What is Job Validation?

In order to obtain an employment authorization, the Canada Employment Centre (CEC) must issue a "Confirmation of Offer of Employment" (also known as - job validation). A job validation is usually issued for the period of employment and may be issued for a maximum period of three years. Once a job validation is received, an application for an employment authorization may be made to a visa post abroad. The CEC policy consideration to grant a job validation is primarily based on a Canada First Policy. Many Canadian companies find it a difficult and a time consuming process to obtain a job validation from the CEC. Therefore, it is essential to seek an exemption from job validation wherever possible.

Exemptions from Job Validation

Generally there are numerous exemptions for the requirement to obtain a job validation. Immigration officials may issue an employment authorization without the need by the prospective employer to obtain a job validation. However, the foreign workers must still apply to an immigration official (consulate or port of entry) for an employment authorization (Please refer to the Overview Article for where applications for employment authorization may be made). The following list are the most common used exemptions:

1. B10 - FILM CO-PRODUCTION AGREEMENT

   All temporary workers entering Canada to take employment under the terms of the film co-production agreement between Canada and any foreign country. The documentation that is required in this matter is a letter of "approval in principle" for a film co-production agreement issued by Telefilm Canada.

2. A8 - GENERAL ENTERTAINERS

   A person under a contract to fulfil a single or continued guest engagement in the performing arts, except where the engagement is merely incidental to a commercial activity that does not limit itself to artistic presentation or constitutes employment in a permanent position in Canadian organization (persons subscribed in this section are not required to produce documents or evidence that their employment would adversely effect the employment opportunity for Canadian citizens and permanent residence). A number of examples are:

   1. Persons coming to present a concert(s) (i.e. musician, orchestra leaders or conductors).
   2. Guest artists with Canadian organizations including those coming to appear for a season in a particular production or television series.
   3. Persons appearing at clubs which maintain permanent house bands.
   4. When the performance is at a seasonal fair or exhibition operated by a permanent local organization in permanent buildings.
   5. Entertainers coming to appear at ethnic festivals based on presentation of the cultural art from (distinct from festivals or ethnic origin which are basically commercial promotional).
   6. Entertainers who have been hired by foreign countries which are officially represented at a fair or exhibition in order to promote tourism or trade.
   7. Person destined to appear as host or performer at charitable benefits or telethons.
   8. Gospel singers.
   9. Persons coming to make motion picture under inter-government co-production agreements.
   10. Entertainers destined to dinner theatres and comedy clubs.

   However both validation and an employment authorization are required where entertainers are coming to establishments where the performance is secondary or incidental to the establishments' commercial activity and is for the purpose of attracting the public for a purpose other than simply to view or listen to the art form. A number of examples are:

   1. Persons coming to participate in making a motion picture financed completely or in part by Canadian interests.
   2. Foreign artists involved in taped television dramatic productions and live dramatic performances that are being filmed.
   3. Persons coming to make either a film, video tape or sound recording for use in advertising commercials.
   4. Persons coming to do "dubbing" work in film.
   5. Persons participating in ethnic festivals for remuneration.
   6. Persons coming temporarily to occupy permanent positions as members of permanent organizations such theatres, dance groups, orchestras, house bands, etc.
   7. Actors (screen-television).
   8. Persons coming to participate in making a motion picture, documentary, etc., for a foreign film or foreign television company where the funds are entirely foreign, other than the producer(s).
   9. Technicians working in theatre, film and television productions following union consultations.

3. E-19 SIGNIFICANT BENEFITS TO CANADA

   According to s. 25(e)(1) of the Immigration Regulations, a foreign worker is exempt from the labour certification or validation process if in the opinion of an immigration officer the employment will create or maintain significant employment benefits opportunities for Canadian citizens or permanent residents. The Immigration Manual PE, Chapter 7, entitled "Examining Foreign Workers", Section 5.3 (k), that states the following:

   "Under Section 20 (5) (e) of the Immigration Regulations, a person in respect of whom in your opinion the requirements for employment validation outline in Section 20 (1) (a) of the Immigration Regulations should not be applied because:

   1. the person's employment will create or maintain significant employment, benefits or opportunities for Canadian citizens or permanent residence

   In addition, Validation Appendix C, exemption code E-19 states the following:

   Other situations where admission of foreign workers represents significant benefits from Canada. Emphasis should be on the term significant as it appears in the Regulations.

