LMO-EXEMPT WORK PERMITS

Some forms of work do not require a work permit at all, such as work done by business visitors, students working
on campus, sports referees, etc. see the complete list in R186. Those entering solely to attend meetings should
normally apply as business visitors. Table 1 covers activity that meets the definition of work in R2 as interpreted
in the Foreign Worker Manual, and thus requires a work permit, but does not require an LMO. Each exempt work
permit is assigned its own exemption code. Table 2 covers situations where an LMO is required, but advertising is
either eliminated or modified.

Exemption

Description

Regulati Exempt
on
ion
Code

TFW
Manual

Open
WP?

INTERNATIONAL AGREEMENTS
Various countries
(non-trade)

NAFTA
Professionals
(also called TN)

NAFTA Investors

NAFTA Intracompany
Transferees

Canada has about 20 MOUs and international

agreements for very specific workers, eg.
Malaysian accounting trainees, film coproducers, Canada-Bermuda MOU, etc.
Specific professional and technical
occupations requiring post-secondary
university or college, eg. librarians,
veterinarians;
must be citizen of USA or Mexico
Where a substantial investment (no minimum
amount; a proportionality test is used) has
been made or is being made in an enterprise
in Canada, the worker seeks entry solely to
develop and direct the enterprise in Canada;
must be
citizen of USA or Mexico
Executive, managerial and Specialized
Knowledge workers transferred to an affiliate
in Canada; citizen of USA or Mexico

R204(a)

T11

5.27

(see list at
p. 49)

NO

R204(a)

T23

5.27
Appendix G

NO

R204(a)

T22

5.27
Appendix G

NO

R204(a)

T24

5.27
Appendix G

NO

NAFTA Traders

A USA or Mexican enterprise engaging in

substantial trade in goods or services in
Canada requires an individual in a
managerial or executive capacity to provide
essential services or essential skills; citizen
of USA or Mexico

R204(a)

T21

5.27

GATS
Professional

Engaged in short-term service in Canada at a

professional level in a designated occupation
[engineer, agrologist, architect, forestry or
geomatics professional, land surveyor,
foreign legal consultant, urban planner,
senior computer specialist]; can be a citizen
or resident of any member nation (150
countries in WTO)
Dealt with as general ICTs under IRPR

R204(a)

T33

5.27

NO

R205

C12

5.27

NO

Besides NAFTA, several other FTAs provide

some labour mobility depending on purpose
or occupation to citizens, and in some cases
permanent residents, of COLOMBIA, PERU,
COSTA RICA, CHILE, ISRAEL

R204(a)

T21
T22
T23
T24

5.27
5.30

NO

Appendix B

R204(c)

T13

5.27

R204(c)

T13

GATS Intracompany
Transferees
Free Trade
Agreements
(Traders,
Investors,
Professionals,
and
Intra-company
Transferees
PNP Agreements:
Provincially
selected (TFWPS)
PNP Agreements:
Provincial
Nominee

Appendix
D

For complete list of Canadas Free Trade Agreements (FTAs)

see Negotiations and Agreements on DFAITs website

MOU with a province may permit LMOexempt work permit

before nomination (varies per province see
list of provincial Annexes in FW Manual)
MOU with a province may permit LMOexempt work permit at POE after nomination
where nominee is urgently required by the
nominating employer; otherwise CPC-V

(see list of
Annexes at p. 53)

NO

5.27

Generally,
NO;
Exception
s eg.
AB
Strategic

(see p. 54)

Recruitme
nt

PNP Agreements:
Ontario
Dependent
Children
PNP Agreements:
Alberta

PNP Agreements:
Alberta

PNP Agreements:
Alberta

PNP Agreements:
British Columbia

Pilot project for working age dependent

children destined to Ontario July 1, 2009
July 30, 2012 - See Operational Bulletin 123

R204(c)

T13
(WDP)

5.27

YES

Pilot project for working age dependent

children of NOC O, A or B workers destined to
Alberta July 1, 2009 July 30, 2012 - See
Operational Bulletin 122
Pilot project for spouses and common-law
partners of long haul truck drivers destined
to Alberta July 1, 2009 July 30, 2012 - See
Operational Bulletin 146
Pilot project for Occupational Specific Work
Permits:
Steamfitter/Pipefitter in Alberta: June 1, 2011
May 31, 2013 See Operational Bulletin
279B

