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Mar 29, 2012
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Hi all.

I'm just wondering what we can do if we suspect someone is taking advantage of the LMO process (not using it properly)

Short version: We're all Canadian individual small business owner/operators... We are in a seasonable industry, this one (Canadian) company is applying for LMO in most provinces even though there're no work right now. (so we're thinking his target is that once the season starts, he doesn't have downtime with his foreign workers, and thus able to put all of his Canadian competitors out of fairly competing against his prices)

We've tried a lot of telephone resources which lead in loops, we've also tried physically driving to the labour process centres in each province where these applications were being filed.

Is there a lawyer we can hire to apply submit our case to any government bodies? (by "we", I mean a group of individual Canadian owner/operators agreeing this isn't a fair situation)

Thanks for all the advice.
 

scylla

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Have you tried speaking with your Members of Parliment? Perhaps they will be able to assist or offer advice.
 

Pippin

VIP Member
Mar 22, 2010
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I don't have much to go on from your email, and my thoughts are offered constructively. The following comes to mind:
1. This person would have to advertise and prove he couldn't get employees before applying for open LMO's.
2. The advertised wages would have to meet Canadian standards or the LMO's would not be approved.
3. Who is stopping other employers from doing just what this person is doing to prepare for the coming busy season?

I hope you are able to work out a solution before assuming the headaches of legal action. All the best.
 
Mar 29, 2012
2
0
Thanks for the replies.

Scylla: That's where we're running into road blocks, finding the right department/personels we can at least present our case to... (respectfully, we're not saying we're right, maybe as stated by Pippin, we (as owner/operators) need to start doing the same thing for our own business to survive)

Pippin: For our line of contracting work, the bidding for projects wouldn't have a standard "wage" though... and that's the thing, individually, each of our companies can bid and complete the task.

2. For example, rebuilding the side of a house in a windstorm.... 3 Canadian owner/operators can bid for $10,000... $25,000... $18,000.... So there're no standards in hourly wages (each Canadian company is capable in being awarded the re-build work at a price they've quoted). But what this one business is doing is, trying to satuate the labour in our industry with his group of workers.

1. And that's the catch-22, the LMO advertised is an hourly wage. However, as competitor individual owners, we're not working for an hourly wage. Even if we are subcontractors under companies (example, if I lose a bid from a competitor, I can work as a Sub, but it'll be a percentage of the work I performed; not at hourly). And hence, no Canadian individuals would need to apply for his hourly wage position.

3. Guess there are no stopping other employers (even myself, my business), from starting an LMO process. However, it's a feast or famine type of industry. We all try to keep the industry alive where every competitor can go out there and make a living. (so yes, if every Canadian employers did this, then a section of small businesses would be squeezed out; 2-3 major corps with hundreds of foreign workers)

Thanks for all the suggestions. I know this is a reverse thread (i.e. most people WANT their LMO), but we feel it should still be done within reasons and fairly. We just want our case heard, the LMO application office doesn't even take in consideration of competitor's opinions.
 

sue123

Newbie
Mar 26, 2012
8
0
And Please before you lodge any complain make sure your concerns are not empty make sure they are not malicious the lives this kind of complaints eventually affect are the innocent lives that are doing all they possiby can and making sure they are LEGAL.

You have apoint which I do not doubt but may be the other person also have a valid reason like yours. and if not at all I know that there are strong and serious measures around obtaining an LMO