LMIAs – Who is the Employer

17th Oct 2020 Comments Off on LMIAs – Who is the Employer

Last Updated on October 18, 2020 by Steven Meurrens

There would be perhaps few things as frustrating for the potential employers of foreign workers than to go through the Labour Market Impact Assessment process only to learn that they were not considered to be an employer by the Department of Employment and Social Development Canada.

According to the Temporary Foreign Worker Program manual, an employer is an entity (e.g. person, business, corporation or organization) that makes an offer of employment to one or more foreign nationals who provide labour in return for compensation for a specified period of time. The employer is generally the entity that hires, controls working conditions and remunerates the foreign national.

The Manual further states:

Entities Considered the Employer of a Foreign National under the TFW Program:

Canadian-Based Entity

A person, business, corporation or organization based in Canada that makes an offer of employment to one or more foreign nationals.

Foreign-Based Entity

A person, business, corporation or organization that is not based in Canada that makes an offer of employment to one or more foreign nationals to work in Canada. For identification purposes, it is strongly recommended that the foreign-based employer obtain a Canadian business number to facilitate the TFW Program’s assessment of their genuineness.

Group of Employers

In cases where two or more entities are determined to share employer responsibilities by the Department, a group of employers may make an offer of employment to a foreign national.

• All parties handling employer responsibilities relating to the employment of a foreign national (via an LMIA) are considered to be part of a group of employers for the purpose of the TFW Program.

 » Read more about: LMIAs – Who is the Employer  »

Read more ›