There are new LMO application procedures effective July 31, 2013.
The main changes that were announced yesterday are as follows:
1. All LMO applications (with the exception of certain seasonal agricultural workers) will require a fee payment of $275 for each position.
2. The only acceptable languages that can be identified as a job requirement are English and French unless employers can demonstrate that another language is essential for the job
3. New advertising requirements for high skilled positions (NOC 0, A or B) require that employers make greater efforts to hire Canadians before hiring foreign workers:
a. The postings must be active for 4 weeks (no longer 14 days) from the day the posting is available to the public
b. Canada Job Bank posting must be active for 4 weeks
c. 2 additional postings consistent with normal practice for the occupation are required for a minimum of 4 weeks—1 of which must be national in scope and the other may be more locally focused.
Examples of additional posting include:
print media such as newspapers, journals, magazines, specialized journals, professional association magazines, newsletters
general employment websites such as monster, workopolis, vault, canadastop100 etc.
specialized websites for specialized occupations (such as accounting, marketing, biotechnology, education, engineering etc).
d. The postings must remain active UNTIL the LMO is issued
4. New application form EMP 5517 now asks questions regarding the impact on the Canadian job market and outsourcing of jobs. In addition to questions on outsourcing, it includes questions relating to the hiring of other foreign workers in LMO exempt categories (such as intra-company transfers, NAFTA Professionals etc.)
We have confirmed with the Service Canada that LMO applications received as of today do require the new form and fee payment. However, the new advertising requirements will be effective for applications submitted starting August 28, 2013. In addition, the postings made in support for the LMO applications between now and August 28 should be re-posted until LMOs are issued.
Dentons is a global firm driven to provide you with the competitive edge in an increasingly complex and interconnected marketplace. We were formed by the March 2013 combination of international law firm Salans LLP, Canadian law firm Fraser Milner Casgrain LLP (FMC) and international law firm SNR Denton.
Dentons is built on the solid foundations of three highly regarded law firms. Each built its outstanding reputation and valued clientele by responding to the local, regional and national needs of a broad spectrum of clients of all sizes – individuals; entrepreneurs; small businesses and start-ups; local, regional and national governments and government agencies; and mid-sized and larger private and public corporations, including international and global entities.
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The Temporary Foreign Worker program was a popular program with employers in Canada. For some employers, it was favoured because it delivered a large number of low cost motivated employees on an expedited basis.