A foreign national may not work or study in Canada without authorization. This is the legal basis for requiring work permits and study permits.
(1)A foreign national may not work or study in Canada unless authorized to do so under this Act.
(1.1)An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations.
(1.2)Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister justify such a refusal.
(1.3)In applying subsection (1.2), any refusal to give authorization to work in Canada requires the concurrence of a second officer.
(1.4)The instructions referred to in subsection (1.2) shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.
(1.41)An officer may revoke a work permit if, in the officer’s opinion, public policy considerations that are specified in instructions given by the Minister justify the revocation.
(1.42)For greater certainty, subsection (1.41) does not affect any other lawful authority to revoke a work permit.
(1.43)If, in the view of the Department of Employment and Social Development, public policy considerations that are specified in instructions given by the Minister of Employment and Social Development justify it, that Department may (a)revoke an assessment provided by that Department with respect to an application for a work permit; (b)suspend the effects of the assessment; or (c)refuse to process a request for such an assessment.
(1.44)For greater certainty, subsection (1.43) does not affect any other lawful authority to revoke an assessment referred to in that subsection.
(1.5)Instructions given under this section shall be published in the Canada Gazette.
(1.6)The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada and requests to provide an assessment with respect to an application for a work permit, including those applications and requests that were made before that day and for which a final decision has not been made.
(1.7)The instructions cease to have effect on the day on which a notice of revocation is published in the Canada Gazette.
(2)Every minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level.