Temporary Entry - ICL 830
Module 3 Tutorial
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Acknowledgement of Territory
Queen’s University is situated on traditional Anishinaabe and Haudenosaunee
Territory. I am located in Nova Scotia, the ancestral and unceded territory of the
Mi’kmaq People.
To acknowledge this traditional territory is to recognize its longer history, one predating
the establishment of the earliest European colonies.
It is also to acknowledge this territory’s significance for the Indigenous peoples who lived,
and continue to live, upon it – people whose practices and spiritualities were tied to the
land and continue to develop in relationship to the territory and its other inhabitants
today. We pay respect to the elders past, present, and future.
PAULA BARRY MERCER OFFICE HOURS: 30
MINUTES AFTER CLASS
[email protected]
AND BY APPOINTMENT
MONDAYS 11 AM – 1
PM EST
Agenda
1. Module Review - LMIA
2. Break
3. Case Study on LMIA applications
4. Introduction to Assignment 2
5. Wrap-Up and Q&A
Learning Outcomes
By the end of this tutorial, you should be able to:
1. Identify the requirements for an LMIA-based work permit
application
2. Define what an LMIA is, and when it is necessary to obtain one
3. Describe how to prepare an LMIA application and what the
required documents are.
Module Review
Key Questions
1. What is a Labour Market Impact Assessment and what is its
purpose?
2. Where does one start with an LMIA application?
3. What’s the guiding principle for most ESDC officers when reviewing
an LMIA application?
4. What is “reasonable need” and how do you establish genuineness?
5. What’s the difference between the median wage and the provincial
prevailing wage?
6. What happens after the employer gets the LMIA?
7. Whom do you represent — the employer or the employee?
Overview of Work Permit Programs
Temporary Foreign International Mobility
Worker Program (TFWP) Program (IMP)
• Employers must obtain an LMIA • Employers hire temporary
to hire foreign workers workers without an LMIA
• Foreign workers fill temporary
labour and skill shortages
What are the objectives and characteristics of the
TFWP?
• Last resort for employers to fill jobs
• Based on employer demand
• Unilateral and discretionary
• Employer must pass LMIA
• Lead department > ESDC
• Employer-specific work permits
• Majority are low-skilled jobs
• Main source > developing countries
What are the objectives and characteristics of IMP?
• To advance Canada’s economic and cultural interests
• Based largely on multilateral/bilateral agreements, not employer
demand
• No LMIA required
• Lead department CIC
• Generally open permits
• Majority of jobs are high skill / high wage
• Main source countries > highly developed
What are the different types of work permits?
Open work
permits under No job offer
IMP
LMIA-based
Employer- under TFWP
specific work Job offer
permits LMIA-exempted
(exemption
code) under IMP
What is an LMIA?
Document that an employer may need
to get before hiring FN
ESDC investigates labour market and
issues an LMIA
A positive / neutral LMIA could allow
FN to apply for a work permit
What’s the role of the ESDC?
IRPR provides the authority
ESDC assesses the impact on labour
market
IRCC / CBSA officers issue the work
permits
What factors does ESDC consider?
Wages and Available and Skill or
working qualified knowledge
conditions Canadians or PRs transfer
Recruitment and
Benefits to the
Job creation advertisement
labour market
efforts
Consultations Effects on labour
with unions disputes
How do I know if I need an LMIA?
1 2 3
Contact the Review the list of Review the
International LMIA exemption relevant sections
Mobility Workers codes in the
Unit Regulations
What’s the guiding principle for most ESDC officers when
reviewing an LMIA application?
Temporary foreign
worker in a high- Temporary foreign Foreign in-home
wage or low-wage agricultural worker caregiver
Check position
Operational
guidelines
Skilled foreign
Foreign academic Province of Quebec
worker
What are the five main steps in the LMIA
assessment process?
2. Verify consistency
3. Assess
1. Verify if the of job offer with
genuineness of job
employer is eligible domestic
offer
agreements
4. Assess language 5. Assess impact of a
requirement of job TFW on labour
offer market
Step 3: Assessing Genuineness
When do we need to establish genuineness ?
How do we establish genuineness?
What are we assessing — the business or the job offer?
What constitutes a “reasonable need”?
What’s the applicable section of IRPR for assessing
genuineness?
