CIC wants to ensure that granting a work permit to a foreign worker will not result in fewer jobs for skilled Canadians and that the foreign worker is being paid and treated in accordance with Canadian labour standards.

Some exemptions to this general requirement do exist and are briefly discussed below:

International agreements facilitate the movement of foreign workers into Canada which benefit our economy and allow the government to meet other objectives involving trade, commerce, foreign policy, culture and foreign relations. Therefore, foreign workers hoping to enter Canada for employment may not be required to obtain a positive labour market opinion.

For example, foreign workers admitted under the North American Free Trade Agreement, the Chile Free Trade Agreement or the General Agreement on Trade in Services will not be required to obtain a labour market opinion.

If a foreign worker does not qualify for one of the listed exemptions, an officer may determine that the worker will provide a significant benefit to Canada and have a positive impact on the Canadian labour market. If an officer feels that it is in Canada’s best interest and the worker will provide a significant benefit to the Canadian labour market, he or she may decide that a work permit should be issued without a labour market opinion.

Some entrepreneurs, intra-company transferees, senior managers and workers with a specialized skills and knowledge who will provide significant benefit to Canadians or permanent residents by working in Canada usually qualify for this exemption.

Workers coming into Canada to assist with emergency repair and damage control due to natural disasters, etc are exempt, as are persons undertaking charitable or religious work.

Foreign workers who are involved in exchange programs where their employment in Canada provides similar employment for Canadians abroad are also exempt. An example of this would be a teacher exchange program.

Students who are also not required to complete a co-op work term are not required to obtain a labour market opinion.

Spouses or common-law partners of foreign workers coming to Canada for temporary skilled worker employment may be exempt. An exemption in this situation would depend upon whether their spouse was employed doing work which is at a skill level as determined by the National Occupational Classification list. Their spouse would also have to hold a valid work permit.

There are too many instances where Labour Market Opinion is not required to discuss in this article. If you believe that you may qualify under one of the exemptions, it is best to check in the Foreign Worker Manual or on the Citizenship & Immigration Canada website prior to applying as a foreign worker. Qualifying for one of the exemptions could save you and your prospective employer a lot of time, money and frustration.