Employers ho want to apply for a Labour Market Impact Assessment (LMIA) are to be aware of the new powers and duties conferred on the Minister of Employment and Social Development Canada, and the new conditions employer will be required to comply with, particularly:
1. ESDC WILL HAVE THE AUTHORITY TO NOT PROVIDE AN LMIA
The decision to protect foreign workers from the risk of abuse and exploitation by not providing an Labour Market Impact Assessment if the officer who reviews the application deems this to be the case.
2. NEW CONDITIONS IMPOSED ON EMPLOYERS
The amendments to the Immigration and Refugee Protection Regulations (IRPR) will create new conditions employers will be required to comply with particularly, they will be required to:
• retain any document that relates to compliance with the conditions set out in IRPR (and confirmed in the Labour Market Impact Assessment letter and annexes) for a period of 6 years, beginning on the first day of the period of employment for which the work permit is issued to the foreign worker. For this same period, the employer must be able to demonstrate that any information they provided in the context of an Labour Market Impact Assessment application was accurate.
• make reasonable efforts to provide a work place that is free of abuse; and
• hire or train, or make reasonable efforts to hire or train, Canadians or permanent residents, if that was one of the factors that led to the issuance of the work permit
3. NEW AUTHORITY TO CONDUCT INSPECTIONS
ESDC/Service Canada will have the authority to conduct inspections to verify an employer’s compliance with the conditions in IRPR (and confirmed in the LMIA letter and annexes) for a period of 6 years, beginning on the first day of the period of employment for which the work permit is issued to the foreign worker (unlike an employer compliance review (ECR) that occurs in the context of the assessment of an LMIA application).
During an inspection, employers will be required to demonstrate that they are compliant with the conditions set out in IRPR (and confirmed in the positive LMIA letter and annexes). In order to verify compliance with the conditions, ESDC/Service will have the authority to:
• require employers to provide documents that relate to compliance with those conditions;
• conduct on-site inspections without a warrant (private dwellings excluded and in the majority of cases, advance notice will be given to employers); and
• interview foreign workers or Canadian employees, by consent.
Employers who have failed to comply with the conditions set out in IRPR (and confirmed in the LMO letter and annexes) will have the opportunity to provide a justification and to take corrective action, where applicable, before a determination of non-compliance is made.
• be deemed ineligible to hire foreign workers for 2 years, and have their name, address and period of ineligibility published on a public ban list;
• be issued negative LMIAs on any pending LMIA applications; and/or
• may have previously-issued LMIAs revoked.
The Government of Canada has launched a Confidential Tip Line to report abuse of any Temporatry Foreign Worker. A new Complaints Web page has also been alunched to submit tips easily and securely online. The Governement will continue to review each and every complaint to make sure that employer who are breaking the rules are caught and face the consequences.
For more information visit the:
- Immigration and Refugee Protection Regulations and the Regulatory Impact Assessment Statement for an explanation on the intent fo the regulatory amendments.