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We will be doing a high-level overview of all the regulations which allow performing artists and related occupations in the fields of arts, media, and so on to enter Canada for specific types of work or projects. There is a lot of information, so don’t get confused with all the different categories and regulations. This is just to give you an idea of what is possible based on existing Canadian immigration regulations.
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The first category is for those who do not require a work permit to enter Canada based on the arts:
This category is based on the following regulation:
Regulation R186g: g) as a performing artist appearing alone or in a group in an artistic performance — other than a performance that is primarily for a film production or a television or radio broadcast — or as a member of the staff of such a performing artist or group who is integral to the artistic performance, if
(i) they are part of a foreign production or group, or are a guest artist in a Canadian production or group, performing a time-limited engagement, and
(ii) they are not in an employment relationship with the organization or business in Canada that is contracting for their services;
Examples include:
Adjudicators at music and dance festivals. If you are being hired or going to work for a Canadian employer for a longer period of time, then an LMIA work permit may be required. However, if the organization that you will be working for in Canada is internationally recognized and depends on foreign performers, and artistic directors that are essential to maintain the artistic nature of the show or event, then it is possible to be included in this work permit exempt category. Examples can include circus staff, rodeo staff, and other performing art occupations.
Essential crew for performing arts, media, TV, radio, and so on can also be included in this category.
Conductors, orchestra leaders, and other related concert occupations for very specific events may enter Canada without a work permit for a limited period of time . In this same category, musicians can also enter if they have limited-time gigs at an event in Canada.
Musicians, DJs, street performers, theatrical performers, singers, actors, guest speakers, comedians, and other performing guest artists coming to perform for an event or limited-time gig – sort of like a guest on a show or event. If the performer is coming to be hired for an ongoing event, then a work permit will be required (whether it’s an LMIA or not, depends on the social & cultural benefit and other factors). In this same category you could consider performers for weddings which is a one-time event and are hired from outside Canada to come and perform here – would be exempt from a work permit. Even artists or performers who are either presenting something or perhaps part of an art show or exhibition or even a workshop can be work permit exempt. Typically the time period for events is 5 days max, but exceptions are made based on each case.
The key to this category is to understand these two factors:
"Time-limited engagement" referred to in R186(g)(i) and "Employment relationship" referred to in R186(g)(ii).
It is important to understand the Canadian immigration regulation wording in terms of limited time events or projects for which performers are working: The following quotes are included for your reference.
"Time-limited engagement" referred to in R186(g)(i)
For a guest artist performing with a Canadian group, a "time-limited engagement" allows for flexibility, but as a general guideline, an unlimited number of rehearsals and performances over a two-week period are reasonable. A longer duration is also possible, as long as the expectation of a “time-limited engagement” is apparent. However, a foreign national who rehearses and performs with a Canadian orchestra for an entire season, for example, would need a work permit and an LMIA.
"Employment relationship" referred to in R186(g)(ii)
A foreign performing artist would not be in an employment relationship if they were merely hired to perform a single concert or short series of concerts. For example, if a couple hired a band to perform at their wedding, or a festival hired a singer to perform twice a weekend, there is no employment relationship created even where contracts are signed. However, if a dinner theatre hired a foreign singer or dancer to perform five nights a week on a weekly basis (four weeks or longer), an employer-employee relationship would be created and a work permit and an LMIA would be required. Or, if a city contracted a foreign puppeteer to do three shows a day in a park for a whole summer, this would also be considered an employment relationship. Essentially, contracts for short-term 'gigs' would not create an 'employment relationship' between an artist and the organization contracting for their services and R186(g)(ii) would be met. A longer-term contract, where the performer is expected to perform on a regular basis and usually in the same venue, would be considered an employment relationship, and a work permit and an LMIA would be required.
