On July 31, 2013, the Ministry of Employment and Social Development Canada (“Service Canada“) introduced changes to the Labour Market Opinion (“LMO“) process which took affect immediately. Today’s changes, as well as previous, recent ones, greatly increase the burden for companies applying for LMOs. Today’s changes were comprehensive. We have provided a broad overview of the changes below, however, we encourage you to contact us, or check the website below, for further details.
LMO Application Fees
Effective July 31, 2013, employers applying for LMOs must pay a processing fee of $275.00 for each position requested. The total payment must reflect the number of Temporary Foreign Workers (“TFW“) positions requested on the LMO application (e.g. $275 x number of positions = total payment). For example, a company requesting a bulk LMO for 25 positions will be required to pay a processing fee of $6,875.00.
Employers who wish to increase the number of positions requested on a LMO application must submit a new LMO application for these positions, with the required documents and fees.
There will be no refund in the event of a negative LMO or if the application is withdrawn or cancelled. Reconsideration requests will also require the submitting of new application forms and fees.
New Advertising Requirements
The period that employers must advertise positions domestically before applying for LMOs is being increased from two weeks to four weeks. As well, advertisements must continue to run during Service Canada’s processing of the LMO application.
In addition to advertising on the national Job Bank website or the equivalent provincial/territorial website, employers must prove they have used at least two other recruitment methods that are consistent with the practices for the occupation. If hiring for a high-skilled position,Read more ›
In August 2011 Teresa Woo-Paw, the Alberta Parliamentary Assistant to the Minister of Employment and Immigration released a report titled Impact of the Temporary Foreign Worker (TFW) Program on the Labour Market in Alberta. The main thrust of the report was that Alberta’s workforce is projected to be 77,000 workers short between 2002 and 2012, with overall demand outpacing supply from 2015, and that Alberta should implement, and the Government of Canada should facilitate, Alberta implementing a program to attract labour through immigration to address the labour shortage. The report contained numerous recommendations, some of which were accepted by the Alberta government.
The Political Back and Forth Between Jason Kenney and the Government of Alberta
In response to the report, Thomas Lukaszuk, Alberta’s Minister of Employment and Immigration, recently urged the federal government to remove the annual caps on the number of provincial nominees.
The Brooks Bulletin recently reported on Jason Kenney’s, the federal Minister of Citizenship and Immigration, response. According to the Brooks Bulletin, he stated:
It would almost result in doubling national immigration levels to Canada when 80 per cent of Canadians are saying immigration levels are already high enough or are too high.
I think they are totally disconnected from reality on that.
To be honest with you there’s a tension between the need to keep this a Canada-first program and the need to facilitate filling positions in an efficient way. We can’t just open up the rules willy-nilly. There has to be some reasonable rules in the program that ensures Canadians are getting the first crack [at jobs].
Although Jason Kenney is probably correct in noting that removing the provincial nomination quotas would result in a dramatic increase in immigration levels,Read more ›
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
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