IRCC Minister John McCallum stated that “We want francophone minority communities in Canada to continue to be vibrant and growing. That is why we’re going to encourage skilled francophone workers to come to Canada and settle in communities outside of Quebec, and we’re going to encourage them to apply for permanent residence if they would like to stay.”

IRCC aims by 2018 to have at least 4% of all economic immigrants to be settled outside of Quebec, and by 2023 – 4.4%.

For more information on the Federal Skilled Worker Program, please click here.

(Sources)

The post International Mobility Program (IMP) Mobilité Francophone first appeared on Bellissimo Law Group.

1. Compliance Regime 2011-2015 – What are the Changes?
2. What are the Legal Means to Review Employer Compliance?
3. What are the Enhanced Enforcement Measures as of December 1st, 2015?
4. What Legal Authority does ESDC have to Conduct an ECR?
5. What Will Become of Ministerial Revocations, Suspensions and Refusals?
6. Why are Key Terms in the TFWP Undefined?
7. Are ESDC Officers Constrained by Policy?
8. Are Administrative Monetary Penalties Capable of Attracting Charter Scrutiny?
9. Are the Enforcement Measures Too Legally Broad?
10. Should Employers Be Concerned About Collateral Provincial Proceedings?

These are all important questions. Given the breadth of these changes, I have dedicated a new chapter in the next update of Canadian Citizenship and Immigration Inadmissibility Law, 2nd Edition on the Employer Compliance Regime. One example of the myriad of issues these questions raise is under section 209.6, where an Officer or the Minister may compel an “employer to report at any specified time and place to answer questions and provide documents that relate to compliance with those conditions.”

There is nothing in the Regulations that speaks to the reasonability of the reporting requirement, nor are any limits placed on the documents that are to be produced, nor the questions that may be asked – except that they are to relate to compliance with the conditions set forth in sections 209.2 and 209.3 of the Regulations. The difficulty with this limitation is two-fold. First, the conditions are undefined, making it difficult to ascertain where the limits are on the examination. Second, the conditions address whether “substantially the same but not less favourable” “wages and working conditions” are being provided, but what is meant by this requirement is not publicly available or defined in law.

This is a fascinating area of evolving law and policy and it is an almost certainty that Federal and Provincial courts will be called upon to weigh in on defining the scope and legal authority of this new regime. Our firm remains heavily involved in a number of cases involving the compliance regime and each experience informs our understanding of the process that it is still so new.

The post Canadian Employer Compliance Regime: Ten Important Questions! 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.