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IMPACT – MEDIUM
What is the change? Canada would grant temporary entry and streamlined work authorization to certain foreign business persons without subjecting them to labor market testing or numerical quotas under a draft of the Trans-Pacific Partnership agreement released today.
What does the change mean? The categories of individuals covered by the agreement include business visitors, intra-company transferees and investors from the other 11 signatory countries, as well as designated professionals and technicians from Australia, Chile, Japan, Malaysia, Mexico and Peru. The designated categories are conditioned on reciprocal treatment of Canadian nationals by the individual country.
Background: The Trans-Pacific Partnership (TPP) is a wide-ranging deal that reduces barriers to trade and travel among 12 countries – Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vietnam.
BAL Analysis: The agreement has yet to be signed, but Prime Minister Justin Trudeau has indicated his support for it. If implemented as drafted, it will liberalize cross-border travel for employers sending foreign nationals from participating countries to Canada for certain business roles.
This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.
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What is the change? A new penalty regime for employers who violate the terms of foreign employees’ work permits will take effect Dec. 1.
What does the change mean? Employers should be cognizant of the new penalties and make sure they are in compliance with all applicable rules and regulations.
Background: The new program introduces new administrative penalties for everything from an employer’s inability to demonstrate that information on a work permit is accurate (considered a relatively minor violation) to an employer’s failure to make sure a workplace is free of abuse (considered the most serious type of violation).
Violations would be given a score based on both the type and severity of the infraction. Fines are higher for larger companies and range from zero to CA$100,000, with a maximum of CA$1 million in fines per year. Other penalties will include barring employers from recruiting additional foreign workers. Employers with unpaid fines would be barred from recruiting new foreign workers until they pay their fines. Those who demonstrate a good-faith effort to stay in compliance will not be penalized.
Besides the administrative penalties, current law provides for criminal penalties in the form of fines of up to CA$50,000 and as many as two years in prison for employers who hire undocumented workers. The criminal penalties will remain unaffected by the Dec. 1 changes.
BAL Analysis: The new penalty regime reflects the government’s seriousness about punishing employers who violate the terms of foreign workers’ work permits. Those with questions about staying in compliance with rules and regulations governing the employment of foreign workers should contact their BAL attorney as soon as possible.
Canadian Prime Minister Justin Trudeau has announced his new cabinet, including naming the Hon. John McCallum as Minister of Immigration, Refugees and Citizenship and the Hon. MaryAnn Mihychuk as Minister of Employment, Workforce Development and Labour.
McCallum and Mihychuk will be tasked with implementing the Liberal Party’s immigration goals, including removing visa requirements for Mexican nationals, doubling the Sponsorship of Parents and Grandparents program and giving a boost to permanent residence applicants who have siblings in Canada.
Trudeau was elected Prime Minister in October and was sworn in Wednesday.
McCallum and Mihychuk will play key roles in the new government. McCallum will lead the renamed Ministry of Immigration, Refugees and Citizenship (previously called the Ministry of Citizenship and Immigration). He has served in the past as Liberal Party critic for Citizenship and Immigration and as Minister of Defence and Minister of Veterans Affairs.
Mihychuk is a former member of the Manitoba Legislature, where she served as Minister of Industry, Trade, and Mines, and Minister of Intergovernmental Affairs.
Other Liberal Party immigration-related goals include doubling the budget for family class immigration processing, providing immediate permanent residence to new spouses entering Canada, restoring the maximum age for dependents to 22 from 19, eliminating the CA$1,000 (US$760) LMIA fee for those seeking caregivers for family members with disabilities, and expanding Canada’s intake of refugees from Syria and Iraq to 25,000.
BAL Analysis: Trudeau is expected to reopen Parliament in December and has signaled his intention to push an ambitious agenda on immigration and other issues. BAL will follow developments in Canada and report on major immigration-related changes.
What is the change? Ontario will launch a corporate stream for international companies seeking to expand their operations or investments into that province, as well as an entrepreneur stream for individuals.
What does the change mean? International companies must invest at least CA$5 million (about US$3.8 million) and create five full-time positions for Canadian citizens or residents for every foreign employee sponsored for permanent residency. Under the entrepreneur stream, individuals must invest at least CA$500,000 and have a net worth of CA$800,000 and fulfill language requirements.
BAL Analysis: The programs will provide new alternatives for foreign nationals with key roles in international companies and individual entrepreneurs to apply for permanent residency outside of the other available migration streams.
What is the change? Quebec’s Skilled Worker Program will reopen Nov. 4 with a maximum of 6,300 applicants to be accepted under the program.
What does the change mean? Skilled workers may apply for permanent residency through the program without needing a job offer or using the Express Entry system to vie for an invitation to apply.
