Agriculture LMIAs

28th Oct 2016 Comments Off on Agriculture LMIAs

Last updated on May 14th, 2020

Last Updated on May 14, 2020 by Steven Meurrens

The Department of Employment and Social Development’s (“ESDC“) Primary Agricultural Stream allows employers to hire temporary foreign workers (“TFWs“) for a maximum period of 24 months when Canadians and permanent residents are not available.  The program was created to reduce differences between the Seasonal Agricultural Workers Program (“SAWP“) and the regular Labour Market Impact Assessment (“LMIA“) stream.

The Primary Agricultural Stream applies to TFWs entering Canada from any country.

Information can be found on the ESDC website here:

In brief, Primary Agriculture is defined as work duties that must:

  • be performed within the boundaries of a farm, nursery or greenhouse
  • involve at least one activity, such as:
    • operation of agricultural machinery,
    • boarding, care, breeding, sanitation or other handling of animals, other than fish, for the purpose of obtaining raw animal products for market
    • collection, handling and assessment of those raw products, or the planting, care, harvesting or preparation of crops, trees, sod or other plants for market
  • be consistent with one of these National Occupational Classification codes: 0821, 0822, 8252, 8255, 8431, 8432, and 8611

The LMIA processing fee does not apply to occupations related to primary agriculture and positions under the National Occupational Classification (NOC) codes 0821, 0822, 8252, 8255, 8431, 8432 and 8611.

Employers must provide foreign workers with adequate, suitable and affordable housing as defined by the Canadian Mortgage and Housing Corporation. The housing can be either on-farm (for example bunkhouse) or off-site (for example commercial establishment). Employers must ensure the occupancy of each accommodation location does not exceed the maximum occupancy permitted.

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Borderlines Podcast Episode 7 – David Eby and Tom Davidoff on Vancouver’s Housing Market

28th Oct 2016 Comments Off on Borderlines Podcast Episode 7 – David Eby and Tom Davidoff on Vancouver’s Housing Market

Last updated on October 23rd, 2020

Last Updated on October 23, 2020 by Steven Meurrens

On the 7th podcast episode, Tom Davidoff and David Eby  joins Peter Edelmann and I to discuss Vancouver’s housing market.

Tom Davidoff is an Associate Professor at the University of British Columbia’s Sauder School of Business.  He is frequently cited in the Vancouver media as being an expert on Vancouver’s housing market, and was part of a team of nine academics who created the B.C. Housing Affordability Fund proposal.

David Eby is the Member of the Legislative Assembly for Vancouver-Point Grey, and was previously the Executive Director of the British Columbia Civil Liberties Association.  He is a passionate advocate for making Vancouver a more affordable place to live.


  • What has been going on in the Vancouver housing market? How fast have prices been rising?
  • Is there evidence that foreign investment / foreign funds has been the cause of the increase in Vancouver housing prices?
  • What data is there regarding the amount of foreign home ownership in Vancouver?
  • What is the property transfer tax, and what are the new rules on how it applies to foreign buyers?
  • Is there evidence that high housing prices impacts the rental market? Does it matter if the landlord is a Canadian or a foreigner?
  • Why should high housing prices matter? Why should people think that they should be able to live in a market that they cannot afford?
  • Should we move beyond the paradigm of valuing single detached homes?
  • What role do international students play in the increase in housing prices?

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Priority Processing in LMIA Applications

27th Oct 2016 Comments Off on Priority Processing in LMIA Applications

Last updated on October 12th, 2018

Last Updated on October 12, 2018 by Steven Meurrens

Labour Market Impact Assessment (“LMIA“) applications typically take 1-4 months to process. However, the Department of Employment and Social Development Canada (“ESDC“) processes LMIAs for in-demand occupations (skilled trades), highly paid occupations (top 10%) or short-duration (120 days or less) entries within a 10 business day service standard.


To be considered a High-Demand LMIA, the position must be for a skilled trade on the list of eligible occupations below, and the wage being offered for the position must be at, or above, the provincial / territorial median wage where the job is located.

Tables about unemployment, Median wages, 10-day speed of service.

