Resources Development shall be based on the following factors:

  • (a) whether the employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens or permanent residents;

  • (b) whether the employment of the foreign national is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;

  • (c) whether the employment of the foreign national is likely to fill a labour shortage;

  • (d) whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards;

  • (e) whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents; and

  • (f) whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.

• Marginal note:Province of Quebec

  (4) In the case of a foreign national who intends to work in the Province of Quebec, the opinion provided by the Department of Human Resources Development shall be made in concert with the competent authority of that Province.