We published a
bulletin in early May when the federal government announced the
first in a series of legislative, regulatory and administrative
changes to the Temporary Foreign Worker Program (TFWP)
"ensuring Canadians have first chance at available
jobs". Step 2 has now followed.
On July 31, 2013, the government announced further changes that
will have an immediate impact on the hiring of foreign workers.
The four major changes are as follows:
Fee For Labour Market Opinion (LMO)
An employer applying
for an LMO must now pay a non-refundable processing fee of $275 for
each foreign worker requested in an LMO application. Service Canada
will not assess an LMO application until the fee has been paid in
The advertising period has been
increased from two weeks to four weeks.
In addition to advertising on the
National Job Bank or provincial equivalent, employers must use at
least two other methods of recruitment that are consistent with the
general advertising practices for the position.
If hiring for a higher-skilled
occupation, one of the recruitment methods must be national in
scope. The Job Bank is not considered to be national in scope.
If hiring for a lower-skilled
occupation, the employer must demonstrate that it has made efforts
to target under-represented groups in the labour force, such as
aboriginal youth, persons with disabilities and new immigrants.
The employer must continue to actively
seek a Canadian for the position until an LMO is actually
English and French are the only two
languages that can be identified as a job requirement in LMO
applications and in job advertisements, unless the employer can
demonstrate that another language is essential for the position;
for example, a company in the business of translating
Questions re: Effect on the Canadian Job
LMO application forms will now include
questions surrounding the effect that hiring a temporary foreign
worker will have on Canada's job market. These questions have
been added to ensure that the TFWP is not used to facilitate the
outsourcing of Canadian jobs.
The lengthy advertising requirement will put significant
pressure on Canadian employers. Coupled with the current and likely
to get longer assessment periods for LMOs, this means that many new
hires will not be able to begin work in Canada for at least four
months. There are some limited exemptions from the advertising
Many of these reforms are a direct result of the uproar
surrounding the outsourcing of jobs overseas by some larger
Canadian employers earlier this year. The outcry was caused by
Service Canada's approval of many LMOs to enable foreign
nationals to enter Canada to be trained by the Canadians whose jobs
they would be taking overseas. Now a refusal to issue an LMO will
result if hiring a foreign worker will have a negative impact on
the Canadian labour market or if an employer has not complied with
The foregoing provides only an overview. Readers are
cautioned against making any decisions based on this material
alone. Rather, a qualified lawyer should be consulted.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
October 19th, 2016 - Immigration authorities conducted the 22nd round of invitations under Express Entry in 2016 and 45th overall, inviting 1804 applicants for permanent residence, the largest number ever. The lowest CRS score was 475, a decline from the previous draw.
September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
A unique feature of the new Canada express entry immigration system is that candidates can improve their comprehensive ranking score while in the express entry pool, without submitting a new application. We review important strategies.
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