Ever since the 'Royal Bank Scandal' in 2013, the
Canadian immigration system continues to implement further
guidelines, restrictions, requirements and constraints for
employers hiring and employing foreign workers. Many of the changes
are with regard to 'Labour Market Impact Assessments'
(LMIAs, formerly LMOs), under the jurisdiction of Employment and
Social Development Canada (ESDC), but they all ultimately impact
the ability to recruit and retain foreign workers.
Previous Changes to the System
Among other measures implemented to date, the test for
recruitment requirements has been tightened, and the tests have
been altered (from an occupational level division, to a wage based
division); application fees have been raised from $275 per position
to $1000 per position; caps have been placed on the number of
foreign workers that can be brought to Canada in certain
categories; foreign employers are restricted from hiring certain
foreign workers in areas where the unemployment rate is six percent
(6%) or higher; and the list goes on.
What's Changing Now
With the volume of changes brought about (not to mention the
numerous changes made previously in 2013 and 2014), it seemed that
at least the dust was finally settling when the latest round of
changes were announced in June 2014. Apparently, there's still
plenty of dust.
The government announced last week that it was considering yet
further measures. Though these are still not finalized, the
following are just some of the upcoming changes that employers can
expect to face soon in their desire to hire and retain foreign
Bans on employers for non-compliance, currently fixed at 2
years across the board, will now be varied and could range from 1
year to 10 years.
Monetary penalties will now be imposed on violations. The
monetary penalties will vary based on various factors including the
nature of the violation, the severity, and the size of the
employer. Penalties can range up to $100,000 per
Any violation of conditions under the program
could lead to a ban or monetary penalty. Beyond items like meeting
wages and working conditions approved, these would now include:
A determination with regard to the genuineness of the job
Deficiencies in reporting and document retention, and
A determination of non-cooperativeness during inspections.
Among other concerns in this regard, the degree of subjectivity,
and therefore the government's discretion, in such
determinations plays a much greater role, notwithstanding a
proposed review process which is to be made available.
Corrective action for 'good faith' errors, previously
allowed, may no longer excuse the imposition of one of the
permitted sanctions (bans and/or monetary penalties)
What Employers Need to Know and Do
Expect these proposals to be implemented, and implemented soon.
The government is accepting submissions until only October 16,
after which the proposals will be implemented, with or without any
modification. Employers who wish to make submissions to the
government before the deadline are encouraged to do so, but in any
event, employers should make themselves aware of the full gambit of
requirements under the proposed scheme, and commence action
forthwith to ensure that they are both in current compliance, and
that they have systems in place to ensure ongoing compliance.
The information in this article is for general purposes only,
and not intended as legal advice for any particular situation.
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.
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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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