Background: Applications will be accepted by mail from Nov. 4 to Dec. 15 and online from Jan. 18, 2016 to March 31, 2016. Under the Quebec Skilled Worker Program, candidates must obtain a Quebec Selection Certificate (CSQ) by earning points for language skills, training, education, work experience and other factors. If they obtain a CSQ, they may apply for permanent residency. Unlike the Express Entry system, applications are considered in the order in which they are submitted, rather than prioritized by ranking.
BAL Analysis: Eligible applicants should prepare to apply soon after the program opens, as it is expected to fill quickly.
What is the change? Citizenship and Immigration Canada has announced it will reopen the Parent and Grandparent Program on Jan. 4, 2016.
What does the change mean? Those wishing to sponsor parents or grandparents for permanent residency are strongly advised to prepare their applications as soon as possible, as the program is extremely popular and usually reaches the quota within one month of opening.
Background: The newly elected Liberal government has not announced the quota for 2016. In the past two years, the number of applications was capped at 5,000 and was exhausted within weeks.
Those eligible to sponsor a parent or grandparent are Canadian citizens and permanent residents who are living in Canada, are at least 18 years of age, meet basic income requirements and demonstrate they can provide basic support for the parent or grandparent.
BAL Analysis: The 2016 quota has not been announced, but the new government has pledged to double it. Nevertheless, applicants are encouraged to begin preparing their applications now and may wish to explore other options if their application is not accepted under the quota, including the Parent and Grandparent Super Visa which is valid for up to 10 years and allows parents and grandparents to visit family for up to two years without renewing their status.
What is the change? In the latest Express Entry draw, conducted Friday, the minimum qualifying score was 489, indicating that minimum scores are beginning to creep up again, from a low of 450 points in previous draws.
What does the change mean? The minimum scores to be invited to apply for permanent residency may be levelling off after reaching a low in the past month.
Background: On Friday, 1,502 Express Entry candidates were invited to apply for permanent residence as a result of the 19th draw. A total of 25,044 invitations have been issued since the program was launched in January 2015.
BAL Analysis: While the minimum score remains relatively low, employers are reminded that there is still a significant advantage to foreign candidates who hold an LMIA-based job offer or provincial nomination, as this earns the candidate 600 points out of a possible 1,200.
Canada has elected Prime Minister Justin Trudeau, whose Liberal Party will take a majority in the House of Commons, earning a mandate to pass reforms, which could include changes to immigration policy.
The party platform includes several proposals that, if implemented, would make migration more flexible for foreign nationals and family members. They include the following:
BAL Analysis: The new government has not implemented any of its proposals yet and it is too early to tell which reforms may be pursued or adopted. BAL will update clients should there be any changes in immigration policy.
What is the change? International Experience Canada will close its application period for the 2015 season on Oct. 9, Citizenship and Immigration Canada has announced.
What does the change mean? Oct. 9 is the last day to submit an application and the last day invitations to apply will be sent to applicants on a waiting list. The deadline for applicants with a valid Conditional Acceptance Letter to submit a completed work permit application is Nov. 17.
Background: Canada is closing the application and waiting list in anticipation of the 2016 season. The deadlines for the 2015 season apply to all countries, including those without application quotas, such as the U.S. and Australia.
BAL Analysis: International Experience Canada is a popular program that fills up quickly. Applicants should prepare for the opening of the 2016 season in coming months.
IMPACT – HIGH
What is the change? Canadian authorities are auditing employers under the International Mobility Program as the result of new enforcement measures introduced in earlier this year.
What does the change mean? Employers should be aware that the audit program is underway and be prepared in case they are selected for random inspections. The audits seek extensive documentation and proof that employers are in compliance with all laws and requirements for hiring foreign workers.
Background: Citizen and Immigration Canada reformed the Temporary Foreign Worker Program and International Mobility Program last year, introducing increased enforcement with the goal of auditing one in four employers. New compliance and audit measures were introduced in February for LMIA-exempt work permits.
Audits will inspect employers in all aspects of an offer of employment submitted in support of a work permit, including wages, working conditions, health care coverage, accommodations and transportation costs where required. Extensive documentation will be sought, such as payroll statements, timesheets, employment contracts or collective bargaining agreements, proof of nonmonetary remuneration, proof of the foreign worker’s job duties, proof that the employer is actively engaged in business, compliance with provincial or territorial employment laws, proof of corporate policies to address and train employees on prevention of workplace abuse, and more. Depending on its review of the documentation, the government could seek additional information. The information gathered from audits will be shared with provincial or territorial governments as part of an information-sharing agreement for purposes of enforcing provincial/territorial laws.
BAL Analysis: Employers should be aware of the increased enforcement and audit environment in Canada and are strongly encouraged to conduct internal audits so they will be fully prepared in the event of an audit. In conjunction with the audits, a new administrative monetary penalty regime will be enforced beginning Dec. 1, significantly raising the consequences for employers found to be in violation of laws and regulations governing hiring foreign workers.