The federal government has continued to implement changes to the Temporary Foreign Worker Program (TFWP) in their effort to preserve the integrity of the TFWP.
The additional changes implemented May 10th, 2013, will require employers requesting permission to bring in foreign workers to supply more information to Ottawa to prove they are not using the program to outsource Canadians jobs. The following list of questions are now part of the LMO process for IT workers and employers should be prepared to provide the following information to Service Canada:
- A summary of the contractual arrangement between the employer and the company receiving goods and/or services including (but not limited to) information on: the purpose and scope of the project, the project timelines, the expertise required, and the number of Canadians working on the project.
- Details on how Canadians or permanent residents within the company receiving goods and/or services under contract will be positively and/or negatively affected by this contractual arrangement in the next two years? (i.e.: layoffs, relocation, displacement, promotions, restructuring, etc.)
- As part of the contractual arrangement, has the company hired any foreign workers though any work permit-exempt or labour market opinion-exempt processing stream?
- Details on efforts in the last two years to hire and/or train Canadians or permanent residents for positions where a temporary foreign worker has entered under a work permit-exemption or labour market opinion-exemption?
- How have Canadians or permanent residents within the company been affected by foreign nationals hired under a work permit-exemption or labour market opinion exemption?
- A signature on the LMO form from the representative of the company the employer has the contractual arrangement with.
For additional information regarding the most up to date changes to the LMO process, please contact Green and Spiegel, LLP