Labour Market Impact Assessments – The Genuiness and Actively Engaged Factors

Meurrens LawLabour Market Impact Assessments

Section 203(1)(a) of the Immigration and Refugee Protection Regulations (“IRPR“) requires Service Canada to only issue a positive Labour Market Impact Assessment (“LMIA“) when it is satisfied that an employer’s job offer is genuine. The IRPR lists several specific factors which Service Canada officers must consider in a genuineness analysis. The Genuineness Factor In addition to … Read More

The Global Talent Stream

Meurrens LawLabour Market Impact Assessments, Work Permits

On June 12, 2017 Canada’s Department of Employment and Social Development introduced the Global Talent Stream. Companies applying for workers through the Global Talent Stream have access to a streamlined Labour Market Impact Assessment process that provides eligible employers with: priority processing of applications for the Global Talent Stream and a client-focused service for the … Read More

IRCC/ESDC Employer Compliance Inspections

Meurrens LawLabour Market Impact Assessments, Work Permits

All employers of temporary foreign workers in Canada need to understand how the employer compliance regime works.  Both Immigration, Refugees and Citizenship Canada (“IRCC”) as well as the Department of Employment and Social Development (“ESDC”) regularly audit and inspect the employers of foreign workers to make sure that they are complying with the Temporary Foreign … Read More

Owner Operator LMIAs

Meurrens LawLabour Market Impact Assessments

One of the less understood recruitment exemptions in the Labour Market Impact Assessment stream is the exemption for Owner / Operators of a business.  The Employment and Social Development Canada website states: Category: Owners/Operators Description: The owner/operator must demonstrate that he is integral to the day-to-day operation of the business and will be actively involved … Read More

Original Signatures, Digital Signatures and Copies of Signatures

Meurrens LawLabour Market Impact Assessments

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 … Read More

Labour Market Impact Assessments- Prevailing Wage

Meurrens LawLabour Market Impact Assessments

In order to obtain a positive Labour Market Impact Assessments, an employer must commit to paying a prospective foreign worker at least the prevailing wage for an occupation in a geographic area.  The prevailing wage is set by Employment and Skills Development Canada (“ESDC“)/Service Canada.  It is a very strict requirement, and Service Canada officers … Read More

LMIAs and Labour Disputes

Meurrens LawLabour Market Impact Assessments, Work Permits

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 … Read More

Agriculture LMIAs

Meurrens LawLabour Market Impact Assessments

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“) … Read More

LMIAs for Concession Booth Owner Operators

Meurrens LawLabour Market Impact Assessments

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. … Read More