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Employment and Social Development Canada Minister Jason Kenny announces moratorium on the Food Service’s Sector’s access to the Temporary Foreign Worker Program

Recent media coverage in Canada showed certain fast food restaurants misusing the Temporary Foreign Worker Program.  In response Canadian Employment Minister Jason Kenny announced an immediate moratorium on the Food Services Sector’s access to the program. Effective April 24, 2014, Employment and Social Development Canada (ESDC) stopped processing any new or pending LMO applications related to the Food Services Sector, and any unfilled positions related to a previously approved LMO were suspended.

No word on when the moratorium will end, as it will remain in effect until the Temporary Foreign Worker Program has been reviewed.

Read this complete article to learn more.

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Employment and Social Development Canada Minister Jason Kenny announces moratorium on the Food Service’s Sector’s access to the Temporary Foreign Worker Program

Canadian government shuts down access to work permits for Food Service Industry in Canada

The Canadian government has placed a moratorium on issuing labour market opinions for jobs in the food service industry following media reports on employer abuse of the temporary foreign worker program. Employers in the food service industry will no longer be able to hire foreign workers who require a labour market opinion to support their work permits. Employers who have applications pending or have received LMO approvals but work permits have not yet been issued to the foreign nationals will be suspended.

http://www.cbc.ca/news/canada/british-columbia/temporary-foreign-worker-program-for-fast-food-sector-suspended-by-ottawa-1.2621385

As the Canadian government continues to make immigration policies based on news headlines, we can certainly anticipate more changes to the temporary foreign worker program. Stay tuned!

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Canadian government shuts down access to work permits for Food Service Industry in Canada

Canada Immigration

On the eve to the New Year, regulatory amendments and ministerial instructions were announced regarding changes affecting the temporary foreign worker program. In particular, new conditions are being placed on employers who apply to Service Canada for Labour Market Opinions (LMOs) in support of work permits for their foreign workers. In addition to the revised application form published and effective December 31, 2013, employers will be subject to a condition that they keep all records in relation to each LMO application submitted, and all information in the context of each LMO application, for a period of 6 years (increased from 2 years).

Service Canada will have the authority to conduct inspections to verify the employer’s compliance with conditions set out in LMO approval letters and may order employers to provide documents, conduct on-site inspections without a warrant, and interview foreign workers or Canadian employers to ensure compliance with terms of employment. Employers will also be subject to employer compliance reviews in relation to a new LMO assessment for a period going back 6 years, as opposed to 2 years.

The new ministerial instructions will provide Service Canada with the power to suspend or revoke LMOs as well as the ability to refuse to process further LMO applications. Employers found to be non-compliant will be ineligible to hire foreign workers for 2 years and their ineligibility will be published on a public ban list. Such employers will also be issued refusal letters on any pending LMO applications and may have previous LMO approvals revoked.

Employer compliance with the terms of LMOs has become more important than ever, as well as the requirement for employers to keep organized and accurate documentation with respect to each foreign worker. If you have any questions regarding the changes to the LMO process or foreign worker applications in general, please contact us.

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Canada Immigration