Hi!
I would like to know whether an employer has to also submit a transition plan, schedule C form, in an LMIA process, when he is requesting an LMIA to support a PR application and the wage is below the median.
I found the following from the schedule C form:
PURPOSE OF SCHEDULE
The Transition Plan is a mandatory requirement for all employers applying to hire temporary foreign workers (TFW) and who are offering a wage at or above
the provincial/territorial median hourly wage. The plan will ensure that businesses that rely on TFWs have a firm plan in place to transition to a Canadian
workforce over the period of time covered by the duration of employment indicated on the positive labour market impact assessment (LMIA) letter and annex.
This schedule will also be used if you re-apply for a subsequent LMIA for this occupation and at the same work location and will be verified if you are selected
for an inspection.
Note:
The requirement for a Transition Plan does NOT apply to: the Seasonal Agricultural Worker Program; Agricultural Stream; positions related to
on-farm primary agriculture such as: farm managers/supervisors and specialized livestock workers, general farm workers, nursery and
greenhouse workers and harvesting labourers; Live-in Caregiver Program; Federal Skilled Worker Program, Federal Skilled Trades Program
or employers hiring workers for specialized occupations under Quebec’s Facilitated process.
Employers applying for an opinion may be exempt if they are hiring TFWs for positions with a limited duration, which means – the job is
time-limited and will no longer exist after the TFW leaves. The employment duration can be:
• 1 to 120 days (e.g. emergency or warranty work); OR
• more than 120 days to a maximum of 2 years (e.g. non-recurring project-based positions).
Employers can apply for an exemption from having to provide the Transition Plan by completing the “Rationale for Exemption”
section on the LMIA application. Exemptions will be considered on a case by case basis.
Based on my undestanding, he will not have to submit it.
Does he have to complete "Rationale for Exemption"?
What do you think? Any experiences?
I would like to know whether an employer has to also submit a transition plan, schedule C form, in an LMIA process, when he is requesting an LMIA to support a PR application and the wage is below the median.
I found the following from the schedule C form:
PURPOSE OF SCHEDULE
The Transition Plan is a mandatory requirement for all employers applying to hire temporary foreign workers (TFW) and who are offering a wage at or above
the provincial/territorial median hourly wage. The plan will ensure that businesses that rely on TFWs have a firm plan in place to transition to a Canadian
workforce over the period of time covered by the duration of employment indicated on the positive labour market impact assessment (LMIA) letter and annex.
This schedule will also be used if you re-apply for a subsequent LMIA for this occupation and at the same work location and will be verified if you are selected
for an inspection.
Note:
The requirement for a Transition Plan does NOT apply to: the Seasonal Agricultural Worker Program; Agricultural Stream; positions related to
on-farm primary agriculture such as: farm managers/supervisors and specialized livestock workers, general farm workers, nursery and
greenhouse workers and harvesting labourers; Live-in Caregiver Program; Federal Skilled Worker Program, Federal Skilled Trades Program
or employers hiring workers for specialized occupations under Quebec’s Facilitated process.
Employers applying for an opinion may be exempt if they are hiring TFWs for positions with a limited duration, which means – the job is
time-limited and will no longer exist after the TFW leaves. The employment duration can be:
• 1 to 120 days (e.g. emergency or warranty work); OR
• more than 120 days to a maximum of 2 years (e.g. non-recurring project-based positions).
Employers can apply for an exemption from having to provide the Transition Plan by completing the “Rationale for Exemption”
section on the LMIA application. Exemptions will be considered on a case by case basis.
Based on my undestanding, he will not have to submit it.
Does he have to complete "Rationale for Exemption"?
What do you think? Any experiences?