Occupation Title

Contractors and supervisors, electrical trades and telecommunications occupations

Contractors and supervisors, carpentry trades

Contractors and supervisors, other construction trades, installers, repairers and servicers


Contractors and supervisors, mechanic trades

Contractors and supervisors, heavy equipment operator crews

Supervisors, logging and forestry

Supervisors, mining and quarrying

Contractors and supervisors, oil and gas drilling services

Logging machinery operators

8252 / 8253
Agricultural service contractors, farm supervisors and specialized livestock workers

Supervisors, mineral and metal processing

Supervisors, petroleum, gas and chemical processing and utilities

Supervisors, plastic and rubber products manufacturing

Central control and process operators, mineral and metal processing

7351 / 7352
Power engineers and power systems operators

Water and waste treatment plant operators

Machinists and machining and tooling inspectors

Sheet metal workers

Structural metal and plate work fabricators and fitters


Welders and related machine operators

Electricians (except industrial and power system)

Industrial electricians

Power system electricians

Electrical power line and cable workers

Telecommunications line and cable workers

Telecommunications installation and repair workers


Steamfitters,  » Read more about: Priority Processing in LMIA Applications  »

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Psychological Reports

26th Oct 2016 Comments Off on Psychological Reports

Last updated on May 12th, 2019

Last Updated on May 12, 2019 by Steven Meurrens

In John v. Canada (Citizenship and Immigration), 2016 FC 915, Justice Brown provided a helpful summary on how psychological reports are to be treated by the Immigration and Refugee Board and visa officers.

He wrote:

Having come to this conclusion, it is not necessary to deal with the other issues re the psychologist’s report and the Gender Guidelines. However, in connection with the psychologist’s report, the RPD appears to have rejected the psychologist’s report on grounds that were directly and recently criticized by the majority of the Supreme Court of Canada in Kanthasamy v Canada (Citizenship and Immigration), 2015 SCC 61 (Kanthasamy). The RPD states at paras 13-14 of the Decision:

[13] The panel, however, does not find [the psychotherapist’s] assessment to be persuasive evidence and determines that [the psychotherapist] is in no position to state categorically that the PC’s mental and emotional state are the result of her alleged problems in Antigua.

[14] (…) The panel finds that, although the PC may be suffering from anxiety and depression, this may or may not be related to the causes described by the PC in her evidence. Accordingly, the panel gives the psychological assessment, no weight.

[emphasis added]

In Kanthasamy at para 49, the Supreme Court rejected this approach to psychological reports:

And while the Officer did not “dispute the psychological report presented”, she found that the medical opinion “rest[ed] mainly on hearsay” because the psychologist was “not a witness of the events that led to the anxiety experienced by the applicant”. This disregards the unavoidable reality that psychological reports like the one in this case will necessarily be based to some degree on “hearsay”.

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Urgent Processing of PR Cards

25th Oct 2016 Comments Off on Urgent Processing of PR Cards

Last updated on August 19th, 2021

Last Updated on August 19, 2021 by Steven Meurrens

On October 20, 2016, IRCC posted Operational Bulletin 627. It restricts what qualifies for “urgent processing” of PR Cards to:

  • travel due to an applicant’s own serious illness or the serious illness or death of a family member; or
  • to obtain employment or to travel due to employment requirements or opportunity.

In Li v. Canada (Immigration, Refugees and Citizenship),the Federal Court stated that mandamus cannto be used to compel IRCC to mail a PR Card rather than require that it be picked up in person.

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Who Do You Report To – Misrepresentation

20th Oct 2016 Comments Off on Who Do You Report To – Misrepresentation

Last Updated on October 20, 2016 by Steven Meurrens

I’m writing this post quickly after reading the Federal Court’s decision in Hehar v. Canada (Citizenship and Immigration), 2016 FC 1054.

In the decision, Justice Brown writes:

Naveen Kumar Verma gave radically different answers from those given by the Applicant during the verification process in response to the same two simple questions. First, in response to the question, “Who does she report to/Who do you report to,” two different individuals, with different job titles were named.

I have never liked the “who do you report to” question. Prior to becoming a Partner at Larlee Rosenberg I theoretically could have given the name of either Peter Larlee or Ryan Rosenberg. If my Legal Assistant were to be asked “who does she report to” I could see her answering that it was either me or Ryan Rosenberg, the Managing Partner. Both answers would be correct.

Contradictory answers to this question often result in great suspicion by visa officers that is difficult to overcome. And it really shouldn’t.

