If you or one of your employees are currently working, or are planning on working in Canada under the International Mobility Program, then you need to be aware of the following regulation changes, as it may impact your (or your employees') work permit or work permit renewal application.
On February 21, 2015, the Canadian government instituted new regulations relating to Labour Market Impact Assessment (LMIA)-exempt foreign workers, under the International Mobility Program.
The new regulations change the fee structure and include fees and obligations that will affect the work permit applications of LMIA-exempt foreign workers. LMIA exemptions include statutory exemptions, intra-company transfers, and professionals under free trade agreements, including NAFTA.
Under this new regime, an employer is required to:
As of February 21st, foreign nationals are no longer able to obtain an employee-specific work permit if their employer has not submitted the required forms and paid the fee. The employer compliance fee is in addition to the current work permit processing fee of $155.
In addition to paying the new employer compliance fee, the employer must also submit an Offer of Employment directly to Citizenship and Immigration Canada using the prescribed form (IMM 5802).
The government has now released the IMM 5802 form and an aid to assist employers with the process.
The Offer of Employment and employer compliance fee requirements must be met before a foreign worker can submit his or her LMIA-exempt work permit application. An employer must therefore provide the compliance fee receipt number for inclusion in the work permit application. If these requirements are not met, the foreign worker's application will be refused.
The new regulations empower immigration officers who have concerns about the employer or the genuineness of the offer of employment to request further information directly from the employer. This eliminates the need for the foreign national applicant to act as a conduit for such a request. Immigration officers will contact employers directly as per the contact information provided on the form.
As with all other applications, third party representatives, such as legal counsel, can complete and submit the form on an employer's behalf, so long as the employer contact has signed a Use of a Representative form.
Do you need to ensure that your constracts are clear and compliant? Contact TPD today!
Tyson is an associate in the Employment and Labour Group in McMillan’s Vancouver office. Tyson assists both domestic and international clients in navigating all aspects of provincial and federal law including, employment standards, occupational health and safety, human rights, workers' compensation, and labour relations. Tyson also advises clients on the drafting of employment agreements, defending wrongful dismissal claims, creating comprehensive workplace policies, and managing privacy issues. In conjunction with his employment practice, Tyson advises clients on business immigration law and related human resource issues.
A cautionary note:
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
