On September 30 2018, the governments of Canada, the USA, and Mexico announced agreement in principle on the provisions of the United States–Mexico–Canada Agreement, or USMCA. While the USMCA is not yet implemented and the provisions of NAFTA currently remain in place, the expectation is that USMCA will replace NAFTA once the agreement is signed by the three nations and once it is ratified by the three governments involved. There therefore remains the possibility that the USMCA is further revised or is not implemented at all.
As it stands, the immigration provisions included in NAFTA have been...
Work permit applicants who have resided in designated countries are required to undergo immigration medical examinations (IME) when seeking admission for greater than six months or in cases in which the work is in direct contact with the Canadian public (e.g., teachers, nurses, etc.). The government of Canada has recently revised the list of designated countries.
Those residing in the following countries within the 12 months prior to a work permit application are no longer IME exempt:
- Timor-Leste (previously not listed as a separate country)
The following countri...
The Government of Canada has implemented new cross-border employment provisions under the Canada-European Union Comprehensive Economic and Trade Agreement, or CETA. Under CETA, new provisions for work in Canada are enacted for the following categories:
1. Business Visitors;
2. Business Visitors for Investment Purposes;
4. Independent Professionals;
5. Contractual Service Providers;
6. Intra-Corporate Transferees;
7. Spouses of Intra-Corporate Transferees.
Business Visitors and Business Visitors for Investment Purposes
Although CETA defines new categories of Business Visitors, c...
Employment and Social Development Canada has announced a number of changes the requirements for Labour Market Impact Assessment (LMIA) applications submitted on or after August 28th, 2017. As Such recruiting efforts must generally run for four weeks, any new recruiting effort should consider these requirements.
The changes are as follows:
1. Mandatory Use of National Job Bank: Provinces such as BC, Saskatchewan, and Quebec have provincial employment portals. In the past, LMIAs based on positions in these provinces were required to used these provincial Job Banks instead of the national one. Th...
The Government of Canada has announced the details of the newly implemented Global Skills Strategy (GSS). The GSS is an effort involving two departments that work separately on the admission of foreign nationals to work in Canada, Immigration Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC). IRCC is offering work permit exemptions to certain classes of short term work in Canada and two-week (10 business day) processing of certain classes of work permit applications through a Dedicated Service Channel; ESDC is offering a new stream of application in the...
The Government of Canada has announced changes to the regional (province or territory) median wages that will be used to determine application classifications as of April 29 2017. Work in Canada at or above the median wage are subject to applications through the High-Wage Stream, whereas occupations below that figure are subject to the Low-Wage Stream and therefore caps on the number of allowable foreign workers.
On average, there is an increase of 31 cents per hour across the country. The specific breakdown of increase/decrease and the median wage as of April 29 are stated below:
The Government of Canada has announced that it anticipates launching its Global Skills Strategy program to facilitate the admission of high-skill foreign workers on June 12 2017. The program, which targets quickly-growing Canadian companies in need of global talent to accelerate progress and investment, and for foreign companies making significant financial investment into Canada, relocating operations to Canada, or developing production facilities in Canada.
For companies that are eligible, the program will establish a dedicated processing channel to decrease work permit and/or visa processin...
Immigration Refugees and Citizenship Canada has published clarification concerning admissibility and work permit issuance for fishing guides on border lakes between Canada and the USA. Such guides do not fall under the NAFTA Treaty, but are instead categorized under provisions allowing for the creation and maintenance of reciprocal employment opportunities for Canadians.
Based on the assumption that Canadian fishing guides working on border lakes are allowed similar facilitation, Canada allows for the issuance of seasonal work permits to US fishing guides working on border lakes (i.e., lakes t...
Employment and Social Development Canada (ESDC) has modified the advertising requirements needed to demonstrate a satisfactory recruiting effort for Labour Market Impact Assessment (LMIA) applications. Newly added requirements are the inclusion of the language needed to do the work and the inclusion of incremental raises, performance pay or bonuses in the wages offered for the position.
The 2014 overhaul of the Temporary Foreign Worker Program made the use of languages other than English or French (i.e., the official languages of Canada) more restrictive. Those changes demanded a detailed rati...
The Government of Canada has today announced that the four year cumulative duration limitation to certain classes of work permit has been eliminated. These provisions of cumulative duration would previously preclude the extension of most NOC B, C, and D (those occupations other than Senior Management and Professionals) to a maximum total stay of four years in Canada with a work permit, after which the individual would have to be absent for a period of 48 months before being able to receive a work permit once more.
The removal of this limitation means that any occupation is now eligible for ong...