Easing the legal admission of professionals, business persons, and skilled workers

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Regulatory Change and Ministerial Instructions

The advent of 2014 sees new Regulations enacted by the Minister of Employment and Social Development Canada (ESDC). These new rules are a continuation of the trend seen in 2013 following controversy in the Temporary Foreign Worker Program unearthed last April. The goal of the efforts is to strengthen the program, ensure that the admission of a foreign worker is not harmful to the labour market, and prevent fraud or abuse.

Some of the new rules are as follows:

– Provision of updated application forms that must be used in any present submission.

– ESDC will not have the power to issue a Labour Market Opinion Confirmation to any employer offering sex related services. This expands on earlier policies of a similar nature enacted by Citizenship and Immigration Canada but now means that an employer of this nature could not seek an approval for another occupation and then potentially employ the foreign worker in a prohibited occupation.

– Requiring that employers retain documentation pertaining to an application for a period of six years from the date of the issuance of a work permit and retaining the capacity to demonstrate that facts contributing to the decision were true; this includes making ongoing efforts to hire and train Canadians if this was a component of the application.

– Make reasonable efforts to provide a workplace that is free of abuse, which actually scales back earlier plans to prohibit the issuance of Confirmations to employers with a criminal record.

– Permitting employer compliance reviews and inspections for a period of six years from the date of the issuance of the work permit. The provision for inspection elaborates on the earlier provisions for Compliance Review that were carried out in the context of new applications. Such an inspection can be carried out without the submission of a new application. It is expected, however, that such random inspections would only occur in the cases of employers who have demonstrated a past history of non-compliance.

– Giving the Minister of ESDC the capacity to issue Ministerial Instructions which may result in the suspension or revocation of existing LMO Confirmations, or the ability to refuse to process an application, on the basis of public policy. Such instructions, which would be published prior to enactment, could potentially be in reference to sectors, regions, or occupations designated by the Minister.

Date Posted: January 06, 2014 Posted In: Labour Market Opinion,Temporary Work Permits

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