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Expansion of Exemption for Technicians Working on Equipment in Canada

Many repair technicians conducting work under the original sale or lease warranty for equipment in Canada are exempted from the requirement of a work permit under after-sales service provisions that classifies them as business visitors. However, work outside of such warranty or cases that do not otherwise fit into these provisions do require a work permit. Following the June 2014 overhaul of the Temporary Foreign Worker Program, technicians conducting non-warranty work on equipment in Canada became a costly and complicated process. The burden of the Labour Market Impact Assessment (LMIA) fees and process made performing timely repairs a potentially overwhelming process. A recent revision to the International Mobility Program (IMP: work permits exempt from the need for a LMIA) appears to serve to reduce such cost and complexity by increasing the scope of repairs that may fit into provisions governing emergency repairs.

Whereas an official of CIC or CBSA had to be previously satisfied that the work in Canada constituted an emergency, the revised provisions specifically additionally refer to repair personnel for out of warranty equipment. Such personnel are required to have specific knowledge regarding the equipment, and the manufacturer of the equipment should not have any presence in Canada. The applicant should also be able to satisfy the officials that Canadian jobs will be negatively affected in the case that timely repairs cannot be carried out promptly. It is anticipated that such work would ordinarily be completed in less than one month, however it may be possible for admission to be granted for a longer duration or extended with a suitable rationale.

As with all IMP work permits, the employer must complete the compliance filing and remit the $230 fee for such prior to the application for the work permit. At the time of the application, the IMP worker will be subject to the normal CAD$155 processing for the permit itself. Such applications can be processed at a port of entry, at an international mobility worker unit within Canada, or at a visa office, depending on the circumstances of the case and the time available prior to the scheduled start of work.

Date Posted: May 26, 2015 Posted In: Business Visitor,International Mobility Program,Labour Market Impact Assessment,Temporary Work Permits

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