This work permit category was designed for situations where commercial or industrial equipment requires servicing or maintenance in Canada and a foreign worker is required to enter for that purpose.
The Emergency Repair Personnel stream enables foreign workers to enter Canada urgently to perform emergency repairs to prevent the disruption of employment. This Labour Market Impact Assessment (LMIA)-exemption applies regardless of whether the equipment is under warranty.
Applicants seeking this LMIA exempt work permit must provide evidence of the severe consequences that would result without the intervention of the foreign worker. The case would need to be made that Canadian workers would need to stop working if the equipment in question is not serviced. It would also need to be demonstrated that the foreign national coming in to perform the work has the proprietary and specialized knowledge to do so.
For equipment that is no longer under warranty or covered by an after-sales agreement, repair personnel can enter under this exemption for a short duration, typically not longer than 30 days. The work must be required in order to avoid a negative impact on productivity as well as Canadian jobs. In addition to showing the need for specific knowledge, it must also be demonstrated that the original equipment manufacturer does not have a commercial presence in Canada.