Individuals who work for non-Canadian TV or movie companies to produce something inside Canada which is either completely funded from another country or non-profit based on specific organizations. They would fall under ‘business visitor’ category. The same goes for groups or individuals in the same category that could be utilizing Canadian service providers in TV or the movie industry. They would also be considered ‘business visitors’ and can enter without work permit. The key is that they are not being paid by a Canadian person or entity and not entering the Canadian labour force. This category can include film producers, directors, recording studio users, and so on.
The regulation for business visitors states specifically:
Regulation R187 Business visitors
187 (1) For the purposes of paragraph 186(a), a business visitor to Canada is a foreign national who is described in subsection (2) ***see below*** or who seeks to engage in international business activities in Canada without directly entering the Canadian labour market.
(2) The following foreign nationals are business visitors:
(a) foreign nationals purchasing Canadian goods or services for a foreign business or government, or receiving training or familiarization in respect of such goods or services;
(b) foreign nationals receiving or giving training within a Canadian parent or subsidiary of the corporation that employs them outside Canada, if any production of goods or services that results from the training is incidental; and
(c) foreign nationals representing a foreign business or government for the purpose of selling goods for that business or government, if the foreign national is not engaged in making sales to the general public in Canada.
(3) For the purpose of subsection (1), a foreign national seeks to engage in international business activities in Canada without directly entering the Canadian labour market only if
(a) the primary source of remuneration for the business activities is outside Canada; and
(b) the principal place of business and actual place of accrual of profits remain predominately outside Canada.
Foreign news companies, media and reporting are also work permit exempt under this regulation:
Regulation R186(i) A foreign national may work in Canada without a work permit
(i) as an employee of a foreign news company for the purpose of reporting on events in Canada;
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The second category does require a work permit to enter Canada based on the arts, but is LMIA exempt (which is basically a fancy word for receiving permission from the Canadian government for foreigners to be able to enter the labour market here):
This category is based on the following regulation:
Regulation R205(b) (also known as C20 LMIA exemption) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;
These countries can include USA, Mexico, Australia, Europe, and so forth – but each country has its own Free-Trade-Agreements in place with Canada which offers reciprocal opportunities in similar occupations, and arts in the other country.
Examples include:
All foreign workers entering Canada to take up employment under the terms of a film co-production agreement between Canada and any foreign country are exempt from the LMIA requirement .Criterion: A work permit is required but workers are exempt from the LMIA under R204, T11
The entry of foreign nationals into the arts industry which contribute to competitive advantages and reciprocal benefits for all Canadians, including Canadian performing artists and performing arts organizations. Key creative staff and talent linked with Canadian, non-profit performing arts companies and organizations in the orchestral music, opera, live theatre, and dance disciplines may be eligible for an exemption from the Labour Market Impact Assessment (LMIA) requirement, under paragraph 205(b) of the Immigration and Refugee Protection Regulations (IRPR).
LMIA exemption code C23 can be used to work permit applications if you are eligible and can prove that reciprocal employment opportunities exist for Canadians and permanent residents. If you are working as part of a program organized by any of these non-profits, you can apply for an LMIA-exempt work permit: Canadian Dance Assembly, International Alliance of Theatrical Stage Employees (IATSE), Canadian Actors’ Equity Association, Regroupement québécois de la danse, Orchestras Canada, Canadian Federation of Musicians, IATSE, Canadian Actors’ Equity Association, The Professional Association of Canadian Theatres, Opera.ca, Canadian Actors’ Equity Association
Members of the American Federation of Musicians of the United States and Canada (AFM) are also LMIA-exempt and can receive work permits up to 3 months in duration.
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Similar to the previous category we covered which did not require an LMIA, in this category, a work permit is required, also LMIA exempt, but the officers will be reviewing these key factors again to determine your eligibility: The key with this category was to understand these two factors: "Time-limited engagement" referred to in R186(g)(i) and "Employment relationship" referred to in R186(g)(ii).
Don’t forget to pay for your Employer compliance fee to issue the job offer to the foreign worker – otherwise, you will not meet the eligibility criteria to apply for an LMIA-exempt work permit. Obviously, there are other documents required, but we typically see that companies always miss this part.