R204(c)

T13
(WDP)

5.27

YES

R204(c)

T13
(LTD)

5.27

YES

R204(c)

T13

5.27

Pilot project for spouses and common-law

partners of NOC C and D workers destined to
BC August 15, 2011 February 15, 2013
See Operational Bulletin 337

R204(c)

T13
(LSS)

5.27

Both
available
dependin
g on
applicant
s
credential
s
YES

CANADIAN INTERESTS SIGNIFICANT BENEFIT

Significant benefit
(general)

Create or maintain significant cultural,

social, or economic benefits or opportunities
for Canadians/PRs

R205(a)

C10

5.28 5.29

NO

Significant benefit
(Entrepreneurs/Selfemployed)

Entering Canada to operate a business

owned or partially (at least 50%) owned by
the foreign national

R205(a)

C11

5.30

NO

Significant benefit
(Intra-Company
Transferees - ICT)

Transferring expertise in executive or senior

management capacity, or through
specialized knowledge, to the Canadian
parent, subsidiary, branch or affiliate of a
foreign enterprise
Personnel needed for emergency repairs to
industrial or commercial equipment to
prevent labour disruption
Mobility among 150 member countries of the
WTO; even if meet more specific GATS
criteria, are processed under the R205(a)
general ICT provisions

R205(a)

C12

5.31

NO

R205(a)

C13

5.32

NO

R205(a)

C12

5.31

NO

Significant benefit
(Emergency repairs)
GATS Intra-Company
Transferee

(p. 68)

CANADIAN INTERESTS: RECIPROCAL EMPLOYMENT

Reciprocal
employment:
(General)

Create or maintain reciprocal employment of

Canadians or PRs as shown by a particular
company or organization

R205(b)

C20

5.33

NO

Reciprocal
employment:
(Cultural
Agreements)

Specific cultural agreements btw Canada

and France, Belgium, Brazil, Germany, Italy,
Japan, Mexico, and China;
World Youth Program, eg volunteer farm
work
Working holiday program (WHP) operated by
DFAIT as part of an array of youth (18-35)
exchange programs with several countries,
eg. Korea, Mexico, UK , Poland all have
slightly different terms
Operated by DFAIT for students from
numerous countries

R205(b)

C20

5.36

NO

R205(b)

C21

5.34

YES

Reciprocal
employment:
International
Experience Canada
(IEC) - WHP
Reciprocal
employment:

Appendix E

R205(b)

C21

5.34

YES
4

IEC - SWAP
Reciprocal
employment:
IEC (General Youth
Mobility)
Reciprocal
employment:
Academic exchanges
Reciprocal
employment:
Research, education
or training program
Reciprocal
employment:
Research, education
or training program
Reciprocal
employment:
Research, education
or training program

C21

Appendix E
5.34

Young professionals, Co-Ops, exchanges

through such organizations as AIESEC,
IAESTE and numerous others see complete
list in Appendix E Criteria vary per program

R205(b)

Guest lecturers, school teachers, visiting

professors

R205(b)

C22

5.35

Co-op terms where research, education or

training is integral to a program of Canadian
studies (up to 50% of program);

R205(c)
(i)

C30

5.37

Students working as part of a program of

study in Canada sponsored by eg. CIDA,
NSERC, AEC; Commonwealth Caribbean
program; holders of research chairs
Students in career colleges and language
schools;
High school students requiring co-op term

R205(c)
(i)

C30

R205(c)
(i)

C30

NO

Appendix E

NO

NO
(employer is
institution)

5.37

NO
(employer is
institution)

5.37

NO
(employer is
institution)

CANADIAN INTERESTS: PUBLIC POLICY AND COMPETITIVENESS

Spouses/commonlaw partners of
skilled workers

Eligible if partner is NOC O, A or B; or

skilled worker under R186; also includes
provincial nominees (incl C&D
occupations); spouse of Post-grad if PG
doing skilled work

R205(c)
(ii)

C41

5.38

YES

Spouses/commonlaw partners of
foreign students

For duration of study permit

R205(c)
(ii)

C42

5.38 (and OP 12,

YES

s. 5.22)

Post-grads

Maximum 3-year WP following graduation

from Canadian post-secondary institution

R205(c)
(ii)

C43

5.38 (and OP 12,

YES

Post-Doc Fellows and

award recipients

Ph.D. holders on stipend or salary for

research, advanced study or teaching;
research award recipients of Canadian or
foreign institutions

R205(c)
(ii)

C44

5.38

NO

Off-campus
employment

Full-time students at post-secondary

institutions after 6 months of study; for 20
hrs/wk plus school breaks

R205(c)
(ii)

C25

5.38 and OP 12, s.

