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British Columbia Employer Advisor Keeping Employers Posted on Developments in Labour and Employment Law

Category Archives: Temporary Foreign Worker Program

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Owner/Operator Labour Market Impact Assessment and its importance for Permanent Residence applications in 2017

Posted in Human Capital, Immigration, Legislative Requirements, Temporary Foreign Worker Program

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 … Continue Reading

Temporary Foreign Workers: New Fees and Regulatory Changes

Posted in Human Capital, Immigration, Legislative Changes, Temporary Foreign Worker Program

We previously posted on the public outcry over and the federal government’s commitment to revising the Temporary Foreign Worker Program (“TFWP”) here and here .

New fees and regulatory changes for the TFWP are set to take effect on February 21, 2015. Our colleagues in Montréal have published a helpful article to help employers understand how these new fees and regulatory changes may impact their engagement with the TFWP. The full text of the article can be read here.

In light of the scrutiny the TFWP has been experiencing of late, this may not be the last set of changes … Continue Reading

How Not To Fill A Labour Shortage

New Challenges for Employers under the Temporary Foreign Worker Program

Posted in Discrimination, Human Capital, Immigration, Recruiting, Temporary Foreign Worker Program

Since we last posted about the Temporary Foreign Worker Program (“TWFP”) here and here, the federal government has, in the face of political pressure, introduced significant changes to the program. Employers now face greater challenges and cost in addressing labour shortages through the use of temporary foreign workers (“TFWs”).

First, employers are now subject to a cap on the proportion of their workforce which can be filled by low wage TFWs. A “low wage” job is any job which pays below the provincial or territorial median wage. Employers with ten or more employees can employ only 10% of their … Continue Reading

Temporary Foreign Worker Program Under Fire

Posted in Immigration, Temporary Foreign Worker Program

It is no secret that the Temporary Foreign Worker Program (TFWP) is under attack.  Personally, it is a concern that the government has suspended a significant part of the TFWP based on allegations that a small number businesses have allegedly abused the TFWP (at this point, the claims remain allegations, although it seems likely that some abusers will be exposed).  Why do the legitimate businesses – by far the majority – have to suffer the same fate as the alleged abusers?  Would the government suspend a significant part of the EI program if it received allegations of EI fraud?  If, … Continue Reading

Federal Government Promises Major Changes to Temporary Foreign Worker Program

Posted in Human Capital, Immigration, Recruiting, Temporary Foreign Worker Program

Canadian employers have been promised a more streamlined, effective and engaging process for hiring skilled foreign workers.  Following an initial announcement in October of last year, the Government of Canada recently issued a news release providing further details on its new system for qualified economic immigrants, called “Express Entry”, which is set to launch in January 2015.  The new system is portrayed as a “game changer” for Canadian employers seeking skilled workers from other countries.

Canada’s Minister for Citizenship and Immigration (“CIC”), Chris Alexander, touted the following benefits of the new system:

 

  • greater flexibility and responsiveness to regional labour
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