What Happens If An Employee's Work Permit Expires?

For the next few months, I will be answering some common questions that we get from clients related to immigration and employment matters. This one is a frequent source of confusion:

"What happens if an employee's work permit expires—do I need to provide notice?"

Well, here comes the classic lawyerly answer: it depends!!

1. No Extension = Likely No Notice Required

If an employee's work permit expires and the employee did not apply for an extension before the expiry date, the employment relationship may be considered frustrated. That means the contract cannot be fulfilled due to unforeseeable circumstances – namely, the employee is no longer legally authorized to work in Canada.