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This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Important: The LMIA exemption code associated with this work permit category has changed.
Please see Labour market impact assessment (LMIA) exemption codes – International Mobility Program for the correct codes
An open work permit can only be issued to a foreign national under one of the Labour Market Impact Assessment (LMIA) exemptions.
The instructions on this page should be reviewed in conjunction with
An open work permit enables a person to work for any employer for a specified period of time. An open restricted permit may restrict the occupation or location but not the employer.
Note: Although there are no restrictions on the open work permit concerning the employer name, the foreign national is still subject to the general conditions imposed on all temporary residents under subsection 183(1) of the Immigration and Refugee Protection Regulations (IRPR), including paragraph R183(1)(b.2), which states that the foreign national cannot work for an employer who is ineligible (see Public list of employers who have been non-compliant).
Open work permit holders also cannot enter into or extend an employment agreement with an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massage.
A foreign national may apply for an open work permit outside Canada, at a port of entry or after arrival to Canada, as per program requirements.
There are 2 types of open work permits:
Under the Application screen, enter the following:
| Field | Selection or input |
|---|---|
| Province of destination | Unknown |
| City of destination |
Unknown Note that the name of the city is entered automatically from the IMM 1295 or IMM 5710 form. Officers are required to change it to “Unknown” before imposing the conditions on the work permit. |
| Exemption code | Enter the LMIA exemption code of the program requested. |
| NOC |
9999 (if the application is received on or before November 15, 2022) 99999 (if the application is received on or after November 16, 2022)
|
| Intended occupation | Open |
| Employer | Open |
The unrestricted work permit can be issued to any eligible applicant who has passed an immigration medical examination with a result of M1, M2 or M3 (medical examination passed), or who has failed the medical examination due to excessive demand concerns (M5) but satisfies the criteria of section R206 or paragraph R207(c) or (d).
Note: Medical surveillance must be imposed for persons whose surveillance code is S.2.02 or S2.02U. Remarks on the permit should indicate “medical surveillance required.”
On the Application screen, enter the following:
| Field | Mandatory | Selection or input |
|---|---|---|
| Province of destination | Yes |
Enter the province employment is restricted to as per the requirements of the LMIA exemption category. For example, bridging open work permits issued to provincial nominees or open work permits issued to Quebec Selection Certificate holders under A76. |
| Exemption code | Yes | Enter the LMIA exemption code of the program requested. |
| NOC | Yes |
If not occupationally restricted 9999 (if the application is received on or before November 15, 2022) 99999 (if the application is received on or after November 16, 2022) or if there is an occupation restriction, enter the National Occupational Classification (NOC) for the occupation |
| Conditions | Yes | Not authorized to work at any other location |
| Field | Mandatory | Selection or input |
|---|---|---|
| NOC | Yes, when program occupation restriction |
NOC code as per the program restriction For example, FMIOA interns or caregivers |
| Conditions | Yes, when program occupation restriction | Not authorized to work in any other occupation |
| NOC | Yes, when the medical result requires an occupation restriction (M3 or M5) |
9999 (if the application is received on or before November 15, 2022) 99999 (if the application is received on or after November 16, 2022) |
| User remarks | Yes, when the medical result requires an occupation restriction (M3 or M5) |
The occupational restriction stated in the medical narrative should be imposed under section R185. For example, if the panel physician noted that the person should not be a pilot or work at heights or near open machinery, the officer should impose the condition “Not authorized to work in occupations involving heights or open machinery or as a pilot” in the User remarks field. |
| NOC | Yes, when no medical examination completed |
9999 (if the application is received on or before November 15, 2022) 99999 (if the application is received on or after November 16, 2022) |
| Conditions | Yes, when no medical examination completed | Where a foreign national has not completed an immigration medical examination, conditions must be imposed restricting specific occupational sectors, as per Medical conditions to be imposed for occupation-restricted work permits. |
Important: Persons assessed as M4 or M6 (risk to public health or safety) are not allowed to work. If the condition is controlled, a new medical examination is required before a work permit may be issued.
