Welcome!

News Feed Item

Government of Canada cracks down on abuse of Temporary Foreign Worker Program

Employers who break the rules have labour market opinions suspended or revoked and are placed on public blacklist

OTTAWA, April 7, 2014 /CNW/ - Today, the Honourable Jason Kenney, Minister of Employment and Social Development, announced the Government has publically listed employers who have had their labour market opinions (LMOs) revoked or suspended. The LMOs issued to The Boathouse Restaurant in Fenelon Falls, Ontario have been revoked, and LMOs issued to Jungle Jim's Restaurant and Greco Pizza in Labrador, Newfoundland and to McDonald's Restaurant franchises in Victoria, British Columbia have been suspended.

The Government of Canada recently introduced changes to the Temporary Foreign Worker Program allowing the Government to suspend or revoke the LMOs of employers found to be, or suspected to be, non-compliant with program requirements. The names of employers whose LMOs are suspended or revoked will also be added to a new public "blacklist."

The Government is using its authority to suspend and revoke LMOs when the program is being misused or when employers do not use the program as intended.

A revoked LMO can no longer be used by a temporary foreign worker to obtain a work permit from Citizenship and Immigration Canada (CIC). In addition, CIC may also revoke any outstanding work permits. A suspended LMO cannot be used by a temporary foreign worker to obtain a work permit from CIC while a thorough investigation is being completed. Any employer with a suspended LMO who is found to have broken the rules of the Temporary Foreign Worker Program following the investigation will have their LMO revoked.

As announced in Economic Action Plan 2014, the Government is continuing to take action to reform the Temporary Foreign Worker Program to ensure that Canadians are always first in line for available jobs. Most recently, the Government of Canada announced plans to introduce legislative amendments through Budget Implementation Act 1 to give the Government the authority to levy significant fines on employers who break the rules of the program.

Quick Facts

  • Previous Government of Canada action to ensure employers are meeting the conditions of the program includes:
    • conducting on-site inspections to make sure employers are meeting the conditions of the program;
    • banning non-compliant employers from the program for two years and immediately adding their names to a public "blacklist;"
    • requiring employers who legitimately rely on temporary foreign workers due to a lack of qualified Canadian applicants to have a plan to transition to a Canadian workforce over time;
    • requiring employers to pay temporary foreign workers at the prevailing wage by removing the existing wage flexibility;
    • adding questions to employer LMO applications to ensure that the program is not used to facilitate the outsourcing of Canadian jobs;
    • introducing fees for employers for LMO processing, and increasing the fees for work permits, so that hard-working taxpayers are no longer subsidizing these costs;
    • making English and French the only languages that can be used as a job requirement when hiring through the temporary foreign workers process;
    • suspending the Accelerated Labour Market Opinion process; and
    • introducing significant financial penalties for employers who break the rules (Budget Implementation Act 1).

Quote

"Canadians must always be first in line for available jobs. Our government will not tolerate any abuse of the Temporary Foreign Worker Program. Today's announcement sends a clear message that we are taking action against employers who abuse the Temporary Foreign Worker Program and that employers who break the rules will be publically named and face serious consequences."
- The Honourable Jason Kenney, Minister of Employment and Social Development

Associated Links

The blacklist of employers who have broken the rules or been suspended
Statement by the Honourable Jason Kenney, Minister of Employment and Social Development (April 6, 2014)
Temporary Foreign Worker Program New Regulations and Ministerial Instructions
Harper Government announces reforms to the Temporary Foreign Worker Program - Ensuring Canadians have first chance at available jobs (April 29, 2013)
Further improvements to the Temporary Foreign Worker Program (August 7, 2013)
Further reforms to the Temporary Foreign Worker Program (December 28, 2013)

Backgrounder

Effective December 2013, amendments to the Immigration and Refugee Protection Regulations (IRPR) have been put in place to strengthen the integrity of the program by providing Employment and Social Development Canada (ESDC) and Citizenship and Immigration Canada (CIC) with additional authorities to ensure employers are complying with program requirements.

