Employers – Compliance Inspections – Random and Triggered – Documents to Retain

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When an employer-specific work permit application is approved, employers are required to provide foreign workers with pay and conditions of work that are substantially the same but not less favourable than those stated in the application. You can view these responsibilities in our post about employer compliance here: https://www.cilf.ca/2025/05/08/amps/.

Under both the Temporary Foreign Worker Program (“TFWP”), which requires a Labour Market Impact Assessment (“LMIA”), and the International Mobility Program (“IMP”), which is LMIA-exempt, the government can inspect workplaces and require the provision of documentation to ensure that a foreign worker is provided with the pay and conditions that the employer said would be provided. Employment and Social Development Canada (“ESDC”) conducts inspections under the TFWP and Immigration, Refugees and Citizenship Canada (“IRCC”) conducts inspections under the IMP.

Inspections can occur at any time during the six (6) years following the first day of the foreign worker’s employment period pursuant to a work permit.

Inspections can be triggered in three (3) ways:

  • Random selection – approximately one (1) in four (4) employers will be randomly selected for inspection.
  • If there is a reason to suspect non-compliance such as a complaint from an individual or a report in the media.
  • If an employer has been non-compliant in the past.

During the six (6) year period starting once a foreign worker begins work on the work permit, the employer must keep all documentation relating to the foreign worker’s employment. Employers must be prepared for an inspection and should have these documents ready. Examples of documents which are often requested include:

  • Signed copy of the employment agreement that was signed and dated by the employer and the foreign worker before the work permit application was submitted. For the IMP, this should be before the offer of employment was filed on the employer’s IRCC’s employer portal account.
  • Job description.
  • Pay slips including the total number of hours worked, hourly wage, and all deductions such as Canada Pension Plan, Employment Insurance, and Income Tax. Any non-standard deductions should be explained. If the foreign worker is being paid from outside Canada, a letter or contract confirming this arrangement should be provided.
  • If applicable, timesheets that correspond to the pay slips.
  • Proof that any benefits noted in the application were provided.
  • Proof that the foreign worker was provided with information about their rights as a worker on or before the first day of employment.
  • Information about foreign worker rights must also be readily available in an accessible location at the workplace of the foreign worker throughout their period of employment. This could include making the information available on the company website, in an accessible place within the company’s internal system or available in a common area such as a break room or copy room. Records such as screenshots or photos should be saved by the employer.
  • Anti-abuse policies / Anti-harassment policies / codes of employee conduct / guidelines provided to staff / Protection or support protocols to staff / Recent training (within the last two years) provided to employees and supervisors to identify and recognize abuse, and to address it / Steps taken to resolve complaints of abuse, etc. which could include: complaints policies & protocols, dispute resolution mechanisms, an employee representative or contact person, employee counselling, anonymous hotlines, etc
  • Proof that if a recruiter was used, the foreign worker was not directly or indirectly charged any fees related to recruitment. Proof can include a contract with the recruiter which states this requirement, proof that the recruiter is registered with a provincial or territorial registry, by clearly communicating this requirement to the foreign worker, and/or receiving the foreign worker’s confirmation that they were not charged any recruitment fees directly or indirectly.
  • Provincial/territorial employer and recruiter registration certificate/license.
  • Proof that reasonable efforts have been made to provide foreign workers with access to healthcare services if they are injured or become ill at the workplace.
  • Evidence of the employer providing a good or service such as: the business license or permit, CRA number, T2 Schedule 125 Income Statement Information and T2 Schedule 100 Balance Sheet Information, commercial lease agreement, etc.
  • A contract or letter from a legal business confirming the existence of a contract for a good and/or a service being provided.
  • Letter showing registration with provincial/territorial workplace safety/workers’ compensation clearance to ensure that the employer has registered for workplace safety insurance and is in good standing.
  • If applicable, copy of a Collective Bargaining Agreement.
  • If applicable, copy of a Work-Sharing Agreement.
  • If the foreign worker is no longer employed by the company, copy of a Record of Employment.
  • Copy of the foreign worker’s work permit.

