Canada: Employment And Social Development Canada Minister Jason Kenny Announces Moratorium On The Food Service’s Sector’s Access To The Temporary Foreign Worker Program

Due to recent media coverage of allegations that certain fast food restaurants have been misusing the Temporary Foreign Worker Program, on April 24, 2014, Minister Jason Kenny announced an immediate moratorium on the Food Services Sector's access to the program.  Therefore, Employment and Social Development Canada (ESDC) will not process any new or pending LMO applications related to the Food Services Sector.  Any unfilled positions related to a previously approved LMO will be suspended. This moratorium will remain in effect until the Temporary Foreign Worker Program has been reviewed.

Minister Kenny further announced that abuse of the Temporary Foreign Worker Program will not be tolerated and allegations against employers will continue to be investigated and any employer found to have violated the rules of the program will face serious consequences.   

Effective April 24, 2014, ESDC will no longer process LMOs for occupations in the Food Services Sector. Additionally, LMOs will not be processed for occupations classified by the 2002 North American Industrial Classification System (NAICS 2002) in Food Services and Drinking Places (NAICS subsector 722). Certain occupations related to sales and service and sales and service management as set out in the National Occupational Classification (NOC 2006) will be affected.  Employers that have submitted applications and paid the processing fee, but have not yet received an LMO, will be refunded the full processing fee. Unfilled positions on approved LMOs that have been issued to employers for these sectors will be suspended and accordingly, these LMOs can no longer be used to obtain a work permit.

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