Those holding intra-company transferee (ICT) work permits in Canada are subject to time caps. Executive or managerial ICTs are eligible for a maximum of 7 years, while specialized knowledge ICTs are eligible for 5 years.
Until now, the calculation of time counted against the time cap was usually based on the duration of the work permits the person held, whether or not they were actually physically in Canada.
In September 2011, CIC published an Operational Bulletin that changed this approach to calculating the time cap for ICTs not physically present in Canada. Now, time spent outside Canada during the duration of the work permit can be recaptured. For example, if an ICT senior manager has a 1 year permit, but has only spent 2 months inside Canada during the course of holding that work permit, then only those 2 months would count against their seven-year ICT time cap.
Therefore, this policy will extend the overall number of calendar years that some foreign workers will be able to hold an ICT work permit. This will be useful where a person may have repsonsibilities in Canada and in another country. For example, some managers may be based in the U.S. but have responsibilities in Canada that require them to have a work permit, but only physically be in Canada one or two weeks per month. The new rules will faciliate this sort of situation over a longer period of time.
Employers should advise foreign workers holding ICT work permits to maintain documentation that would show when they are outside Canada, as the onus will be on the foreign worker to prove that they can recapture time towards the ICT time cap.