In our next post in the employer compliance series, we will go through the process of inspections and the broad powers of inspectors. Stay tuned.

If you have any questions about employer compliance with the IMP, TFWP, or inspections, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

2025 Immigration Mid-Year Updates

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We have already reached the middle of 2025 and there are some important updates across the board to be mindful of.

Express Entry Priorities

The federal government’s current priorities with respect to economic immigration in the Express Entry system are healthcare and social services, education, provincial nominees, and for the Canadian Experience Class, those with high scores. For the Canadian Experience Class, the last draw had a cut-off score of 521, which is quite high given that job offer points are currently not being counted. There has been no French language draw since March 21st. The rounds of invitation for Express Entry can be viewed here: Ministerial instructions respecting invitations to apply for permanent residence under the Express Entry system – Canada.ca

Update to Wage Thresholds for Low-Wage and High-Wage LMIAs

On June 27th, the wage thresholds in each province and territory distinguishing between low-wage and high-wage LMIAs was updated. The wage thresholds can be viewed here: Hire a temporary foreign worker in a high-wage or low-wage position – Canada.ca

Ontario Immigrant Nominee Program New Portal

The Ontario Immigrant Nominee Program (“OINP”) is moving to a new Employer Portal for the OINP Employer Job Offer streams. This new portal will be an employer-led process where employers will need to initiate the application by registering and providing employment position information, which in turn will enable applicants to register an Expression of Interest (“EOI”).

All existing EOIs were withdrawn on June 21st and June 22nd. From June 27th to June 29th, the OINP system will be unavailable for all OINP Streams as the new Employer Portal is set up. On July 2nd, the Employer Portal will open for registration and previous EOIs will need to be submitted again.

OINP Draws in June

The OINP conducted draws in early June. These draws were limited as the OINP’s allocation from the federal government has dropped significantly as the government’s priority in decreasing the number of new permanent residents continues. The draws targeted the healthcare occupations and less populated areas of Ontario outside of Southern Ontario. For the In-Demand Skills stream, draws targeted health occupations, those in Northern Ontario, and those in Greater Sudbury. For the International Student stream, draws targeted health occupations, Eastern Ontario, Northern Ontario, Greater Sudbury, and the Regional Economic Development through Immigration Pilot (Lanark County, Leeds and Grenville, Sarnia-Lambton, Thunder Bay). For the Employer Job Offer: Foreign Worker stream, draws targeted Greater Sudbury, Northern Ontario, and the Regional Economic Development through Immigration Pilot (Lanark County, Leeds and Grenville, Sarnia-Lambton, Thunder Bay).

Study Field Requirement for Post-Graduation Work Permits

As part of a policy to limit the number of temporary residents in Canada, the government has restricted students in non-degree programs, which are programs other than bachelor’s, master’s, or doctoral degrees, in applying for post-graduation work permits (“PGWPs”). Those who applied for study permits to study in a non-degree program on or after November 1, 2024, can only qualify for post-graduation work permits if they studied in a certain field.

In an effort to align with Express Entry priorities, 119 new fields of study in sectors like health care and social services, education, and trades were added while 178 fields of study no longer linked to occupations in long-term labour shortages were removed. As a result of these changes, there are currently 920 fields of study that are eligible for a PGWP.  Study programs are assigned a Classification of Instructional Programs (“CIP”) code. Eligible CIP codes can be checked here: Work in Canada after you graduate: Field of study requirement – Canada.ca.

Economic Mobility Pathways Pilot Extension

The Economic Mobility Pathways Pilot in support of refugees and displaced persons with in-demand labour market skills becoming permanent residents has been extended until December 31, 2025. The intake cap is 950 for the job offer stream and 150 for the no job offer stream. The eligibility criteria can be viewed here: Immigrate through the Economic Mobility Pathways Pilot: Who can apply – Canada.ca.