Also, since December 2013, Ministerial Instructions allow ESDC to revoke or suspend LMOs or to refuse to process LMO applications.

A revoked labour market opinion (LMO) means that one or more positions on an LMO is being permanently cancelled. This means that it can no longer be used by a temporary foreign worker to obtain a work permit from CIC. In addition, CIC may also revoke any outstanding work permits once the LMO has been revoked.

An LMO may be revoked if:

  • new information becomes available after the opinion is provided indicating that the employment of the foreign national under the work permit is having or will have a significant negative effect on the labour market in Canada;
  • the employer or group of employers provided false, misleading or inaccurate information in the context of the request for that opinion; and/or
  • the employer's name has been added to the list referred to in subsection 209.91(3) of the IRPR.

A suspended LMO means that one or more positions on an LMO is being temporarily put on hold. This means that during that time it can no longer be used by a temporary foreign worker to obtain a work permit from CIC.

An LMO may be suspended if:

  • there are reasonable grounds to suspect that the employer or group of employers provided false, misleading or inaccurate information in the context of the request for that opinion;
  • new information becomes available after the positive opinion is provided and if known at that time would have led to a different opinion;
  • there are reasonable grounds to suspect that the employer is not complying with the conditions set out in subsection 209.3 or 209.4 of the IRPR in respect of that work permit or any other work permit, and the failure to do so may not be justified under one or the other of those sections; and/or
  • the employer's name has been added to the list referred to in subsection 209.91(3) of the IRPR.

In April 2013, the Government announced changes to the Temporary Foreign Worker Program that:

  • require employers to pay temporary foreign workers at the prevailing wage by removing the existing wage flexibility;
  • suspend the Accelerated Labour Market Opinion (A-LMO) process;
  • increase the Government's authority to suspend and revoke work permits and LMOs if the program is being misused or when employers don't use the program as intended;
  • add questions to employer LMO applications to ensure that the program is not used to facilitate the outsourcing of Canadian jobs;
  • ensure employers who rely on temporary foreign workers have a firm plan in place to transition to a Canadian workforce over time;
  • introduce fees for employers for the processing of LMOs and increase the fees for work permits so that the taxpayers are no longer subsidizing the costs; and
  • identify English and French as the only languages that can be identified as a job requirement.

To further strengthen the Temporary Foreign Worker Program, the Government is introducing legislative amendments providing authority to set out an administrative monetary penalty system in regulations through the Budget Implementation Act 1.

Anyone wishing to report an anonymous tip related to the Temporary Foreign Worker Program can do so by calling 1-800-367-5693 or sending an email to [email protected].


