LMO Q&A: Employer Doesn’t Have Business License OPS/BE-004

12th Dec 2013 Comments Off on LMO Q&A: Employer Doesn’t Have Business License OPS/BE-004

During a consultation last month, a foreign worker and an employer told me that the employer was interested in obtaining a Labour Market Opinion to continue employing the foreign worker.  The employer, however, did not have a business license, and for various reasons refused to obtain one.  The employer wanted to know whether Service Canada would still approve his Labour Market Opinion.  While I did not know the answer off the top of my head, I luckily had a copy of the internal TFWP OPS/BE QUESTIONS AND ANSWERS document that I have slowly been uploading to this blog.

Please note that what I have reproduced below should not be viewed as legal advice.  I obtained a copy of this internal Service Canada question and answer through an Access to Information Act request (the “ATI”).  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.  (I have decided not to reproduce the names of the Service Canada officers involved.) Please e-mail me if you want a copy of the original question and answer contained in the ATI.

BACKGROUND:

The above named employer submitted a Labour Market Opinion application December 21, 201[2], seeking a “Licensed Practical Nurse”. The ER has advised that the senior living facility is set to open June 17, 2013 and have residences move in by July. The ER stated that the centre has been delayed in opening due to a construction fire; consequently the City of Regina will not issue a business license.

QUESTION/ISSUE:

Given that the ER is currently unable to obtain a business license through the City of Regina (a license that has been determined to be required by the city), is the assessing officer required to request one of the following documents in lieu of the license:

  • Business lease
  • T4 Summary
  • T2 Schedule 100 &

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

5th Dec 2013 Comments Off on LMO Q&A: Discrimination to obtain a Labour Market Opinion OPS/BE-003

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 BEC said that a Labour Market Opinion could not be issued because such gender discrimination was contrary to the BC Human Rights Code 

Please note that what I have reproduced below should not be viewed as legal advice.  I obtained a copy of this internal Service Canada question and answer through an Access to Information Act request (the “ATI”).  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.  (I have decided not to reproduce the names of the Service Canada officers involved.) Please e-mail me if you want a copy of the original question and answer contained in the ATI.

BACKGROUND:

Daycare facility with 2 female employees and 10 children. When asked results of recruitement, ER stated she interviewed 6 candidates. Most wanted part time positions, one did not pass interview, one came in 30m late for interview, one was male and ER said she does not feel comfortable hiring male employees. She prefers having female workers and believes female children would feel more comfortable having female caretakers; especially in incidences where they need help with going to the bathroom.

QUESTION/ISSUE:

The employer has indicated she is uncomfortable to hire male employees for the position.

Is it appropriate to exclude men?

Can an employer discriminate based on gender?

If she had a qualified male to do the job,

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