#foreignworker

Since January 2014, new requirements for Labour Market Opinions (LMO) emphasize the government’s agenda for employers to hire Canadian employees first and foremost. New powers were also introduced, allowing Employment and Social Development Canada (ESDC) and Citizenship and Immigration Canada (CIC) to suspend and revoke an approved Opinions or Work Permits on public policy grounds. For instance:

If new information becomes available after the opinion is provided indicating that the employment of the foreign national under the work permit is having or will have a significant negative effect on the labour market in Canada, than the LMO and work permit may be revoked;

If the employer or group of employers provided false, misleading or inaccurate information in the context of the request for that opinion, the LMO and work permit may be revoked; and

If there are reasonable grounds to suspect that the employer or group of employers provided false, misleading or inaccurate information in the context of the request for that opinion, the LMO may be suspended and cannot be used to obtain a work permit;

If new information becomes available after the positive opinion is provided and if known at the time would have led to a different opinion, the LMO may be suspended and cannot be used to obtain a work permit;

If there are reasonable grounds to suspect that the employer is not complying with the conditions set out in the Immigration and Refugee Protections Regulations, the LMO may be suspended and cannot be used to obtain a work permit;

If the employer’s name has been added to the list of ineligible employers, the LMO and work permit may be revoked or suspended.

On March 6, 2014, ESDC suspended two and revoked one LMO for the first time. 

The employers were noted on the ESDC website for providing false, misleading and inaccurate information leading to the issuance of the LMO. Employers were found to be turning away eligible Canadian applicants and reducing the hours of Canadian employees to give longer shifts to foreign workers and not providing provisions promised in the approved LMO application such as adequate housing for foreign workers.

In response to ESDC’s swift actions it is important for employers to take precautions when applying for an LMO and continue to do so after a positive opinion has been received. Employers must be sure that recruitment efforts are genuine and that Canadian applicants receive the first opportunity to fill available positions. 

Employers should also be careful to review compliance within the terms of the approved Labour Market Opinion and Work Permits and be proactive in ensuring that compliance can be readily demonstrated by maintaining documentation regarding the hiring process and compliance should Employment and Social Development Canada or Citizenship and Immigration Canada request any information.