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

LMIAs – The Skills Transfer Factor

Meurrens LawLabour Market Impact Assessments, Work Permits

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 … Read More

LMIA’s – The Job Creation Factor

Meurrens LawLabour Market Impact Assessments

Regulation 203(3)(a) 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 … Read More

ESDC – Determining Who the Employer Is

Meurrens LawLabour Market Impact Assessments, Work Permits

Canada’s Department of Employment and Social Development Canada (“ESDC“) administers the Temporary Foreign Worker Program (the “TFWP“).  This is the program through which employers can obtain Labour Market Impact Assessments (“LMIAs“). The following is a partial reproduction of the TFWP Manual (an internal document) regarding who the employer is for the purpose of administering the … Read More

Labour Market Impact Assessments – Recruitment Requirements

Meurrens LawLabour Market Impact Assessments, Work Permits

Employers wishing to apply for Labour Market Impact Assessments are required to conduct recruitment efforts to hire Canadian citizens and permanent residents.  The Department of Economic and Social Development (“ESDC” or “Service Canada“) is very stringent in its recruitment requirements, many of which are not publicly available.  In this blog post I seek to provide … Read More

Work Permits for Employers in the Sex Trade

Meurrens LawLabour Market Impact Assessments, Work Permits

Since July 4, 2012, Minister Instructions have been in place that prohibit temporary foreign workers in Canada from working in a business that is in a sector where there are reasonable grounds to suspect a risk of sexual exploitation of some workers.  The Ministerial Instructions define the business sectors where there are reasonable grounds to … Read More

ESDC’s Mail Audits

Meurrens LawLabour Market Impact Assessments

One of the most perplexing aspects about the Ministry of Employment and Social Development Canada (“ESDC“) is its insistent that all Employer Compliance Reviews be done by mail.  Apparently, as confirmed in this reproduction of internal ESDC correspondence obtained through an Access to Information Act request, it is because the potential for electronic transmission of information … Read More

Strict Interpretation of Compliance in the Foreign Worker Program

Meurrens LawLabour Market Impact Assessments

[The following article appeared in the May edition of The Canadian Immigrant. I have slightly modified it for this blog post.] Back in 2013, Canada’s temporary foreign worker program was rocked by well–publicized stories of abuse. As a result, the Government of Canada introduced a comprehensive compliance regime for employers of foreign workers, and promised … Read More