Public Policy Allowing Temporary Residents to Work in New Job or for New Employer After Submitting a Work Permit Application

The policy which was first introduced during the COVID-19 pandemic allowing workers or those authorized to work without a work permit to begin a new job or start working for a new employer after submitting their work permit application and while the application is being processed is still in effect. In order to do so, applicants must submit an IRCC webform and include the code PPCHANGEWORK2020 in the webform message. Detailed instructions can be found here: Extend or change the conditions on your work permit: Changing jobs or employers – Canada.ca

Tightening of Immigration Requirements in Québec

Québec has suspended the Temporary Foreign Worker (travailleurs étrangers temporaires) Stream for temporary foreign workers and Québec Graduates (diplômés du Québec) Stream for permanent resident applicants to November 30, 2025.

This is further to the French language requirements for these streams as follows:

  • Temporary foreign workers: oral comprehension of level 7
  • Québec Graduates: oral comprehension of level 7, written comprehension of level 5
  • Partner or spouse: oral comprehension of level 4

Information about the criteria and the acceptable tests for proof of French language comprehension can be found here: Connaissance du français dans le cadre du Programme de l’expérience québécoise | Gouvernement du Québec.

The Canadian immigration field is constantly changing with new public policies and government priorities. If you have questions regarding immigration, you can reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Employers – The Strategy of Voluntary Disclosures

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Under the Canadian immigration legislation and regulations, employers are required to provide foreign workers with pay and conditions of work that are substantially the same but not less favourable than those stated in the work permit application. You can view these responsibilities in our post about employer compliance: https://www.cilf.ca/2025/05/08/amps/.

Voluntary disclosures are a way for employers to address potential non-compliance before an inspection takes place. If non-compliance is found by Immigration, Refugees and Citizenship Canada (“IRCC”) or Employment and Social Development Canada (“ESDC”) in the context of a voluntary disclosure, penalties may be reduced by up to 4 points (violations are assigned types and points based on the severity of the violation). This may reduce the amount of an Administrative Monetary Penalty (“AMP”) against the employer if an AMP is issued. To be acceptable, a voluntary disclosure must be complete and at the time it is made, the employer must not be under an inspection and no enforcement action related to employer compliance must be taking place. Whether a voluntary disclosure is acceptable or not is also dependent on the severity of the impact of the violation on the foreign national, the severity of the impact of the violation on the Canadian economy or labour market, whether the disclosure was made in a timely manner, the number of times an acceptable voluntary disclosure has been made by the employer, and the nature of the condition with which the employer failed to comply.

Voluntary Disclosure Scenarios

Employers should be strategic regarding voluntary disclosures. Not everything needs to be disclosed to IRCC, and a voluntary disclosure can potentially trigger a wider compliance inspection. The stakes are even higher now that officers have the authority to cancel temporary resident visas and electronic travel authorizations (“eTAs”) if a work permit is refused, or a work permit if an administrative error is found. It is recommended that employers seek the advice of immigration counsel before they make changes to a foreign worker’s pay or conditions of work.

As discussed above, a voluntary disclosure may reduce a penalty when non-compliance is found. However, not all voluntary disclosures need to be made in situations of non-compliance. As a worker’s career progresses or there are changes in the employer’s business, increases in pay or promotions are commonplace. When the change in conditions is beneficial or neutral and not detrimental to the foreign worker, IRCC will usually not issue a finding of non-compliance. It is a good idea to file a voluntary disclosure in these situations so that the change is on file in case an inspection occurs later and IRCC questions why the conditions or pay do not match those provided in the initial application.

Such a situation could involve an increase in salary as this is beneficial to the worker.

When there is a change in job title, but the job duties still fall under the same National Occupational Classification (“NOC”) code that was provided in the initial application, this is also usually deemed to not be a violation.

