A Canadian employer cannot safely limit a job to “citizens and permanent residents only” unless the law actually requires it. In Imperial Oil Limited v. Haseeb, 2023 ONCA 364, the Ontario Court of Appeal upheld a human rights finding that withdrawing a job offer from a graduate because he needed a post-graduation work permit was discrimination on the basis of citizenship. Once a foreign national is hired, the employment contract also has to do immigration work: its start date, duties, location, and pay have to fit the work permit and any representations the employer made to government.
Key Takeaways
- A blanket “citizens and PRs only” requirement can be discriminatory in Ontario where a candidate is legally able to work.
- Giving priority to Canadians and permanent residents is lawful where immigration law requires it, as in LMIA recruitment.
- For closed work permits, the contract’s duties, location, and wage must match the permit and the job offer submitted to government.
- Build work authorization into the contract as an express condition, and draft the consequences of losing it carefully.
- What the employer tells IRCC, ESDC, or a province becomes the standard it is later inspected against.
Can you post a job for citizens and permanent residents only?
Usually not, if the role is open to anyone legally entitled to work in Canada.
In Haseeb, an international student applied for a job with Imperial Oil in the last semester of his program. The offer was conditional on “permanent eligibility to work in Canada,” meaning citizenship or permanent residence. When he disclosed that he would need a three-year post-graduation work permit, the offer was withdrawn. He had initially misstated his status, but the offer was withdrawn because of his immigration status, not because of that statement.
The Human Rights Tribunal of Ontario found discrimination on the basis of citizenship, and the Court of Appeal found that decision reasonable. The Tribunal’s reasoning, as summarized by the panel at the 2026 CBA Immigration Law Conference, was that a PGWP gives an unrestricted right to work subject only to its time limit, and that restricting entry-level jobs to citizens and PRs undermines the program, because those jobs are a necessary step toward permanent residence.
Two limits on that holding matter in practice:
- The statutory defence. Section 16(1) of the Ontario Human Rights Code provides that the right to be free from citizenship discrimination is not infringed where citizenship is a requirement imposed or authorized by law. Imperial Oil had not raised that defence before the Tribunal and was not allowed to raise it for the first time on appeal.
- Priority is not exclusion. In Koenig v. University of Toronto, 2012 HRTO 767, an advertisement stating that citizens and PRs would be given priority was not discriminatory, because hiring rules for foreign nationals, now the LMIA process, require that priority.
The panel also flagged how context has moved since Haseeb: PGWPs have become harder to obtain and the path from PGWP to PR less predictable. Those facts may change how a future tribunal weighs a similar case, but they do not change the basic rule that immigration status is not a safe screening shortcut.
Practical approach: ask whether a candidate is legally entitled to work in Canada for the role, and whether they will require employer support for a work permit. Keep status questions tied to real legal requirements, and keep LMIA-driven advertising language to what the program requires.
Contract clauses for work permit holders
An employment contract can be a problem even when immigration status is not in play. For a foreign national, the speakers recommended that employers consider these additional terms:
- Start date. For a closed work permit, tie the start date to work permit approval rather than a fixed calendar date.
- Duties. The responsibilities must match the occupation in the job offer and the work permit.
- Location. For a closed permit, the work location must match the permit.
- Salary. Pay at least the wage required by the program, and build in annual adjustments so the wage keeps pace with the prevailing wage.
- Health coverage. Provide private coverage for emergency medical care for any period not covered by the provincial plan, and require the employee to apply for provincial coverage on arrival.
- Work authorization. Make valid authorization to work in Canada an express condition of the contract, and address what happens if it is lost. The speakers noted that treating loss of authorization as frustrating the contract carries caveats; we cover that in our article on terminating a foreign worker.
The same terms have to be managed through the life of the job. Changes to responsibilities, location, hours, or salary can put the employer out of step with the LMIA or the permit. Minor changes may need to be reported to ESDC or, under some provincial programs, the province; material changes may require a new work permit application.
Your representations become your compliance standard
Every job offer submitted through the IRCC employer portal, every LMIA application, every endorsement request under the Atlantic program, and the employer forms under some provincial nominee programs contain representations about the job. Those representations form the basis of later inspections at the federal and provincial levels. Federally, IRCC assesses compliance with the employer conditions in s. 209.3(1) of the Immigration and Refugee Protection Regulations, which include providing employment in the same occupation as set out in the offer, with wages and working conditions that are substantially the same as, but not less favourable than, those in the offer.
That leads to three rules:
- Be accurate at the start. The first representation to government is the one you are held to.
- Know what you signed. Make sure HR and the direct supervisor know the conditions attached to each foreign worker.
- Fix errors early. Address mistakes in employer representations as soon as practicable.
The speakers’ before-inspection practices were to align official job descriptions with job advertising and use them as the basis for all representations; to think long term about duties, locations, and benefits when describing a role; to centralize onboarding and promotions for foreign workers; and to adopt onboarding, promotion, and anti-harassment policies that make compliance systematic.
For what an inspection involves and how penalties are set, see our guide to employer immigration compliance. For the recruitment and application process itself, see hiring a foreign worker through an LMIA.
FAQ
Can I ask a candidate about immigration status?
You can ask whether they are legally entitled to work in Canada and whether they will need employer support for a permit. Rejecting a candidate who is entitled to work simply because they are not a citizen or PR carries human rights risk in Ontario.
Does Haseeb apply outside Ontario?
It is an Ontario Court of Appeal decision under the Ontario Human Rights Code. Other provinces have their own human rights legislation, and the analysis should be done under the law of the province where the job is located.
Can I use the government template employment contract?
The template addresses program requirements. Review it against provincial employment law before relying on it, especially its termination terms.
What if I promote a foreign worker?
A change in duties, occupation, or pay may no longer match the LMIA or closed work permit. Check whether a new permit is needed before the change takes effect.
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Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on hiring foreign workers and employer immigration compliance. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.