International Mobility Program: Canadian interests – Significant benefit – Emergency repair personnel or repair personnel for out-of-warranty equipment [R205(a)] (exemption code C13)

There are two streams under this Labour Market Impact Assessment (LMIA)-exemption category.

Emergency repair personnel are persons whose admission is required in Canada to carry out emergency repairs to industrial or commercial equipment in order to prevent disruption of employment regardless of whether the equipment is under warranty. They require work permits, and are exempt from an LMIA.

Documentation requirements

The onus is on the applicant to provide evidence that they meet the requirements of the work being sought. Documentary evidence may include, but is not limited to, the following:

• letter of introduction from the home employer (i.e., foreign employer) outlining the applicant’s status with the company and the purpose of the foreign national’s visit to Canada;
• a copy of the completed and submitted Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802] (formerly known as the job offer letter) from the Canadian entity that
  • explains (under the Details of Job section of the IMM 5802 form) their need to conduct emergency repairs on industrial or commercial equipments, and
  • provides a detailed description of the work to be performed in Canada;
• evidence to demonstrate that the foreign national has the proprietary or specialized knowledge required to repair the equipment (e.g., copies of degrees, any required professional licences or certifications, a copy of the foreign national’s curriculum vitae).

Repair personnel for out-of-warranty equipment

Effective May 21,2015, the LMIA-exempt category C-13 has been expanded to include individuals who are coming to Canada to repair industrial or commercial equipment that is no longer under warranty or covered by an after-sales or lease agreement. This amendment is necessary to allow for preventative work where failure to repair industrial equipment immediately would have a negative impact on productivity.

The admission of repair personnel and service technicians will typically be permitted for a short duration (i.e., less than 30 calendar days).

When the service is required

The service of repair personnel is required when

• there is a need for specific knowledge;
• there is no commercial presence by the company that manufactured the equipment being serviced (also known as the Original Equipment Manufacturer [OEM]); and
• Canadian jobs would be greatly affected if the equipment is not repaired in a timely fashion.

Documentation requirements

The onus is on the applicant to provide evidence that they meet the requirements to perform the work being sought. Documentary evidence may include, but is not limited to, the following:

• letter of introduction from the home employer (i.e., foreign employer) outlining the foreign national’s status with the company and the purpose of their visit to Canada;
• a copy of the completed and submitted Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802] (formerly known as the job offer letter) from the Canadian entity that
  • indicates the nature of their work;
  • explains their need to conduct repairs on industrial or commercial equipment that is no longer under warranty;
  • confirms that there is no OEM presence in Canada who could perform the work; and
  • provides a detailed description of the work to be performed in Canada;
• evidence demonstrating that the foreign national has the proprietary or specialized skills and knowledge required to repair the equipment (e.g., copies of degrees, any required professional licences or certifications, a copy of the curriculum vitae).

Extension of work permit

In most cases, the duration for the time requested by the Canadian entity will be for less than one month (i.e., 30 calendar days).

In exceptional circumstances, an officer could assess an application to extend the work permit on a case-by-case basis where the work performed would create or maintain significant economic benefits or opportunities for Canadian citizens and permanent residents. For such cases, the Canadian entity/employer is required to submit supporting rationale to explain why the work could not be completed within the original timeframe.

Applications received before May 21, 2015

Applications received before May 21, 2015, (00:01 EST) will be processed according to requirements in place at the time the work permit application was received. If an LMIA was received with the work permit application, the application will be assessed with an LMIA.

Fees

Employers who bring foreign nationals to work temporarily in Canada through the International Mobility Program are required to complete and submit the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802] and are required to pay a $230.00 employer compliance fee before the worker can apply for a work permit. The work permit processing fee should be paid separately when the foreign national applies for a work permit. For further information, see Employer-specific work permits with Labour Market Impact Assessment exemptions.

Issuing the work permit in the Global Case Management System (GCMS)

When the work permit is being coded in GCMS, the following will apply:

Emergency personnel repair

LMIA exemption code

C13 R205(a) – Canadian interests

Case Type

20 Worker, NES (not elsewhere specified)

National Occupation Code (NOC)

As indicated in the IMM 5802 form

Specific Canadian employer and occupation

Specific Canadian employer/entity name (i.e., workplace where the foreign national is destined to work) and occupation must be indicated on the work permit as per the IMM 5802 form.

Employment location

City and province of destination as per the IMM 5802 form, as applicable. Where more than one location is indicated, indicate the primary location in the Location field, and secondary location(s) in the Remarks section.

Special Program Code

ERP

Duration

Work permit should be issued for a short duration, which will depend on the nature of work being sought

GCMS Remarks

Entering Canada to perform emergency repair

Repair personnel for out-of-warranty equipment

LMIA exemption code

C13 R205(a) – Canadian interests

Case Type

20 Worker, NES (not elsewhere specified)

National Occupation Code

As indicated in the IMM 5802 form

Specific Canadian employer and occupation

Specific Canadian employer/entity name (i.e., workplace where the foreign national is destined to work) and occupation must be indicated on the work permit as per the IMM 5802

Employment location

City and province of destination as per the IMM 5802 form, as applicable. Where more than one location is indicated, indicate the primary location in the Location field, and secondary location(s) in the Remarks section.

Special Program Code

POW

Duration

Work permit should be for less than 30 calendar days

GCMS Remarks

Entering Canada to perform repair for out-of-warranty equipment

Applicants destined to Quebec

Foreign nationals destined to work in Quebec under C-13 do not require a Quebec Acceptance Certificate (CAQ) as they are LMIA-exempt.