When there is a minor progression in job duties such as an increase in people or areas of responsibility overseen by the worker, but the duties still fall under the same NOC code initially provided, this is typically fine. In this situation, it is also best to proactively provide a voluntary disclosure.  A voluntary disclosure is such circumstances is especially beneficial in relation to an application for permanent residence as it ensures that all information and dates of employment and positions held align and that IRCC has a record of the information.

Another situation where the employer should consider a voluntary disclosure is when there is clarification over the location of work. For example, if one’s workplace moved from one city to another.

When a foreign worker no longer works for an employer, it is also a good idea to file a voluntary disclosure so that IRCC knows about the change. The work permit of the foreign worker is not cancelled, and the employer is not obligated to notify IRCC, but it is still a good idea to submit the voluntary disclosure in case of a future random inspection or an inspection as a result of a disgruntled employee who makes a complaint to IRCC. This will ensure the inspection covers the relevant period of employment.

Sometimes, an employer may need to reduce a worker’s pay or hours due to financial difficulty with the business. For example, during a global pandemic or reduced business from changing geopolitical situations or tariffs, an employer may need to reduce a worker’s hours or pay. When employers make changes that are detrimental to the foreign worker, this is usually non-compliant behaviour. However, if the change affects all workers and not just the foreign worker, such as reduced hours for everyone in a particular position, this may be found to be justified. These situations are complex and it is best for employers to engage immigration counsel to understand the consequences.

If you have any questions about employer compliance and voluntary disclosures, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Employers – An Introduction to Employer Compliance, Warnings, Bans, and Administrative Monetary Penalties – What They Are, How They Work

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Under the foreign worker programs in Canada, the Temporary Foreign Worker Program (“TFWP”) in which Labour Market Impact Assessments (“LMIAs”) are required, and the International Mobility Program (“IMP”) where employers are required to submit an offer of employment, employers have certain responsibilities and must comply with the conditions provided to Immigration Refugees and Citizenship Canada (IRCC) or Employment and Social Development Canada (ESDC).

These include:

  • employing the foreign worker under substantially the same wages and working conditions but not less favourable than those listed in the initial application;
  • employing the foreign worker to work in the same occupation as listed in the initial application;
  • having anti-abuse, anti-harassment, code of conduct policies, complaints policies, dispute resolution policies, etc.;
  • providing foreign workers with the most recent information with respect to their rights in Canada in the language of their choice on or before their first day of work in Canada and having the foreign workers’ rights freely viewable in a common area or on the company website in both English and French;
  • keeping a workplace free of financial, physical, sexual, or psychological abuse;
  • continuing to be engaged in the business for which the foreign worker was hired;
  • ensuring compliance with federal, provincial and territorial laws related to recruitment and employment in the province or territory in which the foreign worker is being hired;
  • making reasonable efforts to provide access to health care services when a foreign worker becomes injured or ill at work;
  • not recovering fees from the foreign worker related to LMIA application filing and employer compliance;
  • ensuring third party recruiters do not charge or recover recruitment fees from the foreign workers;
  • fulfilling the commitments noted in the LMIA application;
  • retention of all relevant documents and information related to the foreign workers hiring and employment for period of 6-years from the date the work permit is issued to the foreign worker

At any time, an employer who has hired a foreign worker under either the TFWP or the IMP can be inspected by ESDC or IRCC for any or all of the above conditions.  Inspections can be triggered by a reason to suspect non-compliance, previous non-compliance, or random selection.

If there is a determination of non-compliance issued to an employer by ESDC or IRCC, the penalty can range from a warning to bans from the program, administrative monetary penalties (AMPs) of up to $100,000 per violation, suspension or revocation of previously issued LMIAs and publication of the employer’s name and address on a public website with details of the violation(s) and/or consequence(s) https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/employers-non-compliant.html.

To determine the monetary penalty that an employer will be levied for non-compliance, violations are divided into three different types. Examples of violations under each type are listed below:

Type A:

  • Failure to demonstrate that any information provided in a work permit application was accurate during a period of six years (e.g. proposed salary, proposed job title, proposed job duties, benefits information).
  • Failure to retain any compliance document with cited conditions for six years.