SOURCE Employment and Social Development Canada

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
Information technology is an industry that has always experienced change, and the dramatic change sweeping across the industry today could not be truthfully described as the first time we've seen such widespread change impacting customer investments. However, the rate of the change, and the potential outcomes from today's digital transformation has the distinct potential to separate the industry into two camps: Organizations that see the change coming, embrace it, and successful leverage it; and...
Everyone knows that truly innovative companies learn as they go along, pushing boundaries in response to market changes and demands. What's more of a mystery is how to balance innovation on a fresh platform built from scratch with the legacy tech stack, product suite and customers that continue to serve as the business' foundation. In his General Session at 19th Cloud Expo, Michael Chambliss, Head of Engineering at ReadyTalk, discussed why and how ReadyTalk diverted from healthy revenue and mor...
Extracting business value from Internet of Things (IoT) data doesn’t happen overnight. There are several requirements that must be satisfied, including IoT device enablement, data analysis, real-time detection of complex events and automated orchestration of actions. Unfortunately, too many companies fall short in achieving their business goals by implementing incomplete solutions or not focusing on tangible use cases. In his general session at @ThingsExpo, Dave McCarthy, Director of Products...
Effectively SMBs and government programs must address compounded regulatory compliance requirements. The most recent are Controlled Unclassified Information and the EU's GDPR have Board Level implications. Managing sensitive data protection will likely result in acquisition criteria, demonstration requests and new requirements. Developers, as part of the pre-planning process and the associated supply chain, could benefit from updating their code libraries and design by incorporating changes. In...
20th Cloud Expo, taking place June 6-8, 2017, at the Javits Center in New York City, NY, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy.
You have great SaaS business app ideas. You want to turn your idea quickly into a functional and engaging proof of concept. You need to be able to modify it to meet customers' needs, and you need to deliver a complete and secure SaaS application. How could you achieve all the above and yet avoid unforeseen IT requirements that add unnecessary cost and complexity? You also want your app to be responsive in any device at any time. In his session at 19th Cloud Expo, Mark Allen, General Manager of...
The 20th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held June 6-8, 2017, at the Javits Center in New York City, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Containers, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportunity. Submit your speaking proposal ...
Get deep visibility into the performance of your databases and expert advice for performance optimization and tuning. You can't get application performance without database performance. Give everyone on the team a comprehensive view of how every aspect of the system affects performance across SQL database operations, host server and OS, virtualization resources and storage I/O. Quickly find bottlenecks and troubleshoot complex problems.
"Coalfire is a cyber-risk, security and compliance assessment and advisory services firm. We do a lot of work with the cloud service provider community," explained Ryan McGowan, Vice President, Sales (West) at Coalfire Systems, Inc., in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Without a clear strategy for cost control and an architecture designed with cloud services in mind, costs and operational performance can quickly get out of control. To avoid multiple architectural redesigns requires extensive thought and planning. Boundary (now part of BMC) launched a new public-facing multi-tenant high resolution monitoring service on Amazon AWS two years ago, facing challenges and learning best practices in the early days of the new service. In his session at 19th Cloud Exp...
DevOps is being widely accepted (if not fully adopted) as essential in enterprise IT. But as Enterprise DevOps gains maturity, expands scope, and increases velocity, the need for data-driven decisions across teams becomes more acute. DevOps teams in any modern business must wrangle the ‘digital exhaust’ from the delivery toolchain, "pervasive" and "cognitive" computing, APIs and services, mobile devices and applications, the Internet of Things, and now even blockchain. In this power panel at @...
Major trends and emerging technologies – from virtual reality and IoT, to Big Data and algorithms – are helping organizations innovate in the digital era. However, to create real business value, IT must think beyond the ‘what’ of digital transformation to the ‘how’ to harness emerging trends, innovation and disruption. Architecture is the key that underpins and ties all these efforts together. In the digital age, it’s important to invest in architecture, extend the enterprise footprint to the cl...
Bert Loomis was a visionary. This general session will highlight how Bert Loomis and people like him inspire us to build great things with small inventions. In their general session at 19th Cloud Expo, Harold Hannon, Architect at IBM Bluemix, and Michael O'Neill, Strategic Business Development at Nvidia, discussed the accelerating pace of AI development and how IBM Cloud and NVIDIA are partnering to bring AI capabilities to "every day," on-demand. They also reviewed two "free infrastructure" pr...
Fact: storage performance problems have only gotten more complicated, as applications not only have become largely virtualized, but also have moved to cloud-based infrastructures. Storage performance in virtualized environments isn’t just about IOPS anymore. Instead, you need to guarantee performance for individual VMs, helping applications maintain performance as the number of VMs continues to go up in real time. In his session at Cloud Expo, Dhiraj Sehgal, Product and Marketing at Tintri, sha...
Whether your IoT service is connecting cars, homes, appliances, wearable, cameras or other devices, one question hangs in the balance – how do you actually make money from this service? The ability to turn your IoT service into profit requires the ability to create a monetization strategy that is flexible, scalable and working for you in real-time. It must be a transparent, smoothly implemented strategy that all stakeholders – from customers to the board – will be able to understand and comprehe...