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Labour Market Impact Assessment

IRCC announces details of global skills strategy

On June 12, 2017, Immigration, Refugees and Citizenship Canada (IRCC) announced details of its Global Skills Strategy. First announced in November 2016, the Global Skills Strategy is intended to help promote global investment in Canada and support the Government of Canada’s Innovation and Skills Plan.

 

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Owner/operator Labour Market Impact Assessment and its importance for permanent residence applications in 2017

Any Canadian employer wishing to employ a temporary foreign worker (“TFW”) in Canada must first obtain authorization from the government, which is typically obtained by proving that the hiring of a TFW will not negatively impact the Canadian labour market. In most cases, the Canadian employer must apply to Employment and Social Development Canada, also known as Service Canada, for approval of the Labour Market Impact Assessment (“LMIA”), previously called a Labour Market Opinion or LMO. A LMIA is a very detailed application process that is subject to a high level of review, and must be completed without error.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Court of Appeal upholds award to constructively dismissed McDonald’s manager; Employer proves it accommodated employee’s disability to the point of undue hardship; and Employer’s LMIA application denied due to lack of “genuineness” of job offer.

 

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Update on Express Entry

As of May 17, 2017, IRCC had issued a total of 62 rounds of ITAs under Express Entry. A summary of these rounds are as follows…

 

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Update on Express Entry

As of April 12, 2017, Immigration, Refugees and Citizenship Canada had issued a total of 59 rounds of Invitation to Apply under Express Entry. A summary of these rounds are as follows…

 

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Update on Express Entry

As of January 25, 2017, Immigration, Refugees and Citizenship Canada had issued a total of 53 rounds of Invitations to Apply under Express Entry.

 

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Can NAFTA address your company’s labour shortages

Many Canadian companies face ongoing labour shortages in a variety of positions. The frustration of their recruiters and HR professionals is palpable, for despite offering above average wages, group benefits and other perquisites of employment, finding quality personnel to fill vacancies is harder than ever for some professions. One possible solution is often overlooked.

 

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Corporate immigration: Update on Express Entry

Since Express Entry began on January 1, 2015, Immigration, Refugees and Citizenship Canada has issued several rounds of Invitations to Apply (“ITAs”). An ITA allows a foreign national to submit their application for permanent residence under one of the following categories…

 

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CIC establishes LMIA exemptions for television and film production workers and performing artists

Citizenship and Immigration Canada (“CIC”) has announced two new categories of work permits exempt from the Labour Market Impact Assessment requirement, pursuant to Section 205 of the Immigration and Refugee Protection Regulations. These work permits apply to: (1) foreign nationals whose work is essential to a television or film production and would create and maintain significant economic benefits and opportunities for Canadians and permanent residents; and (2) foreign nationals working in dance (i.e. ballet, contemporary), opera, orchestra, and live theatre, whose work contributes to competitive advantages and reciprocal benefits for all Canadians. CIC has also clarified its business visitor guidance to confirm that foreign nationals who are employed as film producers, essential personnel for commercial (i.e. advertising) shoots, and film and recording studio users may now seek admission under the business visitor category.

 

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TFW program administrative monetary penalties for employer non-compliance

Background As was previously mentioned, Jason Kenney, Minister of Employment and Social Development, and Chris Alexander, Minister of Citizenship and Immigration, announced changes to Canada’s Temporary Foreign Worker (“TFW”) program on June 20, 2014.  Among these changes was a proposal to impose fines of up to $100,000 on employers who violated the TFW program.  The […]

 

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Salary increases and temporary foreign workers — are you compliant?

There have been many changes to the Temporary Foreign Worker Program (TFWP) over the last year, with an emphasis on employer compliance, including respect of actual salaries paid.

 

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ESDC considers administrative monetary penalties and longer bans on employers who violate the TFWP

At the end of September 2014, ESDC published a discussion paper, which proposed to implement an Administrative Monetary Penalty system for violations of the TFWP; penalties of up to $100,000.00 could be imposed under this new system. It also proposed to increase the maximum ban for employers who violate the TFWP from two years to ten years (a permanent ban was also being considered).

 

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Canadian government announces changes to the Temporary Foreign Worker Program

On June 20, 2014, the Jason Kenney, Minister of Employment and Social Development, and Chris Alexander, Minister of Citizenship and Immigration, announced significant changes to Canada’s Temporary Foreign Worker Program. Under the new structure, the Labour Market Opinion will now be replaced by the Labour Market Impact Assessment (“LMIA”). LMIA-exempt foreign workers will become part of the newly-named International Mobility Program. The Temporary Foreign Worker Program will include only workers who require an LMIA.

 

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