Type B:

  • Failure to comply with federal and provincial laws relating to employment and the recruitment of employees (e.g. failure to comply with the provincial overtime requirements).
  • Failure to provide the foreign national with employment in the same occupation and substantially the same, but not less favourable, wages and working conditions as outlined in the offer of employment (e.g. paying less than what was indicated at the time of application).
  • Failure to provide the foreign national with a copy, in English or French, of the most recent information regarding the foreign national’s rights in Canada.

Type C:

  • Failure to make a reasonable effort to provide a workplace that is free of abuse.
  • Failure to show that the company is actively engaged in the business in which the offer of employment was made.
  • Charging or recovering from the foreign national any fees related to recruitment either before or during the period of employment or the employer compliance fee or LMIA application fee.
  • Failure to ensure that any person who recruited the foreign national for the employer does not, directly or indirectly, charge or recover from the foreign national the fees indicated.
  • Failure to report at any time and place specified by IRCC or Service Canada to answer questions and provide documents.
  • Failure to make reasonable efforts to provide the foreign national with access to health care services when the foreign national is injured or becomes ill at the workplace.

The AMP is ultimately determined based on the employer’s compliance history, severity of the violation and the size of the employer’s business.  AMPs can range from $500 to $100,000 per violation up to a maximum of $1 million in a 12-month period.

Bans can range from one, two, five, ten years, or can be permanent.

ESDC and IRCC will give employers an opportunity to retroactively address non-compliance through justifications and employers also have an opportunity to disclose a non-compliance in advance of in inspection.  We will share details around these in our upcoming bulletins.

If you have any questions about employer compliance with the immigration legislation, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Announcements – International Experience Canada Work Permits Can Now be Mailed Within Canada – BC PNP Numbers

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IEC Work Permits Inside Canada

Due to the government’s restrictions on flagpoling, which involves leaving Canada for the United States and applying for an immigration status document upon re-entry at the border, IRCC has made changes to the process of issuing International Experience Canada (“IEC”) work permits to those already inside Canada. Until December 1, 2025, as per its instructions here, IEC applicants who are inside Canada can ask that their work permits be mailed to them by submitting a webform. They must have submitted their IEC work permit application while still holding another valid IEC work permit, have a valid IEC approval letter/letter of introduction, and have valid status in Canada at the time of the request (this includes maintained worker status).

Those applying for employer-specific work permits under the Young Professionals and International Co-op categories must include the text:

My employer, [name], located at [address], may be contacted at [contact telephone or email] to confirm my continued employment offer. I intend to begin work for this employer as soon as my work permit is received.

Those applying for open work permits under the Working Holiday category must include the text:

I attest that my circumstances remain the same and I still meet the requirements of the open work permit program I was approved for.

All applicants must include the text:

A112025: I am requesting an A11 examination and the issuance of my work permit from within Canada. My application number is [W#########]. I submitted my IEC application on [DATE]. I received my POE letter of introduction and it is valid until [DATE].

My current contact information in Canada is as follows:

Telephone:

Mailing address:

Residential address:

BC PNP Numbers

The British Columbia (“BC”) Provincial Nominee Program (“PNP”) will only have 4,000 spots available in 2025, which is a reduction of 50% from 2024. BC has announced that approximately 1,100 of the applications will be for workers in healthcare, entrepreneurs, and skilled workers with a high economic impact. The remaining 2,900 spaces will be used to nominate applications already received.

As a result of the federal government’s  reduction of the number of new permanent residents in 2025, only 55,000 new permanent residents are expected to come through PNPs of all provinces and territories.  We are yet to see any announcements from the Ontario Immigrant Nominee Program (OINP) regarding the spots that they have available for the year.  It will not be a surprise if we were to see a similar announcement from Ontario.  Stay tuned.

