Welcome News for Tech Employers, Employers in Seven Sectors and a Few Other Tidbits

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On April 4 Canada announced the Temporary Foreign Worker (TFW) Program Workforce Solutions Road Map, designed to support Canada’s continued economic growth, which is outpacing the ability of many employers to find workers. This announcement signals that the Canadian Government is recognizing the need to improve the TFW Program to better meet the actual needs of the current labour market. It also is likely a response to assist those with a path to permanent residence to give them more time to obtain permanent residence status, necessitated primarily due to large government inventories of applications invited in 2021 which in turn has caused much slower processing times than normal. In any event, it is very welcomed news for workers and employers in Canada. Here are the details:

The Solutions Road Map announces five key policy changes that will be implemented in the coming weeks.

Effective Immediately:

  • Removal of limits to the number of low-wage positions that employers in seasonal industries, such as fish and seafood processing, can fill through the TFW Program. In addition, the maximum duration of these positions will be increased from 180 days to 270 days per year.
  • Labour Market Impact Assessments (LMIAs) will be valid for 18 months, an increase from 9 months. (Prior to COVID-19, LMIA’s were valid for 6 months).
  • The maximum duration of employment for High-Wage and Global Talent Streams workers will be extended from 2 years to 3 years. This extension will help workers access pathways to qualify for permanent residency, enabling them to contribute to our workforce for the long-term.

Effective April 30:

  • Employers in seven sectors with demonstrated labour shortages employers will be allowed to hire up to 30% of their workforce through the TFW Program for low-wage positions for one year. These seven sectors are: Hospitality, Food Service, Healthcare, Manufacturing, Construction, Retail Trade, and Trucking. All other employers will be allowed to hire up to 20% of their workforce through the TFW Program for low-wage positions until further notice, an increase from the former 10% cap for many employers.
  • The Government will end the current policy that automatically refuses LMIA applications for low-wage occupations in the Accommodation, Food Services, and Retail Trade sectors in regions with an unemployment rate of 6% or higher.

Recognizing that these measures are helpful only if applications can be processed in a timely manner, Service Canada also recently implemented measures to increase capacity and expedite the processing of LMIA applications. This includes increases in staffing resources and the creation of an online LMIA portal for the submission of applications. Our team of experts can help you navigate the complexities of an LMIA application, discuss the requirements and process, and assist the submission of a strong application package.

If you would like to meet with one of our Canadian immigration law professionals to discuss your specific circumstances and potential strategies, we are happy to advise. Our legal professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca; trahan@cilf.ca

Not an April Fools Joke!

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Starting today, April 1, fully vaccinated travelers coming to Canada no longer require a PCR or antigen COVID-19 test to enter Canada. This announcement comes amid calls for loosening of the strict travel restrictions due to stable COVID-19 case counts. Fully vaccinated travelers are those who have received at least two doses of an accepted vaccine (consult the Government list to find out which vaccines qualify: https://travel.gc.ca/travel-covid/travel-restrictions/foreign-sept7-vaccine) or at least one does of Janssen/Johnson & Johnson vaccine.

Travelers are still required to fill out the ArriveCan app, using the most up to date version of the app, prior to arriving and may still be selected for random testing upon arrival. If selected, they may be given a take-home test, or sent to a nurse if arriving at an airport. Travelers collect tests or go for swabs, then continue on to their final destinations. There is a limited number of exemptions to the post arrival testing, which you may be eligible for.

It is important to also remember that United States rules are different, and travelers returning to US by air still need to present a negative COVID-19 test.

The reprieve from pre arrival testing may be temporary, as there is already news of a 6th COVID-19 wave and climbing infection rates. The situation is in constant flux.

