Further to Immigration Canada's recent drastic changes to
the Intra-Company Transferee program, Employment and Social
Development Canada (ESDC) has announced further sweeping changes to
its Temporary Foreign Worker Program (TFWP).
ESDC's primary role is the determination of the availability
of Canadian workers before allowing a company to 'sponsor'
a foreign worker. This process, previously known as a Labour Market
Opinion (LMO), will now be called a Labour Market Impact Assessment
Effective immediately, the following new criteria and procedures
for LMIA determination will apply:
The primary test for criteria for assessing labour market
conditions will be wage in each province or territory. (Previously,
the primary criteria was the determination of the job's
National Occupational Classification (NOC) category.)
Occupations with salaries below the median provincial wage will
be considered 'low wage'; those at or above the median wage
will be considered 'high-wage'. Note that this is different
from the requirement to pay prevailing wage for a particular
occupation, which is still applicable.
In the following cases, ESDC promises a 10-business day service
The highest demand occupations,
The highest-paid occupations (top 10%), and
Short-duration work periods (120 days or less).
LMIA approvals will allow for a maximum 1 year work permit
Enforcement measures will be enhanced.
1 in 4 employers can now expect to be inspected each year.
Fines will be increased to a new maximum of $100,000 depending
on the offence.
Fees will increase from $275 to $1000 per position
Employers seeking to hire high-wage foreign workers will be
required to submit a transition plan showing how they will increase
efforts to hire Canadians, including the use of higher wages,
investments in training, and more active recruitment efforts.
Web-based application will now be allowed in the high-wage
Some other specific considerations within the program
vis-ŕ-vis low-wage occupations are:
Where an employer has 10 or more employees (but subject to some
exceptions and a transition period), not more than 10% of its
workforce, by total hours worked per work site, can consist of
low-wage temporary foreign workers.
LMIA applications for occupations with little or no education
required, in the Accommodation, Food Service and Retail Trade
sectors will be refused in areas where unemployment rates are at or
The literally overnight implementation of these new measures
means that much greater analysis and consideration is still
required. Though most of the issues addressed above seem to make
the system more difficult in terms of seeking necessary approval,
there are some possible silver linings as well, and the matter must
be looked at in its totality. General governmental information
about the changes can be found at
The information in this article is for general purposes
only, and not intended as legal advice for any particular
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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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