Performing-artist work-permit exemption extended to bars and restaurants

Policy effect

Effective June 20, 2014, SOR/2014-170 removed the exclusion for performances in a bar, restaurant or similar establishment from the performing-artist exemption in IRPR186(g). Qualifying foreign performing artists, alone or in a group, and staff integral to their artistic performance could therefore work without a work permit at those venues. The retained conditions require them to be part of a foreign production or group, or a guest artist in a Canadian production or group, performing a time-limited engagement, and not in an employment relationship with the Canadian organization or business contracting for their services. Performances primarily for film production or television or radio broadcast remain outside this exemption. The amendment changes the venue restriction; the other conditions already applied under the predecessor rule.

Conditions and exceptions

Validated condition or limit: The retained conditions require them to be part of a foreign production or group, or a guest artist in a Canadian production or group, performing a time-limited engagement, and not in an employment relationship with the Canadian organization or business contracting for their services.; The amendment changes the venue restriction

Official source excerpt

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

Canada Gazette – Regulations Amending the Immigration and Refugee Protection Regulations Skip to main content Skip to "About this site" Language selection Français fr / Gouvernement du Canada Search Search Canada Gazette gazette.gc.ca canada.ca Search Menu Main Menu Jobs and the workplace Immigration and citizenship Travel and tourism Business and industry Benefits Health Taxes Environment and natural resources National security and defence Culture, history and sport Policing, justice and emergencies Transport and infrastructure Canada and the world Money and finances Science and innovation Topics menu Canada.ca Canada Gazette Publications Part II: Vol. 148 (2014) July 2, 2014 Vol. 148, No. 14 — July 2, 2014 Registration SOR/2014-170 June 20, 2014 IMMIGRATION AND REFUGEE PROTECTION ACT Regulations Amending the Immigration and Refugee Protection Regulations P.C. 2014-840 June 20, 2014 Whereas, pursuant to subsection 5(2) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), the Minister of Citizenship and Immigration has caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations, substantially in the annexed form, to be laid before each House of Parliament; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 5(1) and section 32 (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations. REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENT 1. Subparagraph 186(g)(ii) of the Immigration and Refugee Protection Regulations (see footnote 1) is replaced by the following: (ii) they are not in an employment relationship with the organization or business in Canada that is contracting for their services; 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.) Background The Temporary Foreign Worker Program contributes to Canada’s economic development by allowing employers to hire foreign nationals to meet their short-term labour and skills needs when this will not negatively impact the Canadian labour market. The Program is jointly managed by Employment and Social Development Canada (ESDC) and Citizenship and Immigration Canada (CIC) under the authority of the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR). Under the Temporary Foreign Worker Program, foreign nationals may apply for a work permit to be authorized to work in Canada once their employer has obtained a Labour Market Opinion (LMO). ESDC assesses requests from employers seeking to hire temporary foreign workers and issues an LMO letter stating whether the foreign national is likely to have a positive, … negative impact on the Canadian labour market. CIC is responsible for the issuance of work permits. Section 186 of the IRPR sets out exemptions from the requirement to obtain a work permit (and therefore an associated LMO) for categories of work where employment of foreign nationals in Canada would not negatively impact the Canadian labour market. Among these exemptions, paragraph 186(g) provides that certain foreign performing artists may work in Canada without a work permit for a time-limited engagement. However, foreign artists destined to perform in bars, restaurants or similar establishments do not qualify for the exemption under subparagraph 186(g)(ii) of the IRPR. The original policy rationale for making this distinction was to support jobs for Canadian artists by protecting performances in Canadian venues in which entertainment was considered not to be the primary business focus. Issues and objectives Issues Two key issues have emerged with respect to foreign entertainers performing in bars, restaurants and similar establishments that suggest that the current differential treatment under subparagraph 186(g)(ii) is no longer warranted: The venue-based distinction is not achieving its intended policy purpose Foreign artists performing in Canada for time-limited engagements were provided a work permit exemption in recognition of the broader cultural value of allowing them to present their unique talents to Canadians in a manner that would not negatively impact the Canadian labour market. Foreign artists performing in bars, restaurants and similar establishments were not afforded this exemption, however, as it was considered that the purpose of such venues was not primarily to showcase unique talent but rather to sell food and alcohol, and bringing in performing artist was a means of boosting sales by enticing customers to stay longer — an objective that could be accomplished as easily by a Canadian performer as by a foreign national. However, many bars, restaurants and similar venues, have continued to rely on a mix of both Canadian and foreign performing artists to attract customers and boost revenues. The viability of this model may be less sustainable since the introduction of the LMO processing fee in 2013. The additional cost of engaging foreign performing artists arising from the LMO fee has proven to be challenging for many smaller bars, restaurants and similar establishments, making such venues less economically viable. As such venues are a starting point for the development of many Canadian performers, fewer venues could lead to fewer opportunities for Canadians to establish their own career in the music industry. The new LMO fee may also be dissuading some foreign acts from touring in Canada, reducing opportunities for Canadian artists to open for and tour with foreign acts, which can be an important means for introducing Canadian performers to a wider audience. In short, the venue-based distinction combined with the new LMO p …

Review method

Source-based draft with independent Gemini 3.8 Flash verification

Other Canada changes operative in 2014

• 2014-01-02Parents and grandparents sponsorship intake resumed with a 5,000-application cap
• 2014-02-06Order Fixing February 6, 2014 as the Day on which Sections 170 and 171 of the Act Come into Force
• 2014-02-06Restructuring and Fee Revision of Temporary Resident Visa and Temporary Permit Applications
• 2014-05-01Federal Skilled Worker Class application intake cap and stream criteria established (MI11)
• 2014-06-01Regulations Amending the Immigration and Refugee Protection Regulations
• 2014-06-19Automatic removal stay restored for a bounded group of refugee claimants denied an appeal
• 2014-06-19Economic Action Plan 2014 Act, No. 1
• 2014-08-01Order Fixing August 1, 2014 as the Day on which Certain Provisions of the Act Come into Force
• 2014-08-01Reduction of Dependent Child Age Limit and Age Lock-In Framework
• 2014-08-01Regulations Amending the Citizenship Regulations
• 2014-10-24Streamlined Departure Orders for Cessation of Refugee Protection
• 2014-11-22Start-up Business Class education requirement removed
• 2014-11-30Caregiver Program Reform and Establishment of Caring for Children and Caring for People with High Medical Needs Classes