If you would like to meet with one of our Canadian immigration law professionals to discuss your specific circumstances and potential strategies, we are happy to advise. Our legal professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca; trahan@cilf.ca

Border Restrictions – A Step in the Right Direction

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As part of a phased easing of border restrictions, the Government of Canada on February 15, 2022, announced a number of adjustments to existing border restrictions. These measures will come into effect, February 28, 2022. These include:

What will change:  

  • Scrapping the mandatory PCR testing for fully vaccinated travellers entering Canada. Travellers will now have the option of completing a rapid COVID-19 rapid antigen test, taken one day prior to travel to their scheduled travel to Canada administered by a third party such as laboratory, healthcare entity or telehealth service. A rapid antigen test conducted at home using a kit will not be accepted.
  • While randomized testing upon arrival into Canada will remain in effect, travellers will no longer be required to quarantine while awaiting their test results.
  • Unvaccinated children under the age of 12, travelling with fully vaccinated foreign nationals will no longer be required to wait for 14 days after they have travelled to Canada to be able to attend school or daycare.
  • International flights will now be permitted to land at all Canadian airports that have the ability to receive international passengers.
  • Finally, as part of this announcement, the Government is also lifting the non-essential travel advisory for Canadians.

What will not change:  

  • Unvaccinated foreign nationals, who do not meet one of the exemptions, will continue to be prohibited from entering Canada.
  • The testing requirements for unvaccinated eligible travellers will continue, i.e.: they will be required to undergo a test on the day of their arrival; Day 8 and will need to quarantine for 14 days.

The announcement today is definitely a step in the right direction, as the Canadian Government appears to be harmonizing its entry requirements with that of the U.S. Similar to the U.S., fully vaccinated travellers now have the option to take a rapid antigen test for entry to Canada. However, unlike the U.S., where a COVID-19 test is not required for entry to the U.S. by land, Canada continues to require a COVID-19 pre-entry test for land border entries as well.

Further, in today’s announcement there was no mention to bring back the pre-entry testing exemption for Canadians for short trips to the U.S. for 72 hours or less. This exemption was especially beneficial for cross-border business travellers. This exemption had come into effect on November 30 but ended on December 21, 2021, as cases of COVID-19 were rising due to the Omicron variant.

Despite several border restrictions that will continue to remain in effect, overall today’s announcement is extremely positive. In particular, business travellers will benefit from the option of a rapid antigen test. These individuals have been struggling to manage the timing of the PCR test and ensuring that the test was completed within the specified timeframe and not too far in advance, so that they are able to-enter Canada. With short trips specifically, the ability for these travellers to meet this requirement has also been very challenging. With the rapid antigen test option, one can hope that some of these logistical challenges will be alleviated.

If you would like to meet with one of our Canadian immigration law professionals to discuss your specific circumstances and potential strategies, we are happy to advise. Our legal professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca; trahan@cilf.ca

What is Happening with Express Entry?

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It has now been over 4 months since IRCC issued invitations to apply in the Canadian Experience Class (CEC), and over one year since invitations were issued to candidates for the Federal Skilled Worker Program (FSWP). This has left us wondering when invitations will start up again, how many invitations will be coming in 2022, and what points total will be needed to secure an invitation over the next year.

We finally learned some clues this week when an Access to Information request led to the release of an internal IRCC memo discussing the Express Entry situation. Highlights from the memo include:

  • The current inventory of economic immigration applications already in process that still need to be finalized is high. In fact, it is so high that processing the existing inventory alone will allow IRCC to meet 2022 admissions targets.
  • Many in the processing inventory applied through the new Temporary Resident to Permanent Resident (TR to PR) Pathway that targeted essential workers and international graduates in Canada, so the introduction of this new program contributed significantly to the inventory growth.
  • No new federal program Express Entry draws will be needed in the first half of 2022 to meet admissions targets. When draws do restart, it is anticipated that the score needed to receive an invitation will be higher than 500.
  • The number of invitations issued in the Canadian Experience Class, the Federal Skilled Worker Program and the Federal Skilled Trades Program may be reduced by more than 50% as compared with previous years.
  • There are an estimated 207,000 candidates in the Express Entry candidate pool as of January 2022.

