April 28, 2014 – In a statement issued Thursday, April 24,
the Minister of Citizenship and Immigration announced an immediate
moratorium on the food services sector's access to the
Temporary Foreign Worker Program. The move comes after weeks
of scrutiny and media coverage, including allegations that some
companies were displacing Canadian employees in order to make room
for foreign workers brought in under the program.
The announcement means that no new Labour Market Opinions (LMOs)
will be issued for the food services industry, and that all pending
LMO applications are on hold. In addition, all previously
approved LMOs for jobs that have yet to be filled will be
suspended. No new work permits will be issued in connection
with outstanding positive LMOs in the food services industry. LMOs
are a procedural step in an approval process that requires an
employer to demonstrate that a critical labour shortage exists,
necessitating the hiring of foreign workers.
The moratorium includes all food services sector establishments,
including caterers, mobile food vendors, bars and restaurants. In
our opinion, hotel restaurants are not covered by the
moratorium provided the food service is run by the hotel directly.
However, any leased premise within a hotel providing food
services and operated by a third party are covered by the
moratorium. The moratorium also extends to include restaurant
cleaning staff, security, supervisors and managers.
If you are an employer who hires Temporary Foreign
Immediately assess your practices against the program
requirements to ensure full compliance with the terms of any issued
LMO. In addition to announcing a moratorium on access to the
program for the food services sector, the Minister also noted that
non-compliant employers may be publicly named on a government run
blacklist. Further, employers found to have made
misrepresentations about their efforts to hire Canadians during the
LMO approval process face criminal fines and possible jail
Ongoing news coverage also highlights the very real public
relations risks of program non-compliance, which can include
unwanted media attention, consumer boycotts and possible
If you are a Temporary Foreign Worker
Temporary Foreign Workers currently in Canada should begin
assessing their options for permanent residence. The
Temporary Foreign Worker program has been the subject of much
scrutiny and despite the recent announcement of a moratorium, there
continue to be calls to terminate the program. While a full
suspension of the program remains, in our opinion, a remote
possibility, there have been and will likely continue to be,
increased restrictions on the program including limitations on
permit renewals or an expansion of the industries affected by the
moratorium. Workers who are eligible for permanent residence
should consider taking the necessary steps to transition their
status in order to remain in Canada.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
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.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).