IRCC application fees for this type of work permit for individuals are standard. In cases where members of a performing group of greater than three persons require work permits, the ($465) group fee, and the ($255) group biometric fee, will apply when the group applies at the same time in the same place.
Evidence of reciprocal employment opportunities may include either of the following:
* An offer of employment submitted by the employer (that is, the performing arts company or organization), per section R209.11, that clearly indicates
* The applicant’s job offer (job title and main duties) is in the dance, opera, orchestra, or live theatre discipline of the arts
* The employer is a current recipient of core or composite funding from the Canada Council for the Arts or of financial support via parliamentary appropriation, such as the National Arts Centre
* A letter or other evidence submitted by the applicant that has been provided by the applicable Canadian performing arts representative or service organization and that proves reciprocal international opportunities exist for Canadians in that particular discipline, such as the following:
* Contemporary dancers.
* Ballet choreographers.
* Opera singers.
* Actors in theatrical productions.
* Orchestral musicians.
The next category is for self-employed persons who can be in any industry, including arts or any other industry. They are typically self-employed and want to work for themselves inside Canada for a longer duration of time, although temporary. This category is called the LMIA exempt work permit C10 for self-employed persons under the International Mobility Program. It is part of the ‘Significant Benefit’ category of work permits. A work permit for 1 year which is renewable can be issued under this category. You should be aware that for entrepreneurs and self-employed people, the applicant is both employer and employee. They must meet the requirements for both roles.
The regulation under this category is based on the following:
Regulation R205(a) (also known as C10 LMIA exemption) work permit may be issued under section 200 to a foreign national who intends to perform work that
(a) would create or maintain significant social, cultural, or economic benefits or opportunities for Canadian citizens or permanent residents;
Some of the criteria to consider under this category C10:
* The applicant must have at least 2 years of successful self-employed experience in the immediate past five years outside of Canada.
* Usually for single entrepreneurs, not partnerships or groups.
* There are 2 categories of applicants under this category: Those who only seek entry for a temporary, usually seasonal, purpose to run their existing business (usually self-employed people) and those who seek entry to start or run their business as an entrepreneur.
Self-employed: A person who works for themselves as the owner of a business and rarely hires people outside of their family members. While many individuals are the owners of the business, they typically carry out all the responsibilities of an employee. Of course, this can include many occupations such as authors, artists, film producers or writers, etc.
Entrepreneur: A person who organizes and operates a business or businesses, taking on greater than normal financial risks to do so. They hire employees other than their family members to carry out the activities of the business. They can start a new business or buy an existing business in Canada.
For both of these definitions, significant social, cultural and/or economic benefit is required.
For cultural benefits, you can consider some of the factors that IRCC and the officers consider before issuing the work permit. This would be evidence that the foreign national’s work will provide a significant cultural benefit to Canada:
* Recipient of national or international awards or patents.
* Are a member of an organization that is recognized internationally.
* Have been a member of a peer review panel or a body to judge the work of others.
* Have been recognized for achievements and significant contributions to their field by peers, governmental organizations, or professional or business associations.
* Have made scientific or scholarly contributions to their field.
* Have publications in academic or industry publications.
* Have been in a leading role in an organization with a distinguished or prestigious reputation.
* Are renowned for their artistic and cultural endeavors (also known as ‘world class’ or internationally recognized)
Under both definitions, the applicants must meet the requirements for both roles.
To prove eligibility, a foreign national must provide:
* Either an offer of employment number generated by the Employer Portal when they submit the offer for themselves, or
* The Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802] if authorized by the Client Experience Branch or Immigration Program Guidance Branch to submit the form (see Alternate submission [IMM 5802] for details)
* Proof of payment of the employer compliance fee.
* An application for a work permit.
* Supporting documentation that shows.
* The degree of ownership of the business.
* How the business will create or maintain significant cultural, social, or economic benefit.
* An indication of the temporary nature of their stay to satisfy an officer that they will leave Canada and are not attempting to become de facto permanent residents.
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