ARTICLE
25 September 2024

Hiring A Foreign National At A Canadian Charity Or Non-Profit Organization

A relatively unknown work permit option under Canada's International Mobility Program is the Canadian Interests – Charitable Work stream. This stream simplifies the process for non-profits...
Canada Employment and HR

A relatively unknown work permit option under Canada's International Mobility Program is the Canadian Interests – Charitable Work stream. This stream simplifies the process for non-profits and charities to hire a foreign national in a position directly involved in the charitable purpose of the organization. It may also be used for volunteer positions that compete with the Canadian labour market.

Comparison of Canadian Work Permits

Immigration, Refugees and Citizenship Canada (IRCC) has two programs that facilitate work permits for foreign nationals. First, workers may fall under the Temporary Foreign Worker Program, which requires a Labour Market Impact Assessment (LMIA). This typically requires a minimum 30-days of recruitment following specific requirements. If the recruitment efforts yield no qualified Canadian or permanent resident candidates, the employer proceeds with an application to Employment and Social Development Canada (ESDC). The overall process can take up to 6 months, sometimes longer. If approved, the foreign national proceeds with an application for a work permit.

The second program for work permits is called the International Mobility Program (IMP), and includes all workers exempt from requiring a LMIA. There are no recruitment efforts, nor is there an application to ESDC. With minimal effort and costs to the employer, the foreign national can proceed with a work permit application if they qualify under one of the many IMP streams. For a visa-exempt national, such a work permit application can be processed at a port of entry with a decision made the same day.

Canadian Interests – Charitable Work stream

The Charitable Work stream falls under IMP, and requires no recruitment efforts or application to ESDC.

Employer Requirements

Under the Charitable Work stream, the high-level requirements for an employer are:

  • The work performed by the foreign national (not the organization itself) is of charitable nature. It is not a generalist, managerial or administrative role.
  • The organization must fall within Canada Revenue Agency (CRA) definition of charitable organization, but does not need to be a registered charity.
  • Employer must submit the job offer through an Employer Portal. The employer pays a compliance fee of $230 upon submission if the position includes monetary payment to the foreign national.
  • Employer agrees to meet certain responsibilities and conditions, most of which align with provincial employment standards.

Employee Obligations

If approved, the foreign national will hold a closed work permit allowing them to work with the named employer. They cannot work for any other employer if holding only this work permit. The work permit is issued for the length of the contract, or up to 3 years with possibility of extensions.

More Information

This Charitable Work stream has been a great avenue for non-profits and charities seeking to hire foreign talent for their organization and to fill important volunteer positions. It is the fastest, most cost-effective option.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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