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Permanent Regulatory Repeal of the Cumulative Duration Rule for Temporary Foreign Workers (SOR/2018-61)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada
Operative dateMarch 27, 2018
CategoryLabor migration
Policy toolEligibility
Affected groupTemporary foreign workers

Policy effect

Formally repealed paragraph 200(3)(g) and subsection 200(4) of the Immigration and Refugee Protection Regulations (the cumulative duration limit / 'four-in, four-out' rule), removing the prohibition on issuing work permits to temporary foreign workers who had accumulated four years of work in Canada. Phase scope: Entire

Conditions and exceptions

Validated condition or limit: Formally repealed paragraph 200(3)(g) and subsection 200(4) of the Immigration and Refugee Protection Regulations (the cumulative duration limit / 'four-in, four-out' rule), removing the prohibition on issuing work permits to temporary foreign workers who had accumulated four years of work in Canada.

Official source excerpt

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

Permits) to be laid before each House of Parliament, substantially in the annexed form; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsections 5(1) and (1.1) footnotec and paragraphs 14(2)(b) and 32(b) of the Immigration and Refugee Protection Act footnoteb, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Work Permits). Regulations Amending the Immigration and Refugee Protection Regulations (Work Permits) Amendments 1 (1) Paragraph 200(3)(g) of the Immigration and Refugee Protection Regulations footnote1 is repealed. (2) Subsection 200(4) of the Regulations is repealed. Transitional Provision 2 Paragraph 200(3)(g) of the Immigration and Refugee Protection Regulations, as it read immediately before the day on which these Regulations come into force, does not apply to applications for work permits that are pending on that day. Coming into Force 3 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 On December 13, 2016, the Government of Canada introduced a public policy directing immigration officers to consider granting to all affected work permit applicants an exemption from paragraph 200(3)(g) in the Immigration and Refugee Protection Regulations (the Regulations), pending the repeal of the regulation. This regulation, known as the cumulative duration rule, prohibited the issuance of a work permit to temporary foreign workers who had worked in Canada for one or more periods totalling four years. This provision is now being repealed. Background In order to work in Canada, a foreign national generally requires a work …
Canada GazetteRegulations Amending the Immigration and Refugee Protection Regulations (Work Permits): SOR/2018-61, Canada Gazette, Part II, Volume 152, Number 8Open official source
Retrieved from https://gazette.gc.ca/rp-pr/p2/2018/2018-04-18/html/sor-dors61-eng.html

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp5-73a5da1bcc7ac73c2053. Something wrong? Flag this record.

Other Canada changes operative in 2018