Work Permit Exemption for Registered Indians (SOR/2018-249)

Policy effect

Amends section 186 of the Immigration and Refugee Protection Regulations to add paragraph (x), explicitly exempting foreign nationals who are registered Indians under Canada's Indian Act from the requirement to obtain a work permit to work in Canada. Phase scope: entire

Conditions and exceptions

Validated condition or limit: Amends section 186 of the Immigration and Refugee Protection Regulations to add paragraph (x), explicitly exempting foreign nationals who are registered Indians under Canada's Indian Act from the requirement to obtain a work permit to work in Canada.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Work Permit Exemption) Amendment 1 Section 186 of the Immigration and Refugee Protection Regulations footnote 1 is amended by striking out “or” at the end of paragraph (v), by adding “or” at the end of paragraph (w) and by adding the following after paragraph (w): (x) if they are an Indian. Coming into Force 2 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Although the Immigration and Refugee Protection Act provides a right to enter and remain in Canada for all individuals who are registered Indians under the Indian Act, the Immigration and Refugee Protection Regulations (the Regulations) do not expressly exempt registered Indians from the requirement to obtain a work permit to work in Canada. Introducing such an exemption will be more aligned with policy intent and the right of entry. Background The 1976 Immigration Act, by virtue of subsection 4(3), granted Indians registered under the Indian Act the same rights and obligations that Canadian citizens had under immigration legislation. This meant that a registered Indian had the right to enter and remain in Canada … from the requirement to obtain a work permit by amending the relevant work permit provision of the Regulations. Description The regulatory amendment will ensure that all individuals who enter Canada and are registered as Indians under the Indian Act are not required to obtain a work permit. “One-for-One” Rule The “One-for-One” Rule does not apply to this regulatory amendment, as there is no change in administrative costs to business. Small business lens The small business lens does not apply to this regulatory amendment, as there are no costs to small business. Consultation This regulatory package …

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2018

• 2018-01-11Modification of citizenship revocation decision-maker under Bill C-6
• 2018-01-24Mandatory Refusal to Allow Application Withdrawal During Inadmissibility Reporting (SOR/2018-5)
• 2018-03-10Moratorium on Farm Management Applications under the Federal Self-Employed Persons Class
• 2018-03-27Clarification of End of Examination for Refugee Claimants (SOR/2018-60)
• 2018-03-27Permanent Regulatory Repeal of the Cumulative Duration Rule for Temporary Foreign Workers (SOR/2018-61)
• 2018-04-11Transition of Start-up Business Class into Permanent Regulatory Program (SOR/2018-72)
• 2018-06-01Temporary Public Policy Regarding Excessive Demand on Health and Social Services
• 2018-06-05Regulations Amending the Immigration and Refugee Protection Regulations
• 2018-06-26Express Entry ITA Application Submission Window Reduction
• 2018-07-31Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2018-128)
• 2018-10-17Alignment of Inadmissibility Grounds with the Cannabis Act (SOR/2018-170)
• 2018-11-02Streamlined Administrative Enforcement of Unenforced Removal Orders Abroad (SOR/2018-232)
• 2018-11-30Regulations Amending the Citizenship Regulations (SOR/2018-264)