Steer clear of the Temporary Foreign Worker Program (TFWP) and the Labour Market Opinion (LMO) process altogether and look at other ways to bring your foreign employees into Canada, advised Green and Spiegel LLP partners Evan Green and Stephen Green at the recent Canadian Employee Relocation Council Conference. Some of the other avenues to consider are the International Exchange Canada, inter-company transfers and the NAFTA visa for investors.
If a business does decide to proceed with an LMO Application, Evan and Stephen suggest ensuring the documentation is in perfect order to avoid any problems later if there is a compliance audit. This includes documenting everything along the way, from the job advertisement to documenting the prevailing wage at the time the job was advertised. Businesses must also think about what may happen down the road in the employment relationship, such future job promotions and bonuses. For a more detailed review of Stephen and Evan’s presentation, please see the recent article “Safeguarding Against a Compliance Audit” in the Winter 2013 issue of Perspectives Magazine, the quarterly CERC publication.