Effective Date: February 21, 2015
What’s Changed:
Citizenship and Immigration Canada (CIC) has announced that, effective February 21, 2015, work permit applications in LMIA-exempt categories will require additional compliance measures. LMIA-exempt work permits are now referred to as work permits under the ‘International Mobility Program’.
Under the new measures, before employees can seek non-LMIA based work permits (see below re application types), employers will be required to meet certain guidelines. Employers will need to:
- Provide specific company information
- Specified forms and/or guidelines are anticipated, and readers will be apprised
- Provide an offer of employment
- Pay a $230 compliance fee online
Failure to Comply:
Failure by employers to comply with the above can lead to penalties not unlike those now in place for LMIA-based work permits. Penalties may include:
- Monetary penalties
- Ban on foreign worker recruitment, and
- Possible criminal sanctions
Who is/Case Types Impacted:
Examples of application types that will be impacted include:
- Intra-Company Transfers
- NAFTA Professionals
- Reciprocal Benefit
- Significant Benefit
- Employer-specific International Experience Class
- Emergency Repair, and
- Treaty-based work permits (notably professionals)
- GATS
- Canada-Chile Free Trade Agreement
- Canada-Peru Free Trade Agreement
- Canada-Colombia Free Trade Agreement
- Canada-South Korea Free Trade Agreement
Open work permit types will not be impacted. Examples of these application types include:
- Spousal
- Post Graduate
- Working Holiday (this does not include employer specific IEC work permits, as noted above; i.e. employer specific IEC work permits would need to meet the new requirements)
- Bridge
However, open work permits will now be required to pay a further $100 fee (beyond the usual $155 work permit fee) in application for such work permits.
Further information
Additional information can be found at: http://www.cic.gc.ca/english/department/media/notices/2015-02-09.asp.
What Employers and Employees Need To Do:
Employers need to ensure that they are aware of the requirements and comply. Systems should be put into place with regard to information required and other aspects of the new requirements. Internal company personnel should be advised, failing which, they may seek a non-LMIA work permit without realizing the requirements, which can lead to sanctions for the employer, and rejections for the employee.
Employees should check with their counsel or HR departments before planning any work in Canada, and ensure that they are fully instructed of the requirements before proceeding to Canada.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.