Procedural Fairness in LMIA Applications

Meurrens LawLabour Market Impact Assessments

Procedural fairness in Labour Market Impact Assessment (“LMIA“) applications is relatively low.  In Frankie’s Burgers, the first reported Federal Court decision on the matter, the Court stated that (citations removed): The requirements of procedural fairness will vary according to the specific context of each case. In the context of applications by employers for [Labour Market Impact … Read More

Priority Processing in LMIA Applications

Meurrens LawLabour Market Impact Assessments

Labour Market Impact Assessment (“LMIA“) applications typically take 1-4 months to process. However, the Department of Employment and Social Development Canada (“ESDC“) processes LMIAs for in-demand occupations (skilled trades), highly paid occupations (top 10%) or short-duration (120 days or less) entries within a 10 business day service standard. High-Demand To be considered a High-Demand LMIA, the position … Read More

Federal Court Affirms New ESDC Internal Part-Time Recruitment Policy

Meurrens LawLabour Market Impact Assessments

In January 2015 the Federal Court released its decision in Frankie’s Burgers Lougheed Inc. v. The Minister of Employment and Social Development Canada, 2015 FC 27 (“Frankie’s Burgers“).  Frankie’s Burgers is one of the first Federal Court decisions involving an employer seeking judicial review of a decision of the Ministry of Economic and Social Development Canada (“ESDC“) … Read More

Service Canada Transition Plans

Meurrens LawLabour Market Impact Assessments

On June 23, 2014, we wrote about how on June 20, 2014, Citizenship and Immigration Canada (“CIC”) and the Ministry of Economic and Social Development Canada (“ESDC”) announced significant reforms to the Temporary Foreign Worker Program (“TFWP”).  One of the changes was: Introduction of Transition Plans for High-Wage Positions Employers seeking to hire High-Wage TFWs … Read More

Service Canada “Refusal to Process” in Certain Economic Regions

Meurrens LawLabour Market Impact Assessments

On June 23, we wrote about how on June 20, 2014, Citizenship and Immigration Canada (“CIC”) and the Ministry of Economic and Social Development Canada (“ESDC”) announced significant reforms to the Temporary Foreign Worker Program (“TFWP”).  One of the changes was: Refusing Low-Skilled Applications in Areas of High Unemployment in Some Occupations ESDC will refuse … Read More

Proposed Changes to Temporary Foreign Worker Program Compliance

Meurrens LawLabour Market Impact Assessments

On September 24, 2014, the Ministry of Economic and Social Development Canada (“ESDC“) posted on its website a discussion paper titled “Regulatory proposals to enhance the Temporary Foreign Worker Program and International Mobility Program compliance framework.”  ESDC appears to recognize that the existing legal authority to ban a non-compliant employer for two years and revoke … Read More

Moratorium on Labour Market Opinions for the Food Services Sector

Meurrens LawLabour Market Impact Assessments

On April 24, 2014, Jason Kenney, the Minister of Employment and Social Development, abruptly announced a moratorium on the Food Services Sector’s ability to participate in the Labour Market Opinion (“LMO”) program. Effective immediately, Service Canada will refuse to process LMO applications from employers in the Food Services Sector.  As well, all current LMOs for employers … Read More

Ministerial Instructions – Revoking, Suspending, and Refusing to Process Work Permits and Labour Market Opinions

Meurrens LawLabour Market Impact Assessments, Work Permits

On December 27, 2013, Citizenship and Immigration Canada (“CIC“) and the Ministry of Economic and Social Development (“Service Canada“) released Ministerial Instructions regarding the revocation of work permits and Labour Market Opinions (“LMOs“), now called Labour Market Impact Assessments (“LMIAs“).  The Ministerial Instructions will allow the Government of Canada to rapidly respond to economic developments … Read More

LMO Q&A: Discrimination to obtain a Labour Market Opinion OPS/BE-003

Meurrens LawLabour Market Impact Assessments, Work Permits

When reviewing internal Service Canada correspondence, I came across this interesting exchange between a Service Canada officer and a Business Expertise Consultant (“BEC”).  The issue involves a Labour Market Opinion application where a daycare employer told a Service Canada officer that she did not hire a qualified Canadian candidate because he was a male.  The … Read More

Service Canada Significantly Changes Labour Market Opinion Program

Meurrens LawLabour Market Impact Assessments, Work Permits

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 … Read More