[requester]

Record

Archived: June 3, 2025 8:07:50 AM

From: Immigration Representatives / Représentants immigration (RCC)

Sent: [requester]

To:

Ce: Immigration Representatives / Représentants immigration (RCC)

Subject: [requester] permit - REP-2025-0197- Due 17-Feb-25

Importance: Normal

Sensitivity: None

Good day,

Thank you for contacting the Immigration Representatives Mailbox.

Please note that this mailbox is intended for general guidance and does not provide responses to case-specific inquiries but have provided the following information as guidance. Ifyou have case specific questions about a file, you are encouraged to submit the [RCC Web form,

Please see our response to your question.

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1. 1. Yes, as long at the takeover organization agrees to assume the LMIA contract and the worker's employment conditions as per the original offer of employment have not changed, then the temporary foreign worker is not obligated to obtain a new work permit and is authorized to continue working under the same conditions. If the type of business, the wages, the job duties or the work location changes, affected workers will need to get new work permits. In this case, the new employer will need to either submit a new offer of employment for each worker or get a Labour Market Impact Assessment (LMIA) (if the job is not LMIA-exempt). These workers can’t keep working until they get their new work permits. In all cases, both companies should keep all documents about the merger or takeover in case we doa compliance inspection. The new employer will need to submit a new offer if they want to extend the worker's permit when it expires.

If my company merges with, oris taken over by, another company, what happens to employees who have temporary work permits?

2. 2. The new company or successor in interest is responsible for reporting this change to [requester] the take-over organization is a successor in interest in that it has substantially assumed the interests, obligations, assets and liabilities of the original organization (wholly or partially) and continues to operate the same type of business as the original organization, the take-over organization remains the “employer” for the purpose of the existing work permit as well. The new organization is responsible for ensuring that it only employs a foreign national in a capacity in which the foreign national is authorized under the IRPA to be employed, as per paragraph A124(1)(c).

3. 3. Modifications to a positive LMIA fall under ESDC’s purview, we would recommend reaching out to them for more information.

Contact the Employer Contact Center -Canada.ca

4, 4, Any changes to approved LMIA based work permit applications should be reported. If the change results ina new LMIA being required and the work permit application is already approved, itis likely a new work permit will be required.

5. 5, The temporary worker is not obligated to obtain a new work permit and will continue to be authorized to work in Canada for the duration of the period stated on the existing work permit as long as both of the following apply:

©. * The take-over organization meets the requirements under which the LMIA-exempt work permit was issued (for instance, a qualifying relationship for intra-company transferee), or the take-over organization assumes 001900