ESDC announces moratorium on LMO applications related to the food services sector

May 14, 2014 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

On April 24, 2014, Canada’s Minister of Employment and Social Development, Jason Kenney, announced an immediate moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program (“TFWP”). As a result, Employment and Social Development Canada (“ESDC”) will no longer process any new or pending Labour Market Opinion (“LMO”) applications related to the Food Services Sector. In addition, any unfilled positions tied to a previously approved LMO will be suspended.

In other words, LMOs will not be processed for occupations classified by the North American Industrial Classification System (“NAICS 2002”) in Food Services and Drinking Places (NAICS subsector 722). Specifically, certain occupations related to sales and service and sales and service management as set out in the National Occupational Classification (“NOC 2006”) will not be processed.

The list of Sales and Services Occupations (Skill type 6 based on NOC-2006) affected under the Food Services Sector appears below:

• 6641 Food Counter Attendants, Kitchen Helpers and Related Occupations
• 0631 Restaurant and Food Service Managers
• 6212 Food Service Supervisors
• 6453 Food and Beverage Servers
• 6611 Cashiers
• 6241 Chefs
• 6242 Cooks
• 6252 Bakers
• 0611 Sales, Marketing and Advertising Managers
• 0621 Retail Trade Manager
• 0632 Accommodation Service Managers
• 0651 Other Services Managers
• 6211 Retail Trade Supervisors
• 6213 Executive Housekeepers
• 6214 Dry Cleaning and Laundry Supervisors
• 6215 Cleaning Supervisors
• 6216 Other Service Supervisors
• 6221 Technical Sales Specialists – Wholesale Trade
• 6251 Butchers, Meat Cutters and Fishmongers – Retail and Wholesale
• 6411 Sales Representatives – Wholesale Trade (Non-Technical)
• 6421 Retail Salespersons and Sales Clerks
• 6451 Maîtres d’hôtel and Hosts/Hostesses
• 6452 Bartenders
• 6484 Other Personal Service Occupations
• 6622 Grocery Clerks and Store Shelf Stockers
• 6623 Other Elemental Sales Occupations
• 6651 Security Guards and Related Occupations
• 6661 Light Duty Cleaners
• 6662 Specialized Cleaners
• 6663 Janitors, Caretakers and Building Superintendents
• 6681 Dry Cleaning and Laundry Occupations
• 6682 Ironing, Pressing and Finishing Occupations
• 6683 Other Elemental Service Occupations

The above moratorium will remain in effect until the completion of an on-going review of the TFWP.

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Henry J. Chang, Dentons LLP

Corporate immigration lawyer at Dentons LLP

Henry J. Chang is a partner in the firm’s Employment and Labor Group. He currently practices in the areas of Canadian and United States business immigration law, international business law, and cannabis law. Read more

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