LMO

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

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 announced an immediate moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program. As a result, Employment and Social Development Canada 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.

Employment and Social Development Canada, ESDC, Food Services Sector, Foreign workers, Hiring foreign workers, Immigration Law, Labour Market Opinion, LMO, moratorium, Temporary Foreign Worker Program, TFWP

Use of Kijiji in jobs report highlights its unreliability as a recruitment source

April 9, 2014 Henry J. Chang, Dentons LLP Corporate Immigration, Employee Relations, Human Resources, Recruiting and Hiring

On February 11, 2014, Finance Canada released its 54-page “Jobs Report” alongside the Federal Budget. In that report, the Canadian Government claimed that Canada’s job vacancy rate had been “increasing steadily since 2009.” However, this claim was challenged by economists, who noted that Statistics Canada’s own figures proved it was declining. It was later concluded that the problem related to the Canadian Government’s use of data that included Kijiji job postings. In light of this development, employers that wish to advertise jobs in connection with the filing of a Labour Market Opinion application should avoid the use of free websites such Kijiji or Craigslist.

Advertising, advertising requirement, applications, Craigslist, Employment and Social Development Canada, employment law, ESDC, Finance Canada, Government of Canada, HR Law, Job vacancy, Jobs Report, Kijiji, Labour Market Opinion, LMO, minimum requirements, recruitment, Statistics Canada, unreliability, unreliable, unreliable as a job site

Citizenship and Immigration Canada proposes regulatory changes to the temporary foreign worker program

June 19, 2013 Henry J. Chang, Dentons LLP Corporate Immigration, Employment/Labour Standards, Human Resources, Recruiting and Hiring

In early April 2013, it was reported that 45 Royal Bank of Canada employees would be losing their jobs because the company had outsourced several technology services to a California-based firm that specializes in sending jobs offshore. RBC faced a severe public backlash over the incident and Citizenship and Immigration Canada subsequently published proposed regulatory amendments to the Immigration and Refugee Protection Regulations…

Accelerated Labour Market Opinion, authority to enter or inspect, CIC, Citizenship and Immigration Canada, compliance verification, compliance verification inspection powers, criminal code, erotic dance, erotic massages, escort services, force majeure, HRSDC, Human Resources and Skills Development Canada, human trafficking, Immigration and Refugee Protection Act, Immigration and Refugee Protection Regulations, information-sharing, job creation of Canadian citizens or permanent residents, Labour Market Impact Questionnaire, Labour Market Opinion, live-in caregivers, LMO, offshoring, outsourcing Canadian jobs, sexual exploitation, stripping, Temporary Foreign Worker Program, temporary foreign workers, TFW regulations, TFWP, transfer of skills and knowledge, wage flexibility, work permit, work permit fees, workplace violence

CIC updates Foreign Worker Manual provisions relating to intracompany transferees

July 19, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

Citizenship and Immigration Canada recently updated its Foreign Worker Manual, which provides guidance to CIC and Canada Border Services Agency officers who adjudicate work permit applications. The updated version includes revisions to sections that describe the C12 and NAFTA intracompany transferee exemptions.

C12, Canada Border Services Agency, CIC, Citizenship and Immigration Canada, employment law, Foreign Worker Manual, ICT, intracompany transferee, intracompany transferee exemption, Labour Market Opinion, LMO, NAFTA, United States Citizenship and Immigration Services, United States Customs Border Protection, work permit application

CIC provides guidance on filing work permit extensions without an approved LMO or CAQ

February 16, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

Citizenship and Immigration Canada has been providing guidance to foreign nationals seeking extensions of their work permits through CPC Vegreville, while waiting for an LMO or CAQ to be approved. According to CIC, if a foreign national is ready to submit a work permit application to CPC Vegreville, but is waiting for an LMO or CAQ, the application may still be submitted, but only within two weeks of the expiry date of his or her existing work permit. In addition, proof that the LMO/CAQ request was made must also be included with the application.

CAQ, Certificat d’acceptation du Québec, CIC, Citizenship and Immigration Canada, HRSDC, Human Resources and Skills Development Canada, Immigration Québec, Labour Market Opinion, LMO, work permit

CIC issues operational bulletin on temporary foreign worker program amendments

April 21, 2011 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

On August 4, 2010, the governor-general-in-council published amendments to the Immigration and Refugee Protection Regulations, which were expected to adversely affect many temporary foreign workers; these regulatory amendments became effective on April 1, 2011. On April 1, 2011, Citizenship and Immigration Canada (“CIC”) issued Operational Bulletin 275-C, which provides operational instructions to both CIC and the Canada Border Services Agency in relation to these recent regulatory amendments.

Canada Border Services Agency, Citizenship and Immigration Canada, employment law, Foreign workers, HRSDC, Human Resources and Skills Development Canada, Immigration and Refugee Protection Regulations, Immigration Law, Live-in-caregiver program, LMO, offer of employment, Operational Bulletin 275-C, temporary foreign worker, work permit

Acceptance of work permit extensions filed with proof of pending LMO applications will continue

August 19, 2010 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

I previously reported that Citizenship and Immigration Canada (CIC) had posted a notice on its website stating that it would no longer process work permit extensions filed concurrently with pending Labour Market Opinion applications. In response to concerns raised by the Canadian Bar Association National Citizenship and Immigration Section, CIC has now provided further clarification of this notice.

Citizenship and Immigration Canada, concurrent processing, Foreign workers, Hiring foreign workers, Labour Market Opinion, LMO, work permit, work permit extensions

Canadian government amends temporary foreign worker regulations

August 19, 2010 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

On August 4, 2010, the governor-general-in-council published amendments to the Immigration and Refugee Protection Regulations, which will adversely affect many temporary foreign workers. Although the amendments do not come into force until April 1, 2011, the changes are significant.

Canadian Border Services Agency, foreign worker, Human Resources and Skills Development Canada, Immigration and Refugee Protection Regulat, Labour Market Opinion, live-in caregivers, LMO, temporary foreign work, temporary foreign worker regulations