Employer rules for temporary foreign workers in Canada

February 12, 2017 0 COMMENTS

by Stéphane Aublet

A work permit is generally issued based on a specific job offer made by a particular Canadian employer (or an employer doing business in Canada). As such, the employer commits itself to providing the foreign worker with wages, working conditions, and employment that are similar to the terms set out in the Labour Market Impact Assessment (LMIA) application submitted to Service Canada.

If the employment is exempt from the LMIA (for example, transfer within a company, North American Free Trade Agreement professional, etc.), the employer commits to providing the foreign worker with wages, working conditions, and employment that are similar to the terms set out in the offer of employment submitted via Immigration Canada’s Employer Portal.

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Hassle-free border crossings: What to do before U.S. national makes application at Canadian port of entry

September 04, 2016 0 COMMENTS

by Gilda Villaran

In 2015, a number of changes were announced to the procedures at Canadian ports of entry. Unfortunately, there continues to be a lack of awareness about these changes on the part of many U.S. companies that occasionally assign employees to work in Canada. As a result, some companies have been caught off guard when their employees are refused entry at the Canadian border. We are writing this article to clarify the obligations of U.S. companies that send employees to perform work in Canada. read more…

New work permit requirements apply whether employer is in Canada or U.S.

May 10, 2015 0 COMMENTS

by Gilda Villaran

Employers whose employees must apply for a work permit or extension in order to work in Canada should be aware of a new compliance form and fee that they must submit before the person applies for the work permit. This came into effect February 21. Ports of entry into Canada may refuse to issue the work permits if the employer’s form and fee have not been submitted in advance. read more…

End of the Canada-wide Information Technology Program

October 18, 2010 0 COMMENTS

By Susan Bradley and Gilda Villaran

In November 2009, we started a discussion on the fundamentals of Canadian work permits. Until now, Canadian employers didn’t have to obtain a Labour Market Opinion (LMO) from Services Canada for certain information technology (IT) professionals. Employers didn’t have to prove that they had advertised the position, that they had conducted reasonable recruitment efforts and that none of the local candidates, if any, were qualified to fill the IT position.

Beginning in 1997, it was assumed that there was a shortage of IT professionals in Canada. This assumption and the exception to the LMO requirement are no longer. Effective September 30, 2010, foreign IT specialists generally require an approved LMO from Services Canada before a work permit will be issued.

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