LMIAs for Concession Booth Owner Operators

12th May 2020 Comments Off on LMIAs for Concession Booth Owner Operators

The Department of Employment and Social Development Canada has special Labour Market Impact Assessment rules for concession booth operators.

As per the Guidelines, concession both operators, within the specific context of major touring productions / shows (eg. Disney on ICe, Monster Jam, Ringling Brothers) are classified as National Occupational Classification 0621 – Retail Trade Managers.

Concession booth operators are responsible for planning, organizing, directing, controlling and evaluating the operations of establishments selling merchandise.  For concession booth owners / operators / managers working in conjunction with major touring productions / shows, the foreign workers own and operate concession booths as sub-contractors of the production company. They:

  • are trained in specific contractual standards on a range of topics, e.g. product knowledge, sales techniques, security; and
  • may be required to purchase minimum quotas of licensed products.

At these events, concession sales represent a signficant revenue stream which supports the viability of the main production / show.

LMIAs

The ESDC guidelines state that officers must base their assessment on whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents.

LMIA applications for concession both owners / operators associated with major touring productions such demonstrate that the approval of the LMIA would result in the creation or retention of employment opportunties for Canadians and permanent residents.

Employment can include:

  • ticket takers;
  • security;
  • parking lot attendants;
  • maintenance staff;
  • food / beverage vendors;
  • employment and revenues for hotels, restaurants, transportation companies; and,
  • print media.

No recruitment or advertisement is required.

The directive does not apply to concession booth owners / operators associated with a mid-way,

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LMIAs – The Skills Transfer Factor

11th May 2020 Comments Off on LMIAs – The Skills Transfer Factor

Regulation 203(3)(b) of the Immigration and Refugee Protection Regulations (the “IRPR“) states:

(3) An assessment provided by the Department of Employment and Social Development with respect to the matters referred to in paragraph (1)(b) shall, unless the employment of the foreign national is unlikely to have a positive or neutral effect on the labour market in Canada as a result of the application of subsection (1.01), be based on the following factors:

(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;

The Temporary Foreign Worker Manual states that the following principles should guide the assessment of whether the employment of a foreign national will or is likely to result in direct job creation or job retention for Canadian citizens or permanent residents.

First, an officer conducting an analyis of a Labour Market Impact Assessment (an “LMIA”) application should reflect a reasonable and balanced approach ensuring that officers do not base their decision solely on the outcome of one of the seven labour market factors.  An employer can receive a positive LMIA even if this factor is assessed to be negative and an employer can receive a negative LMIA even if this factor is assessed to be positive.

Second, for Owner Operator LMIAs, assessing if the entry of a foreign national will result in the development or transfer of skills and knowledge is essential.

Third, the following questions will help guide the assessment of this factor:

  1. How will the staffing of this position lead to the transfer of skills and knowledge?
  2. What is the skills or knowledge being transferred or developed?

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