If a medical examination was not completed, one of the conditions below must be imposed. The specific occupational sector restriction will depend on whether the person has resided in a designated or non-designated country.
For persons from non-designated countries, the following condition should appear on the work permit:
“Not authorized to work in 1) child care, 2) primary or secondary school teaching, 3) health services field occupations.”
For persons from designated countries, the following condition should appear on the work permit:
“Not authorized to work in 1) child care, 2) primary or secondary school teaching, 3) health services field occupations, 4) agricultural occupations.”
Note: For clarity, “occupations” in the medical condition as written in GCMS means “settings” as per the If the duration of the visit is six months or less instructions. For example, all occupations in a hospital from janitor to doctor require a medical exam, not just those who are in health service occupations, and all employees in a day care require a medical exam, not just the teachers.
In addition to having to meet the requirements of who can apply at the port of entry [R198] and who can apply after entry [R199], some LMIA exemption categories have restrictions on where the person can submit their application for a work permit.
| Category | Before entry | On entry | After entry | ||||
|---|---|---|---|---|---|---|---|
| Refugee claimants and those under an unenforceable removal order [R206(a) or (b) – code S61 or S62] | |||||||
| Applicants for permanent residence from within Canada [R207 – code A70] | |||||||
| Open work permit for vulnerable workers [R207.1 – code A72] | |||||||
| Humanitarian reasons [R208(a) or (b) – code H81 or H82] | |||||||
| Canada World Youth Program participants [R205(b) – code C20] | |||||||
| International Experience Canada (IEC): Working Holiday participants [R205(b) – code C21] (there are also specific recognized organizations whose participants receive open work permits) | * | ** | |||||
| Family members of foreign representatives and of military personnel who are LMIA exempt [R205(b) – code C20], where a reciprocal arrangement exists | *** | ||||||
| Professional athletes who are authorized to enter Canada on the basis of paragraph R205(b) – code C20 and who require other work to support themselves while playing for a Canadian team (for instance, as part of the Canadian Football League) | |||||||
| Spouses or common-law partners of | |||||||
| Spouses or common-law partners of foreign students [R205(c) – code C42] | |||||||
| Bridging open work permits [R205(a) – code A75] | |||||||
| Open work permit pilot program for permanent residence applicants in the spouse or common-law partner in Canada class [R207 – code A70] | |||||||
| Post-graduation work permits [R205(c) – C43] | |||||||
| Post-secondary co-op [R205(c) – code C32] and secondary co-op [R205(c) – code C33] | |||||||
| Occupation-restricted open work permit under Home Child Care Provider Pilot or Home Support Worker Pilot – Category A applicants [R205(a) – C90] [principal applicant: R205(a) – code C90] [dependants: R205(a) – code C91] | |||||||
| Quebec Selection Certificate (CSQ) holders currently outside Quebec [R205(a) – A76] |
Subsection R303.2(1) requires that a fee be payable by a person for the rights and privileges conferred by means of an open work permit only if that person
There are exceptions to the payment of the open work permit holder fee for specific persons. Subsection R303.2(2) provides the list of exceptions.
Important: If the person applying for an open work permit is not as described above, then they do not have to pay the fee. It is not that they are exempt but that the fee is not applicable at all.
If they have paid the fee in error, it must be refunded as the department has no legal authority to collect the funds.
P01: Persons who do not pay a work permit processing fee under the IRPR, with the exception of International Experience Canada participants.
P02: Members of the live-in caregiver class in Canada who have applied for permanent residence under paragraph R207(a), and their family members.
P03: Persons not listed in subsection R303.2(1) as required to pay the fee. They are not “exempt” from the fee as they are not required to pay it at all.
When the officer’s decision is to refuse the work permit application, they should clearly state what eligibility or admissibility requirements are not met and why they are not satisfied. Consult Decision making: Standard of review and process for making a reasonable decision.