On July 31, 2013, the Ministry of Employment and Social Development Canada (“Service Canada“) introduced changes to the Labour Market Opinion (“LMO“) process which took affect immediately. Today’s changes, as well as previous, recent ones, greatly increase the burden for companies applying for LMOs. Today’s changes were comprehensive. We have provided a broad overview of … Read More
Sign at Canadian Embassy in Beijing Shows Impact of PAFSO Strike
A reader sent me a digital photograph of a sign allegedly posted at the Canadian Embassy in Beijing. As the PAFSO job action continues, the implications for prospective international students is become quite serious. I can’t even guess on how post-secondary institutions are preparing and mitigating.
PAFSO Strike Jeopardizing CIC Client Services
As many people know, the Professional Association of Foreign Services Officers (“PAFSO“) is currently taking strike action. According to the PAFSO Facebook page: [As of July 10] members who have not been identified as essential have withdrawn services in San Juan, Costa Rica,Sao Paulo. Guatemala, Brasilia, Moscow, Warsaw, Singapore,Manila, Islamabad,Chandigarh,Ankara, Hong Kong, and Delhi. Some … Read More
Why the CBSA Enforces What it Does
The Canada Border Services Agency (“CBSA“) in 2011 produced the Integrated Intelligence / Enforcement Priorities Report (the “Report“). The Report is interesting because it presents succinct descriptions of what CBSA considers to be areas of importance in the enforcement context related to immigration, and why it considers these issues important. Practitioners may find these summaries useful … Read More
Procedural Fairness Owed by Provincial Nomination Programs to “Fraudulent” Consultants
The Saskatchewan Queen’s Bench (the “Court“) in Kaberwal v. Saskatchewan (Economy), 2013 SKQB 244 has released a decision clarifying the procedural fairness owed by provincial nomination programs to immigration representatives accused of fraud. To the best of my knowledge, it is the first decision on this issue. The Facts of the Case On December 31, … Read More
Five Things I hope Jason Kenney Brings to the HRSDC Temporary Foreign Worker Program
On July 15, 2013, Prime Minister Stephen Harper shuffled his cabinet. From an immigration perspective, the important changes are: Steven Blaney replaces a retiring Vic Toews as the Minister of Public Safety and Emergency Preparedness. Chris Alexander replaces Jason Kenney as the Minister of Citizenship and Immigration. Jason Kenney replaces Diane Finley as the Minister of Employment and … Read More
Partial Returns of Money under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act
The Government of Canada through the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, SC 2000, c 17 (the “PCMLTFA“), has enacted measures to increase the detection of money associated to the proceeds of crime at Ports of Entry. Part 2 of the PCMLTFA imposes on obligation on every person to report the … Read More
HIV and Immigrating to Canada
Under the Immigration and Refugee Protection Act, all foreign nationals applying for permanent residency, and certain foreign nationals applying for temporary residency, are requested to undergo an immigration medical examination (“IME“) to determine if they are inadmissible on health grounds. A person will be inadmissible to Canada on health grounds if they are a danger to public health, … Read More
The Jurisdiction of the IAD in Considering Procedural Fairness in 117(9)(d) Cases
On April 25, I blogged about how the Federal Court had certified the following question involving s. 117(9)(d) of the Immigration and Refugee Protection Regulations (“R179(9)(d)”): In light of sections 72(2)(a), 63(1) and 65 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, and the case of Somodi v. Canada (Minister of Citizenship and Immigration), 2009 FCA 288 (CanLII), [2010] 4 F.C.R. 26 … Read More
The Cost of Escorted Removals and Detentions
In May 2011, the Government Consulting Services prepared a report for the Canada Border Services Agency titled Identification and Assessment of Options for the Escort Program (Project Number: 520-1412). This blog post is a summary of that report. As the report is over 30 pages, please contact me if you want me to e-mail you a … Read More