If you have any questions about the above changes, you can reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Employers – A Reminder to Be Aware of Fraudulent Documents

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It is crucial that employers verify the documents of any foreign workers they employ to ensure that they can legally be employed. Section 124(1)(c) of the Immigration and Refugee Protection Act (“IRPA”) provides that it is an offence to employ a foreign national when they are not authorized to be employed. This is a strict liability offence meaning that even if the employer did not know that they were not allowed to employ that person, by law, they are deemed to know if they did not exercise due diligence.

Documents such as work permits and maintained status letters should be examined carefully and if there are doubts about the authenticity of a document, you can contact immigration counsel to take a second look.

Further, while some companies may hire workers from temporary employment agencies, it is still important that these companies verify that any foreign workers staffed by the agency are permitted to work in Canada. Even though the employer of record may be the agency, since the company using the services of the agency is directing and controlling the work of the workers, the company may be viewed by IRCC as the employer and liable if they are found to employ foreign workers without authorization. It is important to note that there is no definition of employer under IRPA.

If you have any questions about fraudulent documents or employer compliance with the immigration legislation, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

IRCC Scraps Job Offer Points for Permanent Residence

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As perhaps his last act as Minister of Citizenship and Immigration, on March 11, Marc Miller signed a Ministerial Instruction making good on his earlier promise to eliminate points for job offers with respect to Express Entry, Canada’s system for selecting economic immigrants for permanent residence. Effective March 25, 2025, candidates will no longer receive points for a qualifying offer of arranged employment. This is reflected in section 29(1) of the current Ministerial Instructions respecting the Express Entry system.

What this likely means is that individuals who previously held competitive scores in Express Entry due to their job offers (closed work permits) will no longer have a competitive score. These candidates are usually seasoned professionals or executives in Canada pursuant to closed intra-company transferee or professional category work permits and receive no or few points for their age. They will now find themselves at a distinct disadvantage with those candidates between the ages of 20 to 29 who receive the most points for their age. We expect this may be beneficial to the many international students and graduates in Canada who hold open work permits and previously did not receive the job offer points.

Surprisingly, the government has not announced any further changes regarding Express Entry. We had thought that the government might change the points allocated for certain criteria, such as work experience in Canada to make up for the lost points. While it is to be seen whether future draws will have lower scores, we are expecting more draws that target French speakers and key occupations, particularly in the construction trades. Since 2023 and throughout 2024, the government has made clear its intention of increasing the number of French-speakers outside of Québec, with the last French language Express Entry draw on March 21 having a cut-off score of 379, one of the lowest scores we’ve seen in years!   The government has also stated that it intends to take measures to address the skilled trades shortage in Canada, particularly in construction, which you can read about in our previous bulletin here: https://www.cilf.ca/2025/03/20/marchnews/.

People seeking PR may now wish to maximize their chances of securing an invite by submitting an expression of interest for a Provincial or Territorial Nominee Program (“PNP”) if they qualify, for example, with an employer who is willing to support them. However, allocations of permanent resident spots from the federal government to PNPs are down 50%, so this path may not offer a lot of hope either.  We believe provinces and territories have inventory from 2024 that will take up some of their 2025 allocations, which may explain why we have not seen invitations from some provinces.

While the government had said that they were introducing this change to ostensibly clamp down on the number of bogus LMIAs, the fact that it affects both LMIA-based and LMIA-exempt offers of employment suggests more. This scrapping of the arranged employment points seems to fit into the government’s overall strategy of reducing the number of temporary residents in Canada.  It could be that the government is hoping that many in the Express Entry pool will conclude they do not have a path to permanent residence and decide to leave Canada. In other words, the government kills two birds with one stone.  Today’s change will allow them to meet the 20% reduction in permanent residents for the next two years and potentially helping to decrease the number of temporary residents  to 5% of the population over the next 3 years (from around 650,000 to about 500,000).  These targets were announced last fall in response to public opinion that newcomers were steeling Canadian homes, and the government needed time for infrastructure and new housing to catch up with demand.

