Performing arts – [R205(b) – C23] – Canadian interests – Reciprocal employment – International Mobility Program

In these instructions “officer” refers to employees of both Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.

The instructions on this page should be reviewed in conjunction with

• Employer-specific work permits - General processing - International Mobility Program
• Assessing the genuineness of the offer of employment on a work permit application
• Conditions and validity period on work permits (temporary workers)
• Public list of Employers who have been non-compliant

The entry of foreign nationals working in dance (such as ballet or contemporary), opera, orchestra or live theatre contributes to competitive advantages and reciprocal benefits for all Canadians, including Canadian performing artists and performing arts organizations.

Key creative personnel and talent associated with Canadian, non-profit performing arts companies and organizations in the orchestral music, opera, live theatre and dance disciplines may be eligible for an exemption from the Labour Market Impact Assessment (LMIA) requirement, under paragraph 205(b) of the Immigration and Refugee Protection Regulations (IRPR).

On this page

• Eligibility
• Documentary evidence
• Application assessment
  • Review the Offer of Employment
  • Applicants destined for Quebec
• Final decision
  • Approval
  • Refusal

Eligibility

To be eligible under R205(b), administrative code [C23], a foreign national must demonstrate that reciprocal employment opportunities exist for Canadians and permanent residents, and the onus is on the applicant (or the organization) to demonstrate that reciprocity exists. The reciprocity does not need to be one for one (for example, 10 Canadian ballet dancers had opportunities in Europe in one year, while 10 temporary foreign worker ballet dancers were hired by Canadian ballet companies). However, officers must be satisfied that there are similar opportunities available to both Canadians and temporary foreign workers on an annual basis. In assessing reciprocity, officers can consider the relative number and percentage, for instance, for exchanges involving larger numbers of foreign nationals (for example, greater than 25), officers could require a higher minimum proportion of Canadians employed abroad to foreign nationals employed in Canada (for example, at least 75%) than for smaller exchanges.

When the organizations involved have no history of conducting reciprocal exchanges with Canada, it is reasonable to initially limit work permits to a small number of individuals and that subsequent work permits be issued only when reciprocity has been demonstrated. When organizations have a demonstrated history of reciprocal exchanges, they may be permitted some flexibility in the flow of exchange on an annual basis, as long as they are able to demonstrate that the exchanges are similar over a reasonable period of time (for example, five years), there is a general neutral impact on the labour market.

In assessing reciprocity, officers can consider not only the number of individuals working in Canada and abroad, but also employment duration and job level.

Generally, organizations are aware of the specific opportunities abroad that were available to their members in a given year, as well as how many Canadians went abroad to work and how many foreign workers were hired.

For some disciplines and occupations, there may be multiple representative or service organizations able to affirm reciprocity. It is anticipated that the following organizations may provide letters of reciprocity to work permit applicants:

• Dance
  • Canadian Dance Assembly
  • International Alliance of Theatrical Stage Employees (IATSE)
  • Canadian Actors’ Equity Association
  • Regroupement québécois de la danse
• Orchestral music
  • Orchestras Canada
  • Canadian Federation of Musicians
• Theatre
  • IATSE, Canadian Actors’ Equity Association
  • Professional Association of Canadian Theatres
• Opera
  • Opera Canada
  • Canadian Actors’ Equity Association

Not all performing arts occupations are included in C23. Depending on the nature of the work to be performed and how the production is funded, applicants may not be eligible under C23, but may be eligible under another administrative code or exempt from needing a work permit while others may require a labour market impact assessment (LMIA).

See Artistic and performing arts occupations for work permit exemptions under R186, and LMIA and work permit requirements that may apply for various artistic and performing arts occupations.

See Authorization to work without a work permit – Performing artists for occupations that may have authorization to work without a work permit under R186(g).

Documentary evidence

With the application for a work permit, officers should be satisfied that they have documentary evidence of reciprocal employment opportunities that may include either of the following:

• an offer of employment submitted by the employer (that is, the performing arts company or organization), per section R209.11, that clearly indicates
  • the applicant’s job offer (job title and main duties) is in the dance, opera, orchestra or live theatre discipline of the arts
  • the employer is a current recipient of core or composite funding from the Canada Council for the Arts or of financial support via parliamentary appropriation, such as the National Arts Centre

• a letter or other evidence submitted by the applicant that has been provided by the applicable Canadian performing arts representative or service organization and that proves reciprocal international opportunities exist for Canadians in that particular discipline, such as the following:
  • contemporary dancers
  • ballet choreographers
  • opera singers
  • actors in theatrical productions
  • orchestral musicians 

This letter should generally include the following specifications:

• the organization’s mandate, including information on who is eligible for membership
• the discipline in question (dance, live theatre, orchestra or opera) and the types of work (for example, dancer or choreographer) for which the organization can affirm reciprocity
• a statement affirming that reciprocity has been known to exist over the past year, including details on how the organization is able to affirm reciprocity
• the signature of a senior representative of the organization able to affirm reciprocity
• the date of signature

If applicable, the applicant may, to support their work permit application, also provide a copy of a formal agreement between a Canadian performing arts organization and an international performing arts organization that stipulates the employment of particular workers who possess intellectual property related to the production (such as choreography, lighting or set design, or direction).

Application assessment

When officers are reviewing the work permit application in the Performing arts category, the following factors should be reviewed.

Review the Offer of Employment

When assessing if the work permit application meets the requirements of the Performing arts category, officers should review the offer of employment that appears under the Employment Details tab in the Global Case Management System (GCMS) for information provided by the employer or the matching fields on the IMM 5802 form (if the employer was authorized to use it). They must also ensure the applicant is qualified to do the job and have sufficient evidence to demonstrate reciprocity.

Applicants destined for Quebec

Foreign nationals destined to work in Quebec under paragraph R205(b) do not require a Quebec Acceptance Certificate (CAQ).

Final decision

Approval

If the officer is satisfied that the requirements are met, the work permit will be issued under the authority of R205(b). On the Application screen in GCMS, officers should enter the information below in the specified fields:

Refusal

If an officer is not satisfied that all the requirements of R200, including the assessment under R205(b), are met, they must record their reasons and outline the rationale underlying the decision as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.

Refusal reasons should clearly indicate which criteria or what requirement was not met and explain how the conclusion was reached. For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision.

Previous updates

2018-04-11