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Changes to Temporary Foreign Worker Program

As earlier announced, Employment and Social Development Canada (ESDC; formerly Human Resources and Social Development Canada) has implemented changes to the Temporary Foreign Worker Program, and specifically, the Labour Market Opinion (LMO) application process and requirements. These changes are as follows:

1. There is now a processing fee associated with the submission of an LMO application. This is $275 per position sought. The intent of the fee is to offset the cost of rendering a decision on an application. There are some exemptions to the new fee requirement for certain low-skill on-farm agriculture occupations.

2. A limitation of the language requirements of a position to English and/or French, unless the employer can demonstrate that another language is critical to the employee’s capacity to perform the job.

3. More extensive Canadian recruiting and advertising requirements in order to demonstrate a shortage of Canadians (if applicable). For many occupations, for example, this has been extended from a minimum of single advertising method for 2 weeks to a minimum of 3 advertising methods (including a national government-operated job-bank or provincial equivalent, and at least one additional national advertising method) for 4 weeks. Records of recruiting should be kept for at least 6 years.

4. New questions in the application form governing the impact on the labour market related to the outsourcing of Canadian jobs.

Date Posted: August 01, 2013 Posted In: Labour Market Opinion

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