Operational Bulletin 287 - April 14, 2011

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Processing of Work Permit Applications for Temporary Foreign Workers in Quebec

Summary

Quebec Law governing the Certificat d’acceptation du Québec (CAQ) for foreign nationals has changed. Effective April 1, 2011, it is no longer a requirement for foreign nationals working on a temporary basis in Quebec to work solely for the employer named on the CAQ.

Issue

The purpose of this Operational Bulletin is to provide instructions to Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency officers on the processing of Work Permit (WP) applications for temporary agricultural workers in Quebec after amendments to the Regulations pursuant to the Quebec « Loi sur l’immigration », to be implemented on April 1, 2011.

Background

On April 1, 2011, amendments to the Regulations pursuant to the « Loi sur l’immigration au Québec » came into effect. An amendment to paragraph 50(c) of the Regulations to the « Loi sur l’immigration au Québec » relates to WP requirements of foreign nationals employed in Quebec as temporary agricultural workers. Following implementation, it will no longer be a requirement under Quebec law for such foreign nationals to work exclusively for the employer indicated on the CAQ that permitted the foreign national to obtain a WP.

Instructions

CIC’s requirements have not changed:

  • Temporary foreign agricultural workers entering Quebec through the provisions of the Pilot Project for Occupations Requiring Lower Levels of Formal Training are required to work for the same employer named on their WP and on the Labour Market Opinion (LMO) issued by Service Canada. With the change to Quebec’s Regulations, however, the employer’s name no longer needs to match the name that appears on the CAQ for the foreign national.
  • Foreign nationals from Mexico, Jamaica, Antigua, Barbuda, Barbados, Dominica, Grenada and Montserrat admitted to Canada to work for farm employers through the Seasonal Agricultural Workers Program will continue to be issued. WPs allowing them to take employment in any province other than Newfoundland and Labrador with any agricultural employer that has been issued a neutral or positive LMO by Service Canada. Workers employed in Quebec will also require a CAQ, but the name of the agricultural employer does not need to match the employer indicated on the CAQ.
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