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Temporary Resident Permits (Pre June 28, 2019)

13th Oct 2016 Comments Off on Temporary Resident Permits (Pre June 28, 2019)

Last updated on July 4th, 2019

Last Updated on July 4, 2019 by Steven Meurrens

People who do not meet the requirements of the Immigration and Refugee Protection Act (the “IRPA“), and most commonly people who are criminally inadmissible to Canada and who are not eligible to apply for rehabilitation, require Temporary Resident Permits (“TRPs“) in order to enter or remain in Canada.

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BC PNP September 1 Changes

13th Oct 2016 Comments Off on BC PNP September 1 Changes

Last Updated on October 13, 2016 by Steven Meurrens

On September 1, 2016, the British Columbia Provincial Nomination Program (“BC PNP“) published changes to its program guide.

Here is a summary of the changes.




If you are invited to apply and your employer is using a representative, your employer must also complete their own use of representative form, even if your employer is appointing the same representative.
If you are invited to apply and you are using a representative, your employer must also complete their own use of representative form, even if your employer is appointing the same representative.

If invited to apply, you must submit the $550 application fee with your online application before your application will be processed. Incomplete applications will not be processed and fees may not be refunded.
If invited to apply, you must submit the $550 application fee with your online application before your application will be processed. Incomplete applications will not be approved, and application fees will only be refunded if you withdraw your application before the BC PNP begins to assess it. You may contact the BC PNP at to withdraw your application and find out if you are eligible for a refund. Please provide your full name, your date of birth, and your BC PNP application file number in your email.

Minimum Incomes Threshold
2014 Data
2015 Data

All thresholds have an average increase of $100-600

Paid Co-Op Counting as Experience
No mention.
Experience obtained in paid co-op work terms is eligible if it meets the following criteria:

  • paid co-op work term must be full-time (minimum 30 hours per week)
  • paid co-op experience must be at a NOC skill level equal to or greater than the NOC code of the B.C.

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Corroborating Affidavits

7th Oct 2016 Comments Off on Corroborating Affidavits

Last Updated on October 7, 2016 by Steven Meurrens

It is not uncommon for refusal letters to contain some variation of the following statement:

I find that letters or affidavits made by the applicant, who has a personal interest in this matter, require a degree of corroboration in order to contain much weight.

As the Federal Court of Appeal held in Maldonado v Canada (Minister of Employment and Immigration), [1980] 2 FC 302 at para 5 (FCA), this is inappropriate. There, the Court noted that:

When an applicant swears to the truth of certain allegations, this creates a presumption that those allegations are true unless there be reason to doubt their truthfulness. On this record, I am unable to discover valid reasons for the Board doubting the truth of the applicant’s allegations above referred to.

In Hilo v Canada (Minister of Citizenship and Immigration), [1991] FCJ No 228 (FCA), the Court further noted that:

The appellant was the only witness who gave oral testimony before the Board. His evidence was uncontradicted. The only comments as to his credibility are contained in the short passage quoted supra. That passage is troublesome because of its ambiguity. It does not amount to an outright rejection of the appellant’s evidence but it appears to cast a nebulous cloud over its reliability. In my view, the Board was under a duty to give its reasons for casting doubt upon the appellant’s credibility in clear and unmistakable terms. The Board’s credibility assessment quoted supra is defective because it is couched in vague and general terms. The Board concluded that the appellant’s evidence lacked detail and was sometimes inconsistent. Surely particulars of the lack of detail and of the inconsistencies should have been provided.

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IRCC Application Refusal – Example of Internal Reasons for Study Permit Refusal

6th Oct 2016 Comments Off on IRCC Application Refusal – Example of Internal Reasons for Study Permit Refusal

Last updated on July 6th, 2018

Last Updated on July 6, 2018 by Steven Meurrens

In a previous blog post I wrote about how IRCC’s internal reasons for refusal are often much more detailed than what is in the refusal letters that IRCC sends to refused applicants.

The recent case of Aguilar v. Canada (Citizenship and Immigration), 2016 FC 947 illustrates this.

There, the refusal letter stated:

The checklist reasons for refusal further added that the reasons for refusal were “employment prospects of country of residence” and “current employment situation.”

The internal reasons for refusal, which could only be obtained through filing an Access to Information Act request or going to Federal Court were much more detailed, and stated that:

As you can see, it would be impossible for people who did not have the internal reasons to fully understand why their application was refused. It is for this reason that people with refusals should always seek to obtain the full reasons for refusal before re-applying.

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