Amendments - Labour Market Opinion

Image via WikipediaIn addition to the standard requirements to apply for a labour market opinion (LMO) under each stream of the Temporary Foreign Worker Program (TFWP), Human Resources and Skills Development Canada (HRSDC)/Service Canada will also evaluate the following criteria starting April 1, 2011:

1. All employers must use the new LMO application form specific to each program stream, and provide:
   • the Canada Revenue Agency (CRA) business number which applies to all Canadian-based employers;
   • a description of the main business activities;
   • an explanation of how hiring a temporary foreign worker (TFW) meets the employment needs of the employer; and
   • a signed statement attesting that the employer will abide by the Program requirements.
   When applying for an LMO, all new employers to the TFWP will be required to provide a copy of their business licence or permit. Should an employer not be required by the municipality to obtain a licence or permit to operate, the documents listed below may be provided instead:
   
   • CRA documents, including: T4 Summary of Remuneration Paid, Schedules 100 and 125 of the T2 Corporation Income Tax Return, T2125 Statement of Business or Professional Activities;
   • business contracts for goods and/or services;
   • provincial workers compensation clearance letter or other appropriate provincial documentation; and
   • attestation by a lawyer, notary public or chartered accountant confirming that the employer exists and the type of business the employer operates.
   Upon request, returning employers may also be asked to submit any or all of the documents listed above.
   
2. The genuineness of the job offer made to the TFW will be assessed based on whether the:
   • employer is actively engaged in the business in which the job offer is being made;
   • job offered to the TFW meets the employment needs of the employer, and is consistent with the type of business the employer is engaged in;
   • employer can fulfil the terms and conditions of the job offer; and
   • employer, or the third party representative acting on behalf of the employer, is compliant with the relevant federal-provincial/territorial employment and recruitment legislation.
3. All returning employers must demonstrate that they have met the terms and conditions of employment set out in previous LMO confirmation letters and annexes (if applicable). In addition, some employers may be required to submit documentation to support a more detailed employer compliance review (ECR), including any or all of the following documents:
   • payroll records;
   • time sheets;
   • job descriptions;
   • copies of the employer-employee contract;
   • collective agreements;
   • TFW’s work permit ;
   • provincial workers compensation clearance letter or other appropriate provincial documentation;
   • receipts for private health insurance (if applicable);
   • receipts for transportation costs; and
   • information about accommodations provided by the employer;
   If it appears that employers did not fully respect the terms and conditions of employment set out in the LMO confirmation letters and annexes (if applicable), the employer will have the opportunity to provide a rationale. In this case, HRSDC/Service Canada will work with the employer to implement the appropriate corrective action, which may include providing compensation to the TFW. Employers may be found non-compliant if they refuse to provide a rationale and/or provide only partial compensation to the TFW.
   If the employer is found to be non-compliant:
   
   • HRSDC/Service Canada may issue a negative LMO and revoke all positions on confirmed LMOs for which work permits have not yet been issued by Citizenship and Immigration Canada (CIC).
   • CIC may deem the employer ineligible to hire TFWs for two years. The employer’s name, address and period of ineligibility may also be published on a list of ineligible employers posted on CIC Web site.

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