Ministerial Instructions 52 (MI52): New Ministerial Instructions regarding the processing of certain work permit applications

Notice is hereby given under subsection 87.3(6) of the Immigration and Refugee Protection Act (the Act) that the Department of Citizenship and Immigration (the Department) has established the following Ministerial Instructions regarding the processing of certain work permit applications.

Overview

Authority for Ministerial Instructions is derived from section 87.3 of the Act. The Instructions are being issued to ensure that the processing of applications is conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.

The Instructions are consistent with objectives as laid out in section 3 of the Act. Specifically, in order to pursue the maximum social, cultural and economic benefits of immigration aligned with the goals of the new caregiver permanent residence pilots, a moratorium on new caregiver temporary foreign worker intake outside Quebec is necessary to control arrivals without a clear pathway for permanent residence.

These Instructions complement the June 18, 2019 Ministerial Instructions, made pursuant to section 14.1 of the Act, to establish two new economic permanent residence classes for in-home caregivers.

Instructions to refuse to process certain work permit applications

Instructions are directed to designated officers who are charged with handling and/or reviewing applications for work permits.

Officers are instructed not to process applications for work permits made by foreign nationals under subparagraph 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations, if the application is described under Part 1 or Part 2 below:

Part 1. For applications submitted at a port-of-entry:

1. the applicant is making a work permit application on entry to Canada per section 198 of the Immigration and Refugee Protections Regulations; and
2. the applicant intends to engage in work as described under National Occupational Classification (NOC) 4411 (excluding foster parents) and 4412 (excluding housekeepers); or

Part 2. For applications submitted before or after entry to Canada:

1. the applicant is making a work permit application before entry to Canada per section 197 or after entry to Canada per section 199 of the Immigration and Refugee Protections Regulations;
2. the applicant is making a new work permit application (i.e. does not currently hold a valid work or study permit or was not, immediately preceding the application, authorized to work without a work permit under section 186 of the Immigration and Refugee Protection Regulations).
3. the applicant intends to engage in work as described under National Occupational Classification (NOC) 4411 (excluding foster parents) and 4412 (excluding housekeepers);
4. the applicant is destined to a job location outside Quebec; and
5. the assessment, by the Department of Employment and Social Development Canada, and on the basis of which the officer must make a determination pursuant to paragraphs 203(1)(a) to (e) of the Immigration and Refugee Protection Regulations, was requested on or after June 18, 2019.

Coming into effect

These Instructions revoke and replace the New Ministerial Instructions regarding the processing of certain work permit applications signed on June 14, 2019. They take effect on April 22, 2022.

Disposition of applications

Where new work permit applications are not processed pursuant to these instructions, the applicant will be notified of the refusal to process, and the associated work permit processing fee will be returned.

Expiry

These Instructions will expire on June 17, 2024.