Hiring international students in a restaurant: the 24-hour weekly cap and what to check

In cities with big colleges and universities, from Halifax to Victoria, international students fill a large share of restaurant shifts. They are often reliable, keen to learn and available in the evenings. They also come with a rule that affects your rota directly: a weekly limit on the hours they can work off campus during term.

Immigration, Refugees and Citizenship Canada (IRCC) publishes the rule, so confirm every point on the IRCC website before you rely on it.

What is the weekly cap?

Eligible full-time international students can work up to 24 hours a week off campus while classes are in session. Hours are counted across all off-campus employers in a seven-day week, so if a student works for you and for a second employer, both count toward the same limit. Students can also work full time during scheduled breaks, such as summer, and that work on the school's own campus is not counted against the off-campus limit. Check IRCC for the current wording.

What does that mean for your rota?

You cannot see the hours a student works elsewhere, so you cannot know how close they are to the limit. That has practical effects:

• Write the cap into your offer. State the maximum hours you will schedule in term, and make it clear that the student is responsible for staying within the limit across all jobs.
• Ask about other jobs at hire. A short question about other employment helps both sides.
• Do not schedule a student above the cap. If a shift would push them over, do not offer it.
• Plan for break periods. Scheduled breaks are when a student can take more shifts, so build your summer and holiday rota around them.

What should you check before the first shift?

Ask to see the student's study permit and confirm that it allows off-campus work. Check the conditions printed on the permit, including whether the student is enrolled at a designated learning institution and whether the permit authorizes work. Confirm the student has a Social Insurance Number, which you need for payroll. Keep a copy of the documents on file, and note the permit's expiry date so you can follow up when it comes close.

What happens if a student works over the limit?

The consequences fall mainly on the student, who risks losing their status. But employers can also face penalties for knowingly employing someone who is not authorized to work. That is a good reason to keep records of the hours you schedule and the documents you checked.

How do you keep your team fair and stable?

International students leave when they graduate or when their permits end, so build for turnover. Cross-train staff, document the closing and opening routines, and keep a short list of former staff who may be available for busy weekends. Pay the same rate as other staff in the same role and meet the provincial minimum wage, tips rules and holiday pay requirements for every employee.

Where do the official rules live?

IRCC publishes the rules for study permit holders who want to work. Provincial employment standards cover pay, scheduling and holidays. If you are unsure about a particular student's situation, ask them to confirm it with their designated school official or an immigration adviser.

How do you write a fair offer to a student?

Put the basics in writing before the first shift: the hourly rate, the usual shifts, the maximum hours in term, how tips are shared, how to request time off for exams and how much notice you need. Students value predictability and a clear exam-period policy. A short written agreement protects both sides, and it shows that you understand the cap. Share the rota at least a week ahead, and make it easy to swap shifts with a colleague. Students who feel respected tell their friends, which helps you recruit next term.

Are you short of staff for the weekend rush?

Good staff stay when they are scheduled fairly and the room is busy enough to earn tips. Mosey is a food discovery app where diners rate the dishes they ate, and its tools for businesses include rota planning and a job board. Nobody can pay to outrank you there, because Mosey Gold is earned from ratings alone.

More guides for your business:

• How to price a menu when food costs keep rising: a Canadian owner's method
• Ottawa's return-to-office rules and downtown restaurants: what changes for lunch and after-work trade
• Privacy law for restaurant guest data in Canada: PIPEDA, provincial acts and breach rules

More in the Canadian guides for food businesses.