205 of IRPR requires:
• Employer is actively engaged in the business related to the
job offer
• Job offered is consistent with employer’s needs
• Employer can fulfil the terms and conditions
• Employer (or third-party representative) is compliant with
the relevant employment- and recruitment legislation
Step 3 – Factor 1: Is the employer “actively
engaged”?
Does organization:
1. legally exist?
2. have an operating business?
3. have the ability to provide stable
employment for the requested period?
4. provide a good or service in Canada?
Are they “actively engaged”?
The owner of a high-end
Japanese restaurant in Toronto
would like to hire a Japanese
sous-chef.
His business has been open for
6 years and employs 36 people,
including 8 foreign nationals.
Are they “actively engaged”?
• The owner of a small Japanese “bento-box” delivery restaurant
in Toronto would like to hire a Japanese cook
• His business has been open for 5 months and employs 2 other
people
• He cannot provide the officer with T4s (his business is too new),
nor can he provide a lease because he operates his business
from home
• He pays his employees with cash or in food, which they don’t
mind because they are family members
• He shows the officer order slips for produce bought last month
Step 3 – Factor 2: Can employer fulfil terms and conditions?
Hours of work
Wages
Benefits stated in the offer of employment
Working conditions
What’s reasonable?
A new home-based business is hiring a
person to prepare food for a new
gourmet meal delivery service.
The owner of the new business declared
a profit of only $10,000 the previous
year, but they are going to be paying
the temporary worker $45,000 a year.
What’s reasonable?
A well-established restaurant
chain is hiring a specialty cook.
The chain has been in existence
for over ten years and is known
for its exemplary food and
service.
Step 3 – Factor 3: How does one establish a
“reasonable” employment need?
Is the offer of
employment reasonable
in relation to the type of
business?
Can the occupation
reasonably be expected in
that organization’s sector?
What’s “reasonable”?
A company with 10
A hair salon hiring a
An insurance company employees offering its
management
hiring a full-time actor? 6th supervisor position
consultant?
this year?
Step 3 – Factor 4: What does the employer
compliance to federal and provincial laws mean?
Any previous or current violation of
Canadian laws regulating employment
and recruitment
1. Regulation of employers
2. Employer consultants and
recruiters
3. Safety in the workplace
4. Wages
5. Applicable benefits
What’s the difference between…
The prevailing provincial wage? And the median wage?
What happens after the employer gets the LMIA?
Employers are responsible for:
✓Meeting conditions and requirements of TFWP
✓Keeping all records associated to their LMIA application and
compliance for 6 years
✓Informing ESDC / Service Canada of any changes or errors
What factors are reviewed during inspection?
Employment in the Working
Wages
same occupation conditions
Accurate
information in the Actively engaged Compliance with
context of an LMIA in business laws
application
When is the six-year review period?
The period immediately before
the day the application for the
work permit is received by the
CBSA at POE
What are the consequences of non-compliance?
Warnings
Administrative monetary penalties
Ban
Publication of their name, address and details
on website
Revocation or suspension of LMIAs
Whom do you represent?
Employer? Employee?
Break
Case Study on LMIA Applications
Key Questions
What information Develop a checklist of
does the employer documents and other
need to have ready information they will
when they talk to the need for the LMIA
ESDC/SC officer? Interview.
Preview of Assignment 3:
Due Friday, April 21st LMIA Application
• Detailed instructions and rubric in onQ (due at the end
of the course)
• Similar to the case study we just discussed
• Uploaded in two separate and clearly labelled PDFs.
• PDF 1: your submission letter, including all supporting
documents listed in the submission letter
• PDF 2: your memorandum explaining your approach
with the submission and why you elected to
include/exclude certain facts and/or documents.
Assignment 2- Due Sunday, April 9th
Applications for a foreign Worker and Accompanying
Family
• Detailed instructions and rubric in onQ (due at the end of Week
4).
• You will be required to draft a submission letter and list the
required forms and documents to support the applications.
• Review the instructions: what can you work on now, and what
parts should wait for Module 4?
Assignment 2
Applications for foreign
Submit before the Due Do not complete the
worker accompanying
date forms
family
Prepare submission List the names of the
letter on behalf of the forms you would
applicant and family attach/ include and the
members supporting documents
Wrap-Up and Q&A
