On June 12, 2017 Canada launched the Global Skills Strategy. The Global Skills Strategy introduces new work permit programs and work permit exemptions at both Immigration, Refugees and Citizenship Canada (“IRCC”) and the Department of Employment and Social Development Canada (“ESDC”).
Specifically, the Global Skills Strategy includes:
- ESDC introducing the Global Talent Stream to its Labour Market Impact Assessment (“LMIA”) program;
- IRCC committing to processing certain work permit applications within 10 days;
- IRCC introducing a new work permit exemption for short-term work in certain occupations; and
- IRCC introducing a new work permit exemption for certain researchers.
All employers of prospective foreign workers, and especially those in technology related industries, should familiarize themselves with the Global Skills Strategy.
ESDC’s Global Talent Stream
Employers of foreign workers for positions that are eligible for ESDC’s Global Talent Stream will need to decide whether they want to submit their LMIA application(s) under the normal LMIA streams or under the Global Talent Stream.
There are two main benefits of participating in the Global Talent Stream. First, ESDC is committing to processing LMIA applications submitted under the Global Talent Stream within 10 business days. Second, LMIA applications submitted under the Global Talent Stream will not have a minimum recruitment requirement, although employers will still have to list their recruitment efforts.
The Global Talent Stream consists of two eligibility categories.
A company will be eligible for Category A if they are hiring unique and specialized talent and if that talent has been referred to the Global Talent Stream by one of ESDC’s designated partners. As of June 12, 2017 the designated partners are the:
- Atlantic Canada Opportunities Agency
- BC Tech Association
- Business Development Bank of Canada
- Communitech Corporation
- Council of Canadian Innovators
- Federal Economic Development Agency for Southern Ontario
- Global Affairs Canada’s Trade Commissioner Service
- ICT Manitoba (ICTAM)
- Innovation, Science and Economic Development Canada – Accelerated Growth Service
- MaRS Discovery District
- National Research Council – Industrial Research Assistance Program
- Ontario Ministry of Citizenship and Immigration
- Ontario Ministry of Economic Growth and Development
- VENN Innovation
ESDC will consider a prospective foreign worker to have unique and specialized talent if:
- they have advanced knowledge in the industry;
- they have an advanced degree in an area of specialization of interest to the employer and/or they have a minimum of five years experience in the field of specialized experience; and
- the position pays a salary of $80,000.00 or more.
An employer will be eligible for Category B if they are seeking to hire highly-skilled foreign workers to fill positions in the Global Talent occupations list.
The list of eligible occupations, and, where applicable, the minimum occupation for that occupation, is:
- NOC 0213 – Computer and information systems managers
- NOC 2147 – Computer engineers (except software engineers and designers)
- NOC 2171 – Information systems analysts and consultants
- NOC 2172 – Database analysts and data administrators
- NOC 2173 – Software engineers and designers
- NOC 2174 – Computer programmers and interactive media developers
- NOC 2175 – Web designers and developers
- NOC 2241 – Electrical and electronics engineering technologists and technicians (minimum salary $81,000)
- NOC 2283 – Information systems testing technicians (minimum salary $78,000)
- NOC 5241 – Digital Media and Design where the position requires a minimum of five years industry experience and specified skills (minimum salary $80,000)
Labour Market Benefits Plan
Employers in the Global Talent Stream must develop a Labour Market Benefits Plan which demonstrates the employer’s commitment to activities that will have a positive impact on the Canadian labour market. Commitments are divided into mandatory commitments and complementary benefits.
All employers in Category A must commit to creating jobs, either directly or indirectly for Canadians and permanent residents.
All employers in Category B must commit to increasing skills and training investments for Canadians and permanent residents.
Employers in both categories must also commit to achieving a minimum of two complementary benefits with at least one activity for each benefit. The complementary benefit cannot be the same as the mandatory benefit.
Complementary benefits could include, but are not limited to:
- job creation;
- investment in skills and training;
- transferring knowledge to Canadians and permanent residents;
- enhanced company performance; and
- implementing best practices or policies as an employer for a company’s workforce.
Activities to support mandatory and complementary benefits could include, but are not limited to:
- increasing the number of Canadians or permanent residents employed full-time and part-time by the firm;
- establishing educational partnerships with local or regional post-secondary institutes or with other organizations that are supporting skills and training;
- paid co-op or internship programs;
- developing and implementing policies to support the hiring of underrepresented groups;
- directly training Canadians or permanent residents;
- directly supervising and mentoring Canadians or permanent residents;
- increasing growth of revenue, employment or investment; and
- developing/enhancing partnerships with organizations that assist with the identification of top domestic capital.
ESDC will monitor the progress of an employer’s Labour Market Benefits Plan at regular intervals to allow ESDC to assess the employer’s performance in the Global Talent Stream and to determine an employer’s continuing eligibility.
Two-Week Work Permit Processing
As part of the Global Skills Strategy, IRCC is committing to two-week work permit processing for applicants who:
- are going to be working in LMIA exempt positions and are (a) applying from outside Canada, (b) are going to be working in a NOC 0 or A position, and (c) have applied online; or
- have a positive LMIA that was obtained through ESDC’s Global Talent Stream.
New Work Permit Exemption for Short-Term Work
Prospective foreign workers in Canada will no longer need work permits if they will be working in an occupation under National Occupational Classification 0 or A and the worker is coming to either:
- perform work for 15 consecutive calendar days or less and six months have passed since the first day of work under the previous use of this exemption
- for 30 days or less (16-30 days) and 12 months have passed since the first day of work under the previous use of this exemption.
Work Permit Exemption for Researchers
Finally, under the Global Skills Strategy researchers will be eligible for a work permit exemption for 120 days if they:
- are coming to perform work for 120 consecutive calendar days or less and 12 months have passed since the first day of work under the previous use of this exemption;
- will be engaged primarily in research activities;
- are coming to work at a publicly funded, degree-granting institution at the college or university level or affiliated research institution; and
- have a letter from the receiving institution attesting to the details of the work as being primarily research and outlining the period of employment.
More information about the two-week processing standard can be found here.
More information about the short-term work permit exemption can be found here.
More information about researchers can be found here.