UPDATE ON CANADA’S TEMPORARY FOREIGN WORKERPROGRAMNASSCOM Global Mobility Conference 2013
• to fill acute labour needs when qualified Canadians are notavailable.• Human Resources and Skills Development Canada (HR...
• 203. (1) … an officer shall determine, on the basis of anopinion provided by the Department of Human Resourcesand Skills...
R205. A work permit may be issued under section 200 to a foreign nationalwho intends to perform work that• (a) would creat...
• Executives• Managers• Specialized Knowledge• Qualifying business entitiesINTRA-COMPANY TRANSFEREES6
• Special knowledge of a company’s products or services andits application in international markets• An advanced knowledge...
• The Canadian government is introducing legislative, regulatory andadministrative changes that will:• effective immediate...
• add questions to employer LMO applications to ensure that the TFWP isnot used to facilitate the loss of Canadian jobs;• ...
• The Canadian Government will seek input on furtherchanges to ensure that the Program is working in the bestinterests of ...
Minister Kenney:• “It would be hugely damaging to our economy if wesuddenly erected huge barriers to the movement of skill...
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NASSCOM Global Mobility Conference 2013 - Update on Canada's Temporary Foreign Worker Program: Sidney Frank

Published on: Mar 3, 2016
Published in: Business      Career      
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Transcripts - NASSCOM Global Mobility Conference 2013 - Update on Canada's Temporary Foreign Worker Program: Sidney Frank

  • 1. UPDATE ON CANADA’S TEMPORARY FOREIGN WORKERPROGRAMNASSCOM Global Mobility Conference 2013
  • 2. • to fill acute labour needs when qualified Canadians are notavailable.• Human Resources and Skills Development Canada (HRSDC)and Citizenship and Immigration Canada (CIC) jointly managethe Temporary Foreign Worker Program.– HRSDC is responsible for issuing Labour Market Opinions (LMOs) toemployers;– CIC is responsible for issuing work permits to temporary foreignworkers.Purpose of the Temporary Foreign Worker Program4
  • 3. • 203. (1) … an officer shall determine, on the basis of anopinion provided by the Department of Human Resourcesand Skills Development, if– (b) the employment of the foreign national is likely tohave a neutral or positive effect on the labour market inCanada;LABOUR MARKET OPINION5
  • 4. R205. A work permit may be issued under section 200 to a foreign nationalwho intends to perform work that• (a) would create or maintain significant social, cultural or economicbenefits or opportunities for Canadian citizens or permanent residents;• (b) would create or maintain reciprocal employment of Canadian citizensor permanent residents of Canada in other countries;INTRA-COMPANY TRANSFEREES3
  • 5. • Executives• Managers• Specialized Knowledge• Qualifying business entitiesINTRA-COMPANY TRANSFEREES6
  • 6. • Special knowledge of a company’s products or services andits application in international markets• An advanced knowledge or expertise in the organization’sprocesses and procedures• Is unusual and different from that found in a particularindustrySPECIALIZED KNOWLEDGE7
  • 7. • The Canadian government is introducing legislative, regulatory andadministrative changes that will:• effective immediately, require employers to pay temporary foreignworkers at the prevailing wage by removing the existing wage flexibility;• effective immediately, temporarily suspend the Accelerated LabourMarket Opinion process;• increase the Government’s authority to suspend and revoke workpermits and Labour Market Opinions (LMOs) if the program is beingmisused;Changes to the Temporary Foreign Worker Program8
  • 8. • add questions to employer LMO applications to ensure that the TFWP isnot used to facilitate the loss of Canadian jobs;• ensure employers who rely on temporary foreign workers have a firmplan in place to transition to a Canadian workforce over time throughthe LMO process;• introduce fees for employers for the processing of LMOs and increasethe fees for work permits; and• identify English and French as the only languages that can be used as ajob requirement.Changes to the Temporary Foreign Worker Program8
  • 9. • The Canadian Government will seek input on furtherchanges to ensure that the Program is working in the bestinterests of Canadian workers and businesses.• Cross-Canada consultations will be held over the comingmonths with businesses, industry and trade organizations,unions and others on additional changes to the TFWProgram.Ongoing Review of TFWP9
  • 10. Minister Kenney:• “It would be hugely damaging to our economy if wesuddenly erected huge barriers to the movement of skilledlabour within certain companies.”• “At the same time, we want to make sure that people arenot using that as a kind of back door to undercut theCanadian labour market or displace Canadian workers.”Review of Intra-company Transfers10

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