Recruitment of local staff

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Employing Canadians, permanent residents of Canada and foreign nationals

Missions and posts can employ Canadian citizens or permanent residents, including dual nationals (holding Canadian nationality) as locally engaged staff members. When hiring Canadians or permanent residents the Office of Protocol need not be notified.

Foreign nationals also may be employed as local staff, provided they are already in Canada on a temporary basis, and have come to the country for a purpose other than employment at the mission or post; local staff cannot be recruited from outside Canada. Also, accredited members of the service staff on assignment in Canada cannot be reprofiled as local staff while on, or after their, posting.

To locally employ foreign nationals who are temporarily residing in Canada, the supervising mission (that is, the embassy or high commission) must seek the Office of Protocol’s approval by sending an email to the Immigration Liaison Unit with the following information about the candidate:

  • Legal name (as it appears in their passport)
  • Copy of their passport personal data page
  • Confirmation that the candidate is not already working for the mission or post*
  • Proof of legal status in Canada (for example, a copy of the temporary resident visa, visitor record, work permit, or study permit)

* The Office of Protocol will not automatically consider requests for the employment of local staff who are already employed by the mission or post without approval.

If additional information is required during the review process, the Office of Protocol will send an email to the mission. The Office of Protocol cannot provide any information regarding the processing time for any application as this depends on the circumstances of each application.

Once the request has been approved, the Office of Protocol will advise the mission or post, following which the candidate can apply for a work permit directly from Immigration, Refugees, and Citizenship Canada (IRCC). When checking IRCC processing times, the candidate must make sure to enter “Work permit from inside Canada”.

While waiting for the work permit, candidates may not begin employment as a local hire, unless they already have a valid open work permit issued by IRCC. As temporary resident visas and work permits are exclusively within IRCC’s jurisdiction, Global Affairs Canada cannot provide assurances that the issuance of a work permit will be granted; or that work permit renewals will be granted in the future.

Canadian labour laws and workplace health and safety

The employing mission or post should familiarize themselves with Canadian federal and provincial laws and workplace standards on such matters as leave, work hours, minimum wages, occupational health and safety, and protection from harassment and discrimination that may apply to local staff.

Diplomatic missions and consular posts are expected to provide a safe and harassment-free working environment for all staff members. This involves identifying health and safety risks and taking appropriate steps to manage and mitigate risks. Provincial workplace health and safety authorities are responsible for the administration of related laws and can provide more information.

The Government of Canada reminds missions and posts that Canada’s State Immunity Act contains an exception to state immunity for death or personal or bodily injury.

The information contained in this section is for general guidance only and is not to be construed as legal or other professional advice. It should not be used as a substitute for consultation with legal or other competent advisers. Before making any decision regarding the employment of a local staff or taking any action on an employment contract, missions and posts should consult a professional. The Office of Protocol does not dispense legal advice to foreign missions, nor does it arbitrate disputes between local staff and the foreign State employing them.

Payroll deductions and income tax

Diplomatic missions and consular posts are not legally obliged to make payroll deductions/remittances on the salaries of Canadian or locally hired foreign nationals. Those who wish to do so, on a voluntary basis, may contact the Canada Revenue Agency (CRA) to register for a payroll program account. The Office of Protocol of Canada is not involved in such arrangements.

When countries do register with CRA as an employer they are required to withhold and remit standard payroll deductions for their locally engaged members, including Canada Pension Plan (CPP) contributions, Employment Insurance (EI) premiums, and federal and provincial income tax, depending on the arrangement with the CRA. These deductions are remitted to the CRA, in addition to the employer’s portion of the CPP and EI contributions. Detailed instructions are outlined in CRA’s Employers’ Guide: Payroll deductions and remittances.

Payroll deductions and contributions vary according to the province of employment. While federal income tax is the same across Canada, provincial tax rates are different, so it is important to consult the provincial payroll deductions tables. Another consideration is where an employee resides: for example, if a staff member lives in the province of Quebec, though works in Ontario, the payroll deduction table for Quebec applies in this instance.

Also of note are the different systems in Quebec. In addition to administering its own pension plan (the Quebec Pension Plan), employment insurance in the province is withheld at a lower rate, and employers must also contribute to the Quebec Parental Insurance Plan. Provincial income tax is remitted to Revenue Quebec.

A local staff’s tax obligations

Locally engaged staff members who are Canadian citizens, permanent residents or foreign nationals are required to pay Canadian income tax on the income earned at diplomatic missions and consular posts. If a mission or post is not registered as an employer, their staff are responsible for paying their own federal and provincial income tax. In addition, they may need to file annual income tax returns.

Foreign representatives and their local staff members are encouraged to read up on tax information for individuals working in foreign offices in Canada.

Locally engaged staff do not enjoy privileges and immunities.