Ability to Perform the Work Sought

20th Oct 2020 Comments Off on Ability to Perform the Work Sought in Work Permits

Regulation 200(3)(a) provides that an officer shall not issue a work permit to a foreign national if there are reasonable grounds to believe that the foreign national is unable to perform the work sought.

Procedural Fairness

In jurisprudence on applications for skilled worker class permits it has also been held that if the officer has concerns about the veracity of documents, procedural fairness demands that the officer make further inquires.  However, an officer is generally not under a duty to inform a skilled worker class permit applicant about his concerns when they arise directly from the requirements of the legislation or regulations.  As the Federal Court of Canada noted in Li v. Canada (Citizenship and Immigration), 2012 FC 484, the same applies in work permit applications.

As the court held in Kumar v. Canada (Citizenship and Immigration), 2020 FC 935, because of the legislative requirement that officers not issue work permits to foreign nationals if they believe that the foreign national is unable to perform the work sought, then even if Immigration, Refugees and Citizenship Canada’s online checklist does not specifically require documents such as diplomas, academic transcripts, or certificates of English proficiency, an officer can refuse an application if they are not provided when requested by an officer.

On the specific issue of language proficiency, officers can expect more than an English language application and cover letter to verify an applicant’s ability to speak and write in English, where there are reasonable grounds to believe that such language skills are necessary to perform the work sought.

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Top Source Countries of Immigration to Canada

20th Oct 2020 Comments Off on Top Source Countries of Immigration to Canada in Immigration Trends

One of the interesting trends of Canadian immigration during the past five years has been the explosion of India as a source country, the flat-lining of China, and the decline of the Philippines. There has also been a steady increase in immigrants from Brazil, Eritrea, the USA and Nigeria.

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LMIAs – Who is the Employer

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

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.

• The Department determines who is able to apply under a Group of Employers,

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Section 203(3)(f) of the Immigration and Refugee Protection Regulations states an assessment provided by the Department of Employment and Social Development (“ESDC”) with respect to the whether the entry of a foreign national is unlikely to have a positive or neutral effect on the labour market in Canada shall be based, in part, on whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress of the employment of any person involved in the dispute.

ESDC policy is short on this matter, and states that employers should not use the Temporary Foreign Worker Program to circumvent a legal work stoppage or to influence the outcome of a labour dispute.

A labour dispute is defined as occuring when the parties to a collective agreement have reached an impasse in their efforts to enter into, renew or revise a collective agreement and require the intervention of a third party (e.g., government labour officials) to resolve the differences.

It does not include all grievances between a union and employer.

Labour disputes, which often arise during collective agreement/contract negotiation between an employer and a union, may include: work stoppage, strikes, refusal to work, picketing, lockouts, etc. They also arise in situations that are in reaction to working to conditions dictated by legislation such as refusal to perform duties when employees feel that their security might be jeopardized, or different views on issues related to labour standards such as overtime, wages and holidays.

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Protected: North Vancouver Playgrounds

4th Aug 2020 Comments Off on Protected: North Vancouver Playgrounds in Uncategorized

There is no excerpt because this is a protected post.

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Borderlines Podcast #38 – R v. Zora – The Supreme Court of Canada Addresses Breach of Bail Conditions, with Sarah Runyon

29th Jul 2020 Comments Off on Borderlines Podcast #38 – R v. Zora – The Supreme Court of Canada Addresses Breach of Bail Conditions, with Sarah Runyon in Uncategorized

R v. Zora is a 2020 Supreme Court of Canada decision involving the criminal offence of breaching bail conditions. It is relevant in the Canadian immigration context as individuals who are convicted of this crime in Canada, or who are convicted of or commit an equivalent offence abroad, are inadmissible to the country.

Borderlines · #38 – R v. Zora – The Supreme Court of Canada Addresses Breach of Bail Conditions, with Sarah Runyon

Steven and Deanna are joined by Sarah Runyon, who was counsel for Mr. Zora at the Supreme Court. We discuss how bail works in Canada, the offence of breach of bail conditions, and the implications of the Supreme Court decision.

 

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Borderlines Podcast #37 – The Closure of the Canada – US Border and the Supreme Court’s DACA Decision, with Andrew Hayes

29th Jul 2020 Comments Off on Borderlines Podcast #37 – The Closure of the Canada – US Border and the Supreme Court’s DACA Decision, with Andrew Hayes in Podcasts

Andrew Hayes is a US immigration lawyer who practices in Vancouver. His website is www.usborderlaw.com

Andrew, Deanna and Steven discuss the closure of the Canada – US border during COVID-19 and how the agreement has been implemented in the two policies, recent Executive Orders regarding immigration, and the United States Supreme Court decision in Department of Homeland Security et al v. Regents of the University of California et al.

Borderlines · #37 – The Closure of the Canada – US Border and the Supreme Court’s DACA Decision, with Andrew Hayes

2:00 -The closure of the Canada – US border

25:00 – Recent Executive Orders pertaining to immigration in the United States

45:00 – The DACA decision

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