An employer’s guide to hiring international students – Part 2: Co-op work permits

We previously considered the authorization afforded to many international students to work off-campus, and the related implications for employers that may arise during the hiring process. In this blog post, we will consider the implications of hiring an international student on the basis of their co-op work permit.

One of the many perceived benefits of pursuing a post-secondary education in Canada is the opportunity to gain work experience in the Canadian labour market, both during one’s studies and after. Our educational institutions seemingly understand that a balanced approach of providing both theoretical knowledge and practical experience can enrich the student experience, and better prepare them for what awaits after graduation. 

Many post-secondary programs will therefore contain an integrated work experience or practicum element, commonly referred to as “co-operative” or “co-op.” In order to facilitate an international student’s access to such a program, Immigration, Refugees and Citizenship Canada (IRCC) can approve the issuance of a co-op work permit. This type of work permit is typically issued alongside the student’s study permit, and they often share the same validity dates.

As previously noted, employers are responsible for ensuring that the foreign nationals they hire have the appropriate authorization to undertake the proposed employment. Indeed, every employer in Canada is prohibited from employing a foreign national who does not have this requisite work authorization.[1] The challenge for an employer in this context is two-fold:

1. Identifying a work permit that was issued for the purpose of completing a co-op program; and
2. Verifying that the co-op work permit authorizes the student’s proposed employment with the employer.

Is this a co-op work permit?

As it does with all categories of work permit, IRCC provides issuing officers with detailed instructions for the characteristics that each co-op work permit must have. In rare cases, an error will be made during the issuance process, which can make it more difficult to identify a document as a co-op work permit. However, employers who take the time to familiarize themselves with these documents will likely be able to identify them even in cases where an error was made.

There are two characteristics that are unique to a co-op work permit, the presence of either one alone making the identification process a simpler task:

1. The employer named on the work permit will be the student’s educational institution (i.e., a designated learning institution (DLI)), or it may even simply indicate “DLI” without naming the specific institution.
2. A condition will be noted at the bottom of the co-op work permit, indicating that: “[e]mployment practicum cannot form more than 50% of the total program of study. Authorized to undertake employment which forms integral part of studies as certified by the institution.”

Can I hire this candidate on the basis of their co-op work permit?

It would be reasonable to conclude that not every employer, or indeed, not every position with a particular employer, provides the opportunity for work experience that is suitable for a co-op program. Furthermore, co-op terms are not indefinite. It is a strict requirement of the co-op work permit itself that it not be used for periods of work experience that exceed 50% of the study program’s duration. Employment authorized under a co-op work permit must therefore have a specified beginning and end, but these limitations are rarely discussed.

When presented with a co-op work permit, an employer must therefore ask whether this work permit can legally be used for the proposed employment with their organization, and if so, for what duration. The best approach (as is often the case) is to trust, but verify.

It is helpful to keep in mind that the purpose of a co-op work permit is to allow a student to complete the practicum requirement of their program of study. The verification can therefore come only from the student’s educational institution.

Indeed, for the proposed employment to be authorized under an international student’s co-op work permit, details regarding the employment must have previously been disclosed to, and approved by, the relevant educational institution. To proceed with hiring, the employer simply needs confirmation that the appropriate disclosure and approval has taken place.

It is almost certain that each educational institution will have its own internal co-op processes, and the steps that an employer must take to obtain the requisite verification may vary accordingly. A simplified approach would be to ask the international student to have their educational institution provide this verification to the employer directly, in whatever form the institution is able to provide.

When reviewing the resulting communication from an international student’s educational institution, an employer should be primarily focused on addressing the following questions:

1. Is the educational institution aware of the student’s proposed employment with our organization?
2. Has the educational institution confirmed that the student’s proposed employment with our organization will satisfy the practicum or co-op requirement of their program of study?
3. Has the educational institution confirmed the start and end dates of the co-op term that the student will complete with our organization?

Verification from an educational institution that provides clear answers to the above questions will allow an employer to safely move forward with the hiring of an international student on the basis of their co-op work permit. Confirmation of the end date of the co-op term will also provide the employer with certainty as to when this employment must come to an end.

For more information, please contact Jonathan Mor and Heelan Kwon.

[1] Subsection 124(1)(c) of the Immigration and Refugee Protection Act (S.C. 2001, c. 27).