New Compliance Rules Coming for Canadian Employers filing Labour Market Opinion Applications

Changes to requirements for Labour Market Opinions

Employers hiring foreign workers will soon be required to prove compliance of the terms and conditions of employment with respect to Labour Market Opinion (LMO) applications. The changes are in the proposal stages but many of the recommendations will likely be implemented concerning compliance with obligations that employers must meet in terms of employment contracts, labour conditions and wages offered to foreign workers.  These changes will come in addition to the familiar advertising and recruiting requirements that employers have to follow when applying for Labour Market Opinions to Service Canada.

If Service Canada, formally HRSDC, approves an employer’s Labour Market Opinions application, the foreign worker has to then apply for a Canadian work permit at his or her Canadian Embassy abroad.

These new compliance rules are designed to “protect” foreign workers from abusive practices by Canadian employers wishing to take advantage of newcomers to Canada.

A lot of bureaucratic “red tape” for employers and foreign workers wishing to contribute to Canada’s economy. While there have been documented cases of abuse, Canadian employers on the whole are, in my view, ethical and nevertheless have to comply with the Employment Standards Act for all employees.

Stay tuned for the details!

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Tags: foreign worker employers Labour Market Opinion Applications LMO new coming in canada

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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