Many who were planning to use the Federal Express Entry programs as a route to Canadian permanent residence may need to reconsider their strategy in light of this information. Candidates for the Canadian Experience Class with scores above 500 are likely still in a good position to receive an invitation within the next year, but they may need to renew their temporary status in Canada, given that invitations are not expected until the second half of 2022. Many who hoped to obtain an Open Bridging Work Permit to continue working in Canada pending permanent residence may not be able to utilize that strategy, and will need to seek the support of their employers to continue working in Canada beyond the expiry of their current permits.

Candidates whose scores are or will be less than 500 may need to explore alternative paths to permanent residence. Those who could potentially qualify for permanent residence via a provincial nomination program, for example, should be exploring that option. Others may need to reevaluate whether they have a viable route to Canadian immigration at all.

If you would like to meet with one of our Canadian immigration law professionals to discuss your specific circumstances and potential strategies, we are happy to advise. Our legal professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca; trahan@cilf.ca

International Experience Class Open for 2022

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The International Experience Canada (IEC) candidate pools are open for the 2022 season and the first rounds of invitations of the season are expected to take place this week. Demand for the IEC program tends to be high and the number of spots available for the year are limited. We expect that demand will be great this year since many businesses in Canada that often rely on workers from the IEC program, including hotels, ski clubs, and restaurants) are experiencing acute labour shortages. Those who are interested should act promptly to maximize their chances of being invited.

The IEC program is based on bilateral youth mobility agreements which Canada has with multiple partner countries which facilitate the issuance of work permits to citizens of the participating countries aged between 18-35 or 18-30 (age limits vary by country). Current participating countries are Andorra, Australia, Austria, Belgium, Chile, Costa Rica, Croatia, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hong Kong SAR, Ireland, Italy, Japan, Republic of Korea, Latvia, Lithuania, Luxemburg, Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom.

There are three different work permit categories under the IEC program, two of which are employer specific work permits and the third of which is an open work permit. The categories include:

  1. the Young Professional category, which requires that the candidate has a job offer in Canada that contributes to their professional development.
  2. the International Co-op category, which is intended for post-secondary students who wish to complete the work placement or internship, which forms an essential part of their studies, in Canada.
  3. the Working Holiday category, which does not require that the candidate has a job offer in Canada and gives the holder flexibility to work in a wide range of occupations across the country. A large number of service industry personnel, particularly in seasonal positions at holiday resorts, are IEC work permit holders.

The categories available and the duration for which an IEC work permit will valid be vary by country based on the terms of the applicable agreement. Most of the agreements allow for the issuance of a work permit valid for a duration of at least one year, if not two years, and in some cases, a second participation is permitted.

A similar program exists for US citizens aged 18-35 called the SWAP program.

An option to secure an additional IEC work permit for a candidate who has already participated in the IEC based on their country of citizenship may exist via a recognized organization.

Over the past couple of years, due to the impact of the COVID-19 pandemic, the IEC program has only been partially open. In 2020, the program stopped issuing invitations in March, shortly after it had opened for the season, and there were extensive processing delays for those applicants who had already submitted their applications. In 2021, all candidates, including Working Holiday candidates, required a job offer in Canada.

Processing times did improve in 2021 which we expect is at least in part attributable to the fact that IEC work permit applications submitted on or after April 1, 2021 benefit from a departmental policy pursuant to the Service Fees Act which provides for a partial refund (25-50% depending on the extent of the delay) of the processing fee where the service standard of 56 days is not met.

An IEC work permit can be a great option to secure another work permit for a foreign national in Canada whose work permit is nearing its expiry, including for those who had hoped to secure an invitation to apply for permanent residence who have been impacted by the pause on CEC draws presently. It is important, however, to note that a pending IEC work permit application does not provide the foreign national with maintained status to continue to work or remain in Canada while the IEC work permit application is in process.

Once an IEC work permit application has been approved, it may be necessary for a foreign national who is already in Canada to exit and re-enter Canada to have the work permit issued. A public policy which facilitated inland issuance of IEC work permits during the pandemic has expired and it remains to be seen whether it will be extended.

For further advice on the ins and outs of IEC work permits, please contact one of our legal professionals by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca; trahan@cilf.ca

Tough new legislation