The following are three key issues that affect the ability of foreign nationals to work in Canada for a charitable or religious organization:

Are you looking to work or volunteer in Canada?

It’s important to distinguish between “work,” which requires a Canadian work permit, and volunteering, which does not. “Work” usually refers to full-time activities compensated with regular wages. In contrast, volunteering involves offering your time without expecting payment, such as helping a political party or raising awareness about an issue. In these cases, a work permit is not needed as the individual is not entering the Canadian labor market.

Is a Labour Market Impact Assessment (LMIA) required?

Once it’s confirmed that “work” is being done, it must be determined whether an LMIA exemption applies. The LMIA is the test used by the Canadian government to assess the potential impact of a foreign worker on the Canadian labor market.

To qualify for an LMIA-exempt work permit, the organization must be charitable or religious, primarily focused on poverty relief, advancing community interests, or benefiting educational or religious institutions. While it’s not mandatory for the organization to be a registered charity, having this status can be beneficial in determining eligibility.

What is the nature of the work that will be performed?

After establishing the organization’s nature, the specific work must be assessed. Simply working for a qualifying organization does not guarantee LMIA exemption. It must be shown that the work aligns with the organization’s charitable or religious mandate. Factors considered include whether the work advances the organization’s goals and if the organization will financially benefit from the foreign national’s contributions. The closer the work aligns with the organization’s mission and the less financial gain the organization derives from the worker’s services, the more likely it is to be recognized as charitable or religious work.