Labour Market Impact Assessment

Update on express entry

September 11, 2017 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

Since Express Entry began on January 1, 2015, it has been necessary for prospective permanent residents to first receive an Invitation to Apply (“ITA”) before submitting an application for permanent residence under one of the following categories:

Canadian Experience Class, Comprehensive Ranking System, employment law, Express Entry, Federal Skilled Trades, federal skilled worker, foreign national, Foreign workers, Invitations to Apply, Labour Market Impact Assessment, permanent residence, Provincial Nominee Class, provincial nominee program

IRCC announces details of global skills strategy

July 19, 2017 Henry J. Chang, Dentons LLP Announcements and Administration, Corporate Immigration, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, Health and Safety, Human Resources, Payroll, Recruiting and Hiring, Union Relations, Wages and Compensation

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.

employment law, foreign nationals, Global Skills Strategy, Global Talent Stream, health and safety, hiring temporary foreign workers, Labour Market Impact Assessment, LMIA, temporary foreign workers, Unions, work permits, working conditions

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

June 20, 2017 Employer Advisor, McCarthy Tétrault LLP Corporate Immigration, Human Resources, Recruiting and Hiring

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.

employment law, Labour Market Impact Assessment

Three popular articles this week on HRinfodesk

June 15, 2017 Cristina Lavecchia Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation

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.

accommodate disability, constructively dismissed, damages, employment law, Labour Market Impact Assessment, LMIA, termination, workplace accommodation

Update on Express Entry

May 26, 2017 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

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…

Update on Express Entry

April 20, 2017 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

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…

Update on Express Entry

February 15, 2017 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

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

Can NAFTA address your company’s labour shortages

November 14, 2016 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

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.

Employer Compliance Fee, employment law, HR professionals, Labour Market Impact Assessment, labour shortages, NAFTA, NAFTA Professional, North American Free Trade Agreement, offer of employment, work permit

Corporate immigration: Update on Express Entry

October 28, 2016 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

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…

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

April 20, 2016 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

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.

CIC, Citizenship and Immigration Canada, dance, film production, Labour Market Impact Assessment, live theatre, LMIA exemption, opera, orchestra, performing artist, television, work permit

TFW program administrative monetary penalties for employer non-compliance

November 9, 2015 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, International HR Law, Penalties and Fines

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 […]

administrative monetary penalty, AMP, AMPs, Canada, Canadian, CIC, Citizenship and Immigration Canada, employer compliance, Employment and Social Development Canada, employment law, ESDC, foreign national, foreign worker, Immigration Law, Labour Market Impact Assessment, LMIA, Temporary Foreign Worker Program, TFW

Salary increases and temporary foreign workers — are you compliant?

July 9, 2015 Occasional Contributors Corporate Immigration, Employee Relations, HR Policies and Procedures, Human Resources, Payroll, Penalties and Fines, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

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.

changes to salary or terms of employment, employment contract, employment law, Job offer, Labour Market Impact Assessment, LMIA, risk of non-compliance, salary increases, Service Canada, temporary foreign workers, Wages paid, work permit

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

November 12, 2014 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

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).

Alternative Monetary Penalty, AMP, ban, discussion paper, Employment and Social Development Canada, employment law, ESDC, Labour Market Impact Assessment, LMIA, Sanctions, Temporary Foreign Worker Program, TFWP, work permit

Canadian government announces changes to the Temporary Foreign Worker Program

July 16, 2014 Henry J. Chang, Dentons LLP Corporate Immigration, HR Policies and Procedures, Human Resources, International Payroll, Payroll, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

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.

CIC, Citizenship and Immigration Canada, Employment and Social Development Canada, employment law, ESDC, Foreign workers, Labour Market Impact Assessment, Labour Market Opinion, LMIA, LMO, Temporary Foreign Worker Program, temporary foreign workers, work permit