Changes to Labour Market Opinion Process - Effective Dec. 31

the CanadaVisa Team - 31 December, 2013

1. Employment and Social Development Canada (ESDC) may no longer issue an LMO to an employer or group of employers who offer stripteases, erotic dances, escort services or erotic massage.

• This change has been made in order to protect temporary foreign workers from possible exploitation.

2. Employers must comply with new conditions. Under these new conditions, employers must:

• Retain any document that relates to employer compliance with working conditions for a period of six years. This period begins with the first day of employment of a foreign worker on a temporary work permit. For this same period, the employer must be able to demonstrate that information they provided on their LMO application is accurate.
• Make a reasonable effort to ensure that their workplace is free from employee abuse.
• Hire or train Canadian workers, or make reasonable efforts to this extent, if this was a factor that led to work permit issuance.

As of December 31, 2013, employers will be required to complete an update LMO application form.

3. ESDC and Service Canada will have the authority to conduct inspections to ensure that employers are complying to work permit regulations. This authority will last for a period of six years, starting from the first day of a worker’s employment by their employer.

• During an inspection, employers may be asked to demonstrate that they have complied with Federal and Provincial labour conditions and/or conditions set out in their LMO. Inspectors may:
  • Request documents to prove compliance;
  • Conduct on-site inspections without a warrant; and
  • Interview foreign workers or Canadian employees, by their consent.

If an employer is determined to be non-compliant, they will:

• Be deemed ineligible to hire foreign workers for two years;
• Have their name, address, and ineligibility published on a public list;
• Be issued negative LMOs on any pending applications; and
• May have previously issued LMOs revoked

4. ESDC may now suspend or revoke LMOs, or refuse to process LMO applications, under public policy considerations. Employers whose LMOs may be suspended or revoked will be contacted and given an opportunity to address concerns.