• a level of controlling interest in the business, e.g. be a sole proprietor or a majority shareholder,
• that such temporary entry will result in the creation or retention of employment opportunities for Canadians and permanent residents and/or skills transfer to Canadians and permanent residents; and,
• not be able to be dismissed.

No advertising or recruitment is required to apply under this program. The program is available in all Canadian provinces.

For more information on LMIAs, please click here.

(Sources)

The post Changes to Owners/Operators LMIA Applications first appeared on Bellissimo Law Group.

AMPs are a form of administrative sanction which will be administered by Citizenship and Immigration Canada (CIC) and the Employment and Social Development Canada (ESDC).  They are cumulative and can range from $500-$100,000 per violation. Non-compliant employers may also face a period of ineligibility to hire foreign nationals.

When determining the total AMP that will be assessed against a non-compliant employer, a points determination will be administered. The size of the penalty will be determined by the points system below and take into consideration the following:

• Size of employer (less than 100 employees or less than $5M revenue – including affiliates);
• Type of violation, whether Type A, B or C violation;
• Severity of the violation; and
• History of compliance.

The government was clear that the purpose of this new regime was to encourage compliance with the TFWP and IMP, and not to punish employers.  Accordingly, if an employer voluntarily discloses a violation, ESDC may reduce the AMPs assessed against an employer.  It is important however that the disclosure be made prior to any compliance and enforcement action being initiated.  ESDC will also take into account the following circumstances when evaluating violations:

• Errors made in good faith
• Reasonable efforts were made to comply
• The violation resulted from a genuine misinterpretation of obligations or requirements
• The violation resulted from changes to Federal or Provincial law
• The violation resulted from changes to provisions of a collective bargaining agreement

Given the high monetary penalties now involved with findings of non-compliance, it is important that employers comply with the commitment(s) made both at the Labour Market Impact Assessment application as well as confirmation stage.  In addition, IMP employers must ensure they are compliant with the details confirmed on their “Offer of Employment to Foreign National Exempt from a Labour Market Impact Assessment” forms.

Stay tuned on our blog for more AMP information as it becomes available.

(Source)

The post Employer Non-Compliance: A Costly Affair first appeared on Bellissimo Law Group.

Highlights of Changes

Reformed Temporary Foreign Worker Program

• Will be overseen by Employment and Social Development Canada (ESDC)
• Labour Market Impact Assessment (LMIA) will replace previous Labour Market Opinion
• LMIA will require employers to disclose information including the number of Canadians who applied for the available position, were interviewed and the reasons for which they were rejected
• LMIA fee increased to $1000 for each temporary foreign worker position
• Wages will be used (instead of National Occupation Code) as the main criteria for administrating the TFWP
• Wages  that are paid at or above provincial/territorial median wage levels will be deemed as “high wage” positions and those paid below provincial/territorial median wage levels will be deemed as “low wage” positions
• Cap will be imposed on employers with 10 or more employees applying for a new LMIA consisting of 10% of workforce at every worksite, determined by the total hours worked.
• Transitional provisions, effective immediately, will permit employers who currently exceed the cap to benefit from a higher cap of 30%, which will be reduced to 20% on 1 July 2015 and eventually to 10% on 1 July 2016
• LMIAs for employers within Accommodation, Food Service or Retail Sales industries in regions with annual unemployment rates exceeding 6%
• Duration of work permits will be reduced to one-year
• Transition plans will be required for high-wage positions whereby employers must demonstrate increased efforts to hire Canadians
• 10-day processing times for highest-demand, highest paid and shortest duration occupations, i.e. skilled trades within top 10% of pay bracket for positions that are less than 120 days
• Government will inspect 1 in 4 employers using the TFWP
• Fines for non-compliance will be increased to $100,000, effective fall 2014
• On-Farm Primary Agriculture and Live-in Caregiver programs exempted from many of these new changes

New International Mobility Program

• Will be overseen by Citizenship and Immigration Canada (CIC)
• Program to facilitate foreign workers arriving through reciprocal agreements with other countries which benefit Canada (ex. free-trade agreements like NAFTA and GATS or youth exchange programs)
• Employers utilizing the IMP will be LMIA exempt
• New requirements will be imposed on employers to submit a foreign national’s job offer details to CIC
• New fees
• Increased monitoring and inspections

These changes greatly impact Canadian businesses hiring temporary foreign workers. Please contact us with any questions about the program or to discuss your options.

Click here to read  “TFW program creating headaches all over”  an article featuring Sindura Dar; associate at Bellissimo Law Group.

The post Temporary Foreign Worker Program Changed, Moratorium on Employer Access Lifted first appeared on Bellissimo Law Group.