Any Canadian employer wishing to employ a temporary foreign
worker ("TFW") in Canada must first
obtain authorization from the government, which is typically
obtained by proving that the hiring of a TFW will not negatively
impact the Canadian labour market. In most cases, the Canadian
employer must apply to Employment and Social Development Canada,
also known as Service Canada, for approval of the Labour Market
Impact Assessment ("LMIA"), previously
called a Labour Market Opinion or LMO. A LMIA is a very detailed
application process that is subject to a high level of review, and
must be completed without error.
Most LMIA applications require the employer to advertise the
role to Canadian workers. However, certain LMIA applications are
exempt from the advertising requirements. One example is the
Owner/Operator LMIA. This category is for foreign nationals who
wish to establish or purchase a business in Canada, and want to
work in that business in a high-skilled position, often with the
aim of immigrating permanently. To qualify as an owner/operator, a
foreign national must:
demonstrate a level of controlling
interest in the business, i.e. a sole or majority shareholder;
demonstrate that his or her temporary
entry to Canada will result in the creation or retention of
employment opportunities for Canadians and permanent residents
and/or skills transfer to Canadians and/or permanent residents;
not be in a position to be dismissed,
i.e. is not in an employment position where her or she is
answerable to someone more senior.
For Owner/Operator LMIAs, no advertising or recruitment is
required. The key requirement is that the foreign national owns a
business in Canada in which he or she owns a controlling interest
of more than 50%. Other requirements include:
a business plan that shows how the
owner/operator will fund the business and create or maintain
employment, and contains at least a rudimentary financial plan and
timeline of events;
active management of the business
(i.e. it cannot be a passive investment) in a position that accords
with the foreign national's qualifications and experience with
a wage equal to or greater than the median wage requirements for
the position; and
and employing at least one Canadian
or permanent resident (ideally in the first year as described in
the business plan).
This option is available anywhere in Canada.
Once an owner/operator receives a positive LMIA, he or she can
obtain a work permit from Immigration, Refugees and Citizenship
Canada equal to the validity of the LMIA (usually up to 2 years).
Once a work permit is obtained, the owner/operator will, in most
cases, be in a position to apply for permanent residence through
the Express Entry program.
It is worth noting that the Express Entry Comprehensive Ranking
System ("CRS") has been modified and
since November 19, 2016, CRS points awarded for job offers
(including those based on Owner/Operator LMIAs) have been reduced
from 600 points to either 200 points for senior managerial
positions, or to 50 points. This means that an Owner/Operator
LMIA-based work permit does not automatically guarantee an
Invitation To Apply (ITA) for Permanent Residence, as it inevitably
did prior to November, 2016 (although the points will still bolster
the applicant's Express Entry application). It also means that
Owner/Operator LMIAs for senior management positions generate a
substantially better chance for that person to permanently
immigrate to Canada under the Federal Skilled Worker Program.
The arbitrator's decision covered a number of issues including whether the termination was appropriate and whether the City had breached the grievor's human rights. The following, however, will focus on the privacy issue raised.
In my December 15, 2016 article, Federal Government's Cannabis Report: What does it mean for employers?, I noted the Report's1 suggestion that there was a lack of research to reliably determine when individuals are impaired by cannabis.
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