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Who is legally permitted to work in Canada? - Answer- Canadian citizens or permanent
residents. If not, one must have a work permit to work in Canada
- Exceptions: there are specific circumstances under which a foreign nationals may
work in Canada without a permit. However, they must maintain valid temporary resident
status
There is an exception that students might be permitted to work full time under the
regular scheduled breaks -> to cope with labour shortage
How work is defined in regulations - Answer- Activity for which wages is paid or
commission is earned, or that is in direct competition with the activities of Canadian
citizens or permanent residents in the Canadian labour force
Scenario:
Work:
Self-employment such as opening up a cleaning shop or fast food franchise is an
example of work
Not work:
Uncle helping nephew build his own cottage is NOT work
Telephone long distance telephone or internet work done by temporary resident,
remunerated from outside of canada is NOT work
Types of work permit
Open work permit - Answer- Open work permit
Allows the holder to work for any employer in Canada including oneself (with some
exceptions)
Who can apply for an open work permit?
Check link
International student who graduated from a designated institution or a eligible graduate
program
Destitute student -> students who can no longer support themselves for their studies
Someone who applies for PR
Spouse or common law partner, if you want to sponsor them for PR, the individual
would be eligible for a work permit
Refugee claimant -> also eligible for work permit
Open permit restrictions:
Who regularly offers striptease, erotic dance, escort services or erotic massages
(Cannot work for illegal sex work)
, Who is listed as ineligible who have been found as non-compliant
If employer found to be non-compliance - Answer- Will be tested (47:25)
If employers are found to be non-compliance, they might be issued a warning or more
severe sanctions, they receive a monetary penalty and they will be banned from hiring
foreign worker for a specific period of time;
This could be crippling to businesses that are highly dependant on foreign workers, but
also to the foreign worker who is already employed as their work permit may be revoked
Along with the more severe sanction comes the added embarrassment of being added
to the publicly available list of bad actors
Objective of Charter of the French (CFL) - Answer- Objective
to make French the normal and everyday language of work, instruction, communication,
commerce and business.
Application (s. 135) - Answer- Application (s. 135)
All forms of business (sole proprietorship, partnerships and corporations) must apply the
CFL
The right to work in french (13:29) - Answer- The right to work in french (13:29)
Employees have the right to work in French (s. 4)
French must be used in:
Written communications to staff (s. 41)
Offers of employment and promotion (s. 41)
Offers of employment published in a newspaper in another language must be
simultaneously published in French (s. 42)
Collective agreements (s. 43)
Written communications of employee associations to their members (s. 49)
Dismissal on the basis of language - Answer- Dismissal on the basis of language
Employers are prohibited from dismissing, laying off, demoting or transferring an
employee for the sole reason that:
The employee is only French-speaking
The employee has insufficient knowledge of another language
The employee has demanded a right arising from Ch. VI of the CFL be respected
(protection from reprisals)
S. 45. An employer is prohibited from dismissing, laying off, demoting or transferring a
member of his staff or taking reprisals against or imposing any other penalty on the staff
member for the sole reason that the member is exclusively French-speaking or does not
have sufficient knowledge of a given language other than the official language or for any
of the following reasons: (1) the staff member has demanded that a right arising from
the provisions of this chapter be respected;