Subject to many exceptions, individuals applying for work permits must have their potential employers obtain Labour Market Impact Assessments. Such assessments whether the issuance of work permits to foreign workers would have either a neutral or positive effect on the Canadian labour market.
Pursuant to r. 203(3) of Canada’s Immigration and Refugee Protection Regulations, in determining whether to issue a positive Labour Market Impact Assessment, the Ministry of Economic and Social Development Canada will consider numerous factors, including:
(a) whether the employment of the foreign national will or is likely to result in direct job creation or job retention for Canadian citizens or permanent residents
(b) whether the employment of the foreign national will or is likely to result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;
(c) whether the employment of the foreign national is likely to fill a labour shortage;
(d) whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards;
(e) whether the employer will hire or train Canadian citizens or permanent residents or has made, or has agreed to make, reasonable efforts to do so;
(f) whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute; and
(g) whether the employer has fulfilled or has made reasonable efforts to fulfill any commitments made any commitments made in previous Labour Market Impact Assessments.
As the PDF below demonstrates, the Government of Canada is currently overhauling Canada’s Temporary Foreign Worker Program, and the Labour Market Impact Assessment regime will be undergoing extensive changes over the next year.
We regularly help Canadian businesses determine whether an exemption to a Labour Market Impact Assessment exists. If one does not, then we work with employers to maximize their chance of succeeding in their Labour Market Impact Assessment applications while at the same time ensuring that they remain compliant with Canadian immigration legislation. As the PDF below demonstrates, their are numerous factors that officers must consider when assessing Labour Market Impact Assessment applications.