   Finally, reference should be made to the Employment Manual, 1987 EA 17, Appendix A, which states at page 5 (E-19):

   1. Officers will issue this code in situations not outlined in the categories E01, E05, E10 or E15 but where there is no doubt that the admission of the foreign workers does indeed represent significant benefits for Canada, either by creating or maintaining employment benefits or generating other benefits and opportunities not directly related to employment.

   2. The realm of possibilities here is bound only by ones imagination and the emphasis should be on the terms significant which appears in the Regulations.

   The Immigration Manual does not establish guidelines or a set criteria to acquire the E19 - Significant Benefit visa. As such the immigration officer has a wide discretion to provide work authorizations to individuals that will create or maintain significant employment benefits or opportunities for Canadian citizens or permanent residence.

4. INTERNATIONAL AGREEMENTS

   Under Section 20 (5) (b) (i) of the Immigration Regulations, a person who is coming to Canada to engage in employment under an international agreement between Canada and a foreign country or an arrangement entered into with a foreign country by the Government of Canada or by or on behalf of one of the provinces, other than arrangements concerning seasonal workers, is exempt from job validation. These agreements that are listed within the Immigration Manual are as follows:

   1. Cultural Agreements between the Government of Canada and the Government of French Republic
   2. Canada World Youth Program
   3. Roosevelt Campobello International Park
   4. Film Co-production
   5. Cultural
   6. Churchill Research Range
   7. CANADARM
   8. DEW Line
   9. Reconstruction of the Alaska Highway and Haines Road
   10. Co-operative Waterfowl Survey and Banding Program
   11. Canada/France Agreement on the Admission of Professional Trainees
   12. Professional Trainees from Bermuda
   13. Japanese Agricultural Trainee Movement
   14. Young Worker Exchange Program - Switzerland
   15. Cattle - Grub Project
   16. Cultural Exchange Program between the Government of Canada and the People's Republic
   17. Friendship Agreement between Province of Saskatchewan and Jilin Province
   18. International Pacific Halibut Commission
   19. NATO
   20. Organization for Economic Co-operation and Development (OECD)
   21. US Government Employees
   22. The Government of Canada and the Government of Malaysia concerning temporary employment in Canada of professional trainees from Malaysia

5. E5 - SELF-EMPLOYMENT

   A foreign worker may be exempted from obtaining a job validation from the CEC where the applicant can demonstrate that the foreign worker is entering Canada to engage in business activities as a self-employed person and such activities will result in benefits to Canada other than direct employment.

6. E15 - SENIOR INTRA-COMPANY TRANSFEREE

   This category applies to persons in senior executive or managerial categories seeking to enter Canada to work at a Senior Executive or Managerial levels as an intra-company transferee for a temporary period, for employment at a permanent establishment of that company in Canada.

   An employment authorization under this exemption may be issued for a period of one to three years and may be extended for a total period of five years following entry. This should be contrasted to the intracompany transferee provision under NAFTA wherein an employment Authorization may be granted and extended for terms of one year only.

   Note: There are no minimum time requirements for an employee to be employed by the non-Canadian related corporation. This differs from the intra-company transferee provisions of NAFTA and the L-1 category under U.S. immigration law which require an applicant to be employed for at least one year by the U.S. company in the three years preceding the date of transfer.

7. NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

   Entering under NAFTA permits citizens of the United States and Mexico to enter Canada as temporary business persons, if they qualify in one of the following categories:

   1. Business Visitor
   2. Professional
   3. Intra-Company Transferee
   4. Trader and Investor

   Job validation exemptions under NAFTA are discussed elsewhere at this web site.