provides employment standards for all individuals.220 Employment standards legislation of the
federal,221 Alberta,222 British Columbia,223 Ontario,224 and Quebec225 governments outlines
minimum wages, and hours of work, etc. In addition, the rights in employment standards
legislation are not constrained by whether an employee is a foreign national, or working under a
work permit.
d. Lawful Status, “Lawfully Staying” in Canada, and Work Permits
Status
Unless a person is a Canadian citizen, permanent resident, temporary resident, or possesses a
Temporary Resident Permit (TRP),226 they do not have status in Canada.227 Furthermore, even
though Canadian citizens and permanent residents have a right to work anywhere in Canada,
persons with temporary resident status and persons in possession of a TRP are not automatically
authorized to work.228 Moreover, simply because a foreign national acquires a work permit does
not necessarily mean they also obtain temporary resident status.
Temporary residence status can be given to persons who seek to be visitors, foreign students, or
temporary foreign workers. While most foreign nationals who possess a valid work permit will
receive temporary resident status, visitors and foreign students with temporary residence status
must subsequently apply for a work permit in order to be authorized to work in Canada. In
addition, although persons with a TRP are authorized to be in Canada, they are not automatically
authorized to work in Canada either. Foreign nationals with a TRP must also apply for a work
See Canadian Human Rights Act, supra note 52 at s. 3; Alberta Human Rights Act, supra note 54 at ss. 1-5, & 79; BC Human Rights Code, supra note 55, at ss. 7-14; Ontario Human Rights Code, supra note 56 at ss. 1-3 & 5;
Charter of Human Rights and Freedoms, supra note 57 at s. 10.
221
See Canada Labour Code, supra note 166.
222
Employment Standards Code, RSA 2000, c E-9, available at: http://canlii.ca/t/52bwr [Alberta Employment
Standards Code].
223
Employment Standards Act, RSBC 1996, c 113, at s. 1(1), available at: http://canlii.ca/t/527vx [BC Employment
Standards Act].
224
Employment Standards Act, 2000, SO 2000, c 41, at s. 1(1), available at: http://canlii.ca/t/52dlc [Ontario
Employment Standards Act]
225
An Act Respecting Labour Standards, CQLR c N-1.1, at s. 1(10), available at: http://canlii.ca/t/52913 [Quebec
Labour Standards Act].
226
IRPA, supra note 20 at s. 24(1). Section 24(1) of the IRPA provides that if a foreign national is inadmissible or
does not meet the requirements of the IRPA, they can apply to an officer outside or inside Canada for a temporary
resident permit (TRP). If the officer is of the opinion that it is “justified in the circumstances” they may issue a
temporary resident permit allowing the foreign national to enter or to remain in Canada for a specific period and
grants them “temporary resident status.” The TRP may be cancelled at any time. Upon cancellation or expiration of
the TRP, the foreign national must leave Canada. The TRP and temporary resident status does not in itself authorize
the foreign national to study or work in Canada. However, if the TRP is valid for at least six months, the foreign
national may apply for a work and/or study permit, which would authorize them to study or work in Canada for a
specific period of time and subject to conditions. The TRP is an exceptional mechanism and not a matter of routine
for when compelling circumstances warrant a TRP.
227
Lorne Waldman, Immigration and Refugee Protection Act and Commentary (Toronto: LexisNexis, 2005) at §
3.33 [Waldman IRPA Commentary]; also IRPA, supra note 20 at s. 21(1), 22(1), 29(1); IRPR, supra note 21 at s.
65.1(1)
228
Waldman IRPA Commentary, ibid., at § 14.11.
220
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