YES

Medical and dental

residents; fellowship
holders

Completing a residency at Cdn hospital or

clinic as part of medical training;
specialists advancing medical research

R205(c)
(ii)

C45

s. 5.24)

5.23)

5.38 (and OB 230)

NO

CANADIAN INTERESTS: RELIGIOUS AND CHARITABLE

Religious workers

Charitable workers

Carrying out duties for Canadian religious

organization (not including R186 spiritual
leaders) without remuneration
Carrying out duties for Canadian charitable
organization
without remuneration

R205(d)

C50

5.39

NO

R205(d)

C50

5.39

NO

Unable to support self otherwise; fee

exempt work permit
Unable to support self otherwise; not fee
exempt
Unable to support self otherwise; not fee
exempt

R206(a)

S61

5.40

YES

R206(b)

S62

5.40

YES

R206(b)

S62

5.40

YES

SELF-SUPPORT
Refugee Claimant
Failed refugee
claimant
Subject to
unenforceable

removal order, eg.

awaiting PRRA or
PRRA claimant

APPROVED IN PRINCIPLE FOR PR STATUS BY CPC-V

Live-in Caregivers

Inland spousal and

C/L partners
Protected persons
Humanitarian and
Compassionate
Family members of
R207 applicants

Completed 2 years of live-in caregiving;

applied for PR but eligibility determination
in LIC class pending
Only after approval in principle; can
request WP (and submit fee) with
application or upon AIP
After being conferred protected person
status under A95(2)
Only after approval in principle under H&C,
while awaiting landing
Spouse, common law partner or dependent
child of above categories, if family member
is in Canada

R207(a)

A70

5.41 (and OB

YES

370)

R207(b)

A70

5.41

YES

R207(c)

A70

5.41

YES

R207(d)

A70

5.41

YES

R207(e)

A70

5.41

YES

R208(a)

H81

5.42

YES

R208(b)

H82

5.42

YES

HUMANITARIAN REASONS
Destitute students

TRP holders

Short term relief for foreign students in

financial difficulty in Canada through
circumstances beyond their control
TRP must be for 6 months or longer; no
means of support

TABLE 2
For more information on these advertising requirements see: Variations to Minimum Advertising Requirements on HRSDC
website.

LMO IS NEEDED, BUT NO ADVERTISING OR RECRUITMENT REQUIRED:

7

1) Post-grad WP holder expiring Employer (existing or new) must be making a permanent job offer in O, A or B
occupation
2) Owners/operators
3) Specialized service technicians or providers
4) Warranty work
5) CSQ holders from Quebec
6) IT Specialists [7 NOC Codes] Quebec only
7) Digital Entertainment Software Engineer (NOC 2173) B.C. only
8) Digital Artist (NOC 5241) - B.C. only
9) Entertainment sector short term positions, needed on short notice for limited time in one location(eg
television crew, boxers, singers)
10)
Employee of foreign government, mission or international organization
11)
Live-in Caregivers if hired from within Canada, e.g. new employer
12)
Live-in Caregivers leaving an abusive situation in Canada
13)
Live-in Caregivers where employer moving to new province and wishes to take LIC

LMO IS NEEDED BUT ALTERNATE RECRUITMENT IS PERMITTED:

1) Live-in Caregivers As per specific recruiting policy for initial LCP work permit from abroad
2) Academics (University Professors) For academics not covered by other exemptions, must be hired as per SC
policy Hiring Foreign Academics in Canada
3) Camp counsellors (Ontario only) Must show efforts to recruit from prior campers, and Canadian students
4) Union positions/promotion of FN to new position Must show internal recruitment process under collective
agreement was followed
5) Exotic dancers only headliners Otherwise, recruitment as per Employer Bulletin
6) Instructors in faith-based schools (provincially recognized) Instead of job bank, may advertise in relevant
e.g. faith-based, publications for 3 months
7) Seasonal Agricultural Worker in Quebec Must recruit according to Hiring Temporary Foreign Workers in
Quebec

LMO Exempt Work Permits ~April 2012 - LG