The following is an article that I wrote for The Canadian Immigrant Magazine.
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The Canadian Bill of Rights, S.C. 1960, c. 44 (the “Bill of Rights“) is a Canadian federal statute that was enacted in August 1960. It is quasi-constitutional in nature. As it is an Act of Parliament it applies only to federal law. It also predates the Charter of Rights and Freedoms, which has largely superseded the Bill of Rights in importance.
However, not all of the provisions of the Bill of Rights were reproduced in the Charter of Rights and Freedoms.
Section 2(e) of the Bill of Rights provides:
2. Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of Canada shall be construed or applied so as to […]
(e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations.
In Canadian National Railway Company, the Federal Court established that four basic conditions must be met in order for paragraph 2(e) of the Bill of Rights to be engaged:
- The applicant must be a “person” within the meaning of paragraph 2(e);
- The arbitration process must constitute a “hearing […] for the determination of [the applicant’s] rights and obligations”;
- The arbitration process must be found to violate “the principles of fundamental justice”;
As of March 1, 2017, camp counsellors going to residential camps during the summer season are exempt from the Labour Market Impact Assessment (“LMIA“) requirement. They can apply for work permits once their employers submit their online offers of employment into the employer compliance portal.
Religious Camp Counsellors
Religious camp counsellors should note that they should not be indicating in their online offer of employment offers that the LMIA exemption code is religious or charitable work under LMIA exemption code C50. Immigration, Refugees and Citizenship Canada (“IRCC”) has determined that the normal work of a camp counsellor (whose primary duties consist of supervising children and leading sports, crafts, games and other recreational activities) is not considered religious in nature. Rather, LMIA exemption code C20 should be used.
In the case of a counsellor who is unpaid and who works for a charitable or religious organization, an employer compliance fee fee exemption may apply. To be fee-exempt, the foreign national cannot receive remuneration other than a stipend for living expenses, which, if monetary, should be below the prevailing minimum wage. Otherwise, the foreign national should receive only non-monetary benefits (e.g., accommodation and health care). It is the responsibility of the organization to prove that they are charitable or religious.
More information about this can be found here.Read more ›
One of the more frustrating aspects of the Temporary Foreign Worker Program from an application procedure angle can be determining whether ESDC accepts digital signatures, and whether an individual other than the 3rd party representative can sign for the person named as the third party representatives.
Helpfully, the Temporary Foreign Worker Program Wiki appears to answer that digital signatures are accepted in the TFWP, and that if there is no doubt that an individual works in the same law firm as an authorized third party then it is reasonable to accept that this individual can sign as an authorized representative.
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The following are some interesting stats on the number of foreign workers in Canada from 2004 – 2014.
The first chart is for the number of foreign workers in the Temporary Foreign Worker Program from 2004 – 2014. The top four countries where the Philippines, India, the United States of America, and Mexico.
In the International Mobility Program the top 5 countries are very different. There, it is the United States of America, India, China, and France.
The data also shows that from 2004 – 2014 the number of temporary foreign workers in Canada more than doubled from 86,551 to 177,704. Almost all of this growth was in the Labour Market Impact Assessment Program, with most of it being lower-skilled foreign workers.
There was also considerable growth in the International Mobility Program, with the number of work permit holders going from 110,525 to 390,273 during the period from 2004 – 2014. Much of the growth came from the introduction of the Post-Graduate Work Permit Program, International Experience Canada, and C-10 applications.
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Last updated on February 26th, 2019
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)
The following is an article that I wrote for The Canadian Immigrant magazine.
Prospective immigrants committing misrepresentation in their applications is becoming an increasingly big problem in Canada. In Vancouver, an individual was recently sentenced to eight years imprisonment for helping around 1,500 people lie in everything from permanent residency applications to permanent resident card renewals, including the use of fake passport stamps.
As well, thousands of Canadians across the country are embroiled in citizenship revocation proceedings.
Meanwhile, increased information sharing between government agencies, and improvements in the collection and analysis of data are resulting in a huge increase in immigration officials detecting everything from little white lies to complex fraud.
What is misrepresentation?
Canadian immigration officials interpret the definition of misrepresentation very broadly as the goal is to help maintain the integrity of Canada’s immigration process. The law is clear that the onus is placed on the prospective immigrant (or visitor, worker or student) to ensure the completeness and accuracy of their application.
Not all misstatements or omissions will result in an individual committing misrepresentation. The lie has to be material. In other words, the misstatement or omissions need to be ones that could affect whether someone is eligible for the immigration program that they are applying to, or whether they are inadmissible to Canada.
For example, even though being charged with a criminal offence that is ultimately dismissed does not typically render one inadmissible to Canada, the failure to disclose a dismissed charge would be considered misrepresentation. Not disclosing the charge prevents officials with the opportunity to confirm if and why the charge was, in fact, dismissed. On the other hand, mistyping a postal code is unlikely to result in an immigration official determining that someone committed misrepresentation.Read more ›
The Five Country Conference (the “FCC“), commonly referred to as the “Five Eyes” is a forum for cooperation and information sharing between the border and immigration agencies of Canada, Australia, New Zealand, the United Kingdom, and the United States.
Under the FCC, Canada participates in manual case-by-case and automatic information exchanges with other FCC partners.
In 2009, Canada began manually running a small number of fingerprint-based immigration checks with each FCC partner as part of the High Value Data Sharing Protocol, an immigration information-sharing arrangement that was introduced as a pilot for automated information sharing.
In 2011, the members of the FCC agreed to expand and automate the manual, low volume, and case-by-case exchanges.
Since 2013, under the Beyond the Before Initiative, Canada has been automatically sharing immigration information with the United States. Perhaps the most visible consequence of this information is the dramatically increased number of people who are determined to be inadmissible to Canada for not disclosing their United States visa applications, especially refusals.
In May, 2017, the Trudeau government expanded upon the Harper government’s initiative, and introduced regulatory amendments to the Immigration and Refugee Protection Regulations to allow for the automatic sharing of immigration information with Australia, New Zealand, and the United Kingdom.
Perhaps the most immediate consequence of the new information sharing agreements will be the automatic sharing of information regarding inland asylum claimants, overseas refugee resettlement applicants, and on visa applications for individuals from certain countries that the government has deemed high risk (including Colombia, Iran, and several other Middle Eastern countries that Canada collects biometrics from).
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