We understand that this change may completely change the trajectory of many individuals who were relying on their job offer points to have a good shot at becoming permanent residents. If you have any questions about this change and your or an employee’s PR chances, feel free to reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

March News – Reminder to Employers on LMIA and LMIA-Exempt Work Permit Obligations, Government’s Pivot to Construction and Trades, Parent and Grandparent Sponsorship

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Reminder to Employers on LMIA and LMIA-Exempt Work Permit Obligations

Kicking this bulletin off, we’d like to remind employers who have workers on Labour Market Impact Assessment (“LMIA”)-based work permits as well as LMIA-exempt work permits that they have ongoing obligations to report changes in conditions of employment to Employment and Social Development Canada (“ESDC”) or Immigration, Refugees and Citizenship Canada (“IRCC”), as applicable.

Specifically, employers in Canada with foreign worker(s) employees under an LMIA-based work permit must continue to meet certain compliance obligations for the duration of the foreign worker(s) employment with the company on the LMIA-based work permit. One such obligation is to conduct an annual review of the salary being offered to foreign worker(s) to ensure that the salary offered continues to meet the median or prevailing wage throughout the duration of the foreign worker(s) employment with the company on the LMIA-based work permit.  As wages are adjusted on an annual basis by the government, employers must review their foreign worker employees on LMIA-based work permits to ensure that the foreign worker(s) wage continue to meet the median or prevailing wage.  Should the foreign worker(s) wage fall below the new median as a result of the wage adjustment, the employer is obligated to adjust the wage of foreign worker(s) by January 1 of the following year.

The Government’s Pivot to Construction and Trades

In light of the continued need for housing and the skilled trades shortage in Canada, the government has said that it will soon announce new measures for workers in construction and the skilled trades, similar to the previous public policy providing a pathway to PR for out-of-status construction workers in the Greater Toronto Area.

In addition, to increase the number of workers in the construction industry in Canada, the government has implemented a new public policy which allows certain apprentices to study without a study permit. To be eligible for this, the applicant must have a valid work permit, must have a registered apprenticeship agreement with the relevant provincial or territorial apprenticeship or certification authority, and must have a job in an eligible construction occupation: construction managers; home building and renovation managers; civil engineers; civil engineering technologists and technicians; construction estimators; sheet metal workers; welders and related machine operators; electricians; industrial electricians; plumbers; carpenters; cabinetmakers; bricklayers; construction millwrights and industrial mechanics; heavy-duty equipment mechanics; heating, refrigeration, and air conditioning mechanics; electrical mechanics; water well drillers; concrete finishers; roofers and shinglers; painter and decorators; and floor covering installers.

While the government has emphasized its commitment to increase the number of workers in the construction industry and the skilled trades, it has not announced measures to provide paths to permanent residency for the many students and foreign workers who came to Canada during the COVID-19 pandemic up to late 2023 whose time is running out and who do not have viable PR options.

Parent and Grandparents Sponsorship Update

The government has announced that it will not be taking new interests to sponsor in 2025. It will accept 10,000 complete applications for parent-grandparent sponsorship drawn randomly from the existing pool from 2020.

Those who wish to reunite with their parents or grandparents can apply for a super visa which allows them to stay in Canada for up to 5 years at a time and allows for multiple entries for up to 10 years. IRCC recently implemented a policy allowing the insurance policy required for a super visa application to be issued by a foreign insurance company and authorized by the Office of the Superintendent of Financial Institutions.

While the changes above are positive, there is still a gap as the government has not made any announcements with respect to the large number of international students who are running out of status. If you have any questions with respect to the above, or wish to have an audit of your employer compliance obligations in advance of a compliance inspection, please feel free to reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

We Enter March With Several Immigration Announcements

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Permanent Residence – Category-Based Express Entry Draws

Express Entry is the system under which the profiles of PR hopefuls are assigned points based on factors like age, education, official language skills, and work experience. Over the past few years, the government has been conducting targeted draws to meet immigration targets and boost certain economic sectors. To begin March, the government has announced that the focus of its draws for Express Entry will be for those who have work experience in Canada under the Canadian Experience Class. It has also announced that it will continue with Francophone draws to meet its Francophone immigration targets as well as draws specifically for health care and social services (including family physicians, nurse practitioners, dentists, pharmacists, psychologists, and chiropractors), trades (including carpenters, plumbers, and contractors), and education (such as teachers, childcare educators, and instructors of persons with disabilities). It has not mentioned anything about STEM or agriculture-sector draws, which could mean that they will no longer be conducting targeted draws under these categories.

This update to the Express Entry draws may be followed by the implementation of changes to the points under Express Entry for Canadian job offers. The government said it would do away with points for job offers some time in spring, but has not provided a date on when this will be implemented.

CUAET Extension

The government has also announced that it will allow those in Canada under the Canada-Ukraine Authorization for Emergency Travel (“CUAET”) who arrived on or before March 31, 2024, to apply for a new open work permit to be valid for up to three (3) years, renew an existing open work permit, or apply for a new study permit up to March 31, 2026. This will be welcome news to many thousands of Ukrainians who came to Canada since the large-scale Russian invasion and war began on February 22, 2022. Since then, close to 300,000 Ukrainians came to Canada under the CUAET. However, there is no specific permanent solution to allow these individuals to stay in Canada with PR status, and CUAET beneficiaries are required to apply for PR status under the regular PR pathways.

Home Care Worker Immigration Pilot

On March 31, 2025, Immigration, Refugees and Citizenship Canada (“IRCC”) will also implement the Home Care Worker Immigration pilots which are similar to past PR pilot streams for home care workers of children and elderly people. Applicants will need to do an approved language test and achieve CLB 4 in English or NCLC 4 in French, showing a basic ability to understand and communicate in familiar situations; have a high school diploma or higher; have at least six (6) months of recent and relevant work experience or a related caregiver training credential; and have a full-time home care job offer in Canada.

Hopefully this harsh start to March will be followed by calmer and more certain circumstances this spring. In the meantime, if you have any questions about the above program changes, please feel free to reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Super Visa (Parents and Grandparents) Health Insurance Changes

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One of the objectives of Canada’s immigration legislation, the Immigration and Refugee Protection Act (“IRPA”) is “to see that families are reunited in Canada” (IRPA, s. 3(1)(d)). In relation to family-class immigration, the government has not conducted a draw to allow Canadian citizens and permanent residents to sponsor their parents or grandparents since 2020. This is likely due to the substantial costs of healthcare and social services for older adults and the fact that older adults are less likely to be working and providing tax revenue to the government. In lieu of sponsorship for permanent residence (“PR”), there is the super visa.

A super visa is a multiple-entry visa that can be valid for up to 10 years or to the expiry of one’s passport. It allows non-Canadian parents and grandparents to visit their Canadian citizen, PR, or registered Indian child or grandchild for up to five (5) years at a time. The hosting child or grandchild must be at least 18 years old, meet the minimum necessary income requirement based on family size, and promise to provide financial support for the duration of their parent’s or grandparent’s visit. The parent or grandparent must have a valid private health insurance policy.

Previously, the health insurance policy must have been from a Canadian insurance company. However, the government announced recently that the health insurance policy can now be from a company outside of Canada provided the following requirements are met:

  • Issued by a foreign insurance company authorized by the Office of the Superintendent of Financial Institutions (“OFSI”) to provide accident and sickness insurance; and
  • Appears on the OFSI’s list of federally regulated financial institutions; and
  • The policy is issued or made during the course of its insurance business in Canada.

By expanding the eligible list of insurance providers to companies outside of Canada, this change may make it easier for parents and grandparents to find a valid insurance policy.

If you have any questions about reunifying with your family members in Canada or about super visas, please feel free to reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.