The Ministry of Employment and Social Development (“ESDC”) has announced that there will be several changes to the Temporary Foreign Worker Program (“TFWP”) that will take effect on April 30, 2015. The changes are: Implementation of new High and Low-wage Streams Updating the Provincial / Territorial Median Hourly Wages Increasing Worker Protections Modifying the Method for Calculating the Cap on Low Wage Positions Implementing the Labour Market Impact Assessment (“LMIA”) system fully in Quebec Updating Regions of Refusal to Process

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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”).  The changes will affect all employers of Temporary Foreign Workers (“TFWs”) in Canada.  Many of the changes take effect immediately, with the remainder being phased in over the next year in a half. The reforms are comprehensive, and include the following: Labour Market Impact Assessment Program New Labour Market Information Assessment (“LMIA”) Replaces the Labour Market Opinion (“LMO”) LMIA Application Fee of $1,000 […]

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Labour Market Impact Assessments- Prevailing Wage

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 currently have no discretion to vary it.

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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 by immediately reducing the intake of foreign workers, will increase program integrity, and create uncertainty for Canadian businesses. These are the first Ministerial Instructions to be issued by Service Canada since the Government of Canada amended […]

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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 […]

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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 […]

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My decision to publish e-mail exchanges between immigration representatives and Citizenship and Immigration Canada which I received through Access to Information Act requests has been met very favourably by blog readers. I am now expanding this to internal correspondence between Temporary Foreign Worker Program officers at Service Canada and Business Expertise Consultants. The following is an exchange between a Service Canada officer and a Business Expertise Consultant regarding who can be the employer contact in a LMO application.  My thoughts on the exchange are at the bottom of the reproduction. Please note that […]

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The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada (“CIC”) regarding International Experience Canada (the “IEC”).  The IEC, more commonly known as the Working Holiday Program (which is actually a program within the IEC), allows young people from several dozen countries to work in Canada on open work permits.  As with any program, questions emerged regarding specific requirements, including whether IEC work permits can be extended. Please note that what I have reproduced below should not be viewed as legal advice.  I obtained a copy […]

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On July 15, 2013, Prime Minister Stephen Harper shuffled his cabinet.  From an immigration perspective, the important changes are: Steven Blaney replaces a retiring Vic Toews as the Minister of Public Safety and Emergency Preparedness. Chris Alexander replaces Jason Kenney as the Minister of Citizenship and Immigration. Jason Kenney replaces Diane Finley as the Minister of Employment and Social Development (formerly Human Resources and Skills Development Canada). The Ministry of Employment and Social Development is a huge ministry, responsible for developing, managing, and delivering social programs and services.  In addition to overseeing the Labour […]

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The document below is a Service Canada internal bulletin (the “Bulletin“). The Bulletin provides guidance to Service Canada officers regarding the processing of Labour Market Opinions from large scale franchisees seeking NOC C & D positions.  It was written in 2009, and although much of the requirements contained within now apply to all employers, however, the Bulletin does provide useful information for applicants trying to fill any NOC C&D position. The Bulletin states that in addition to the normal LMO requirements for employers seeking to fill NOC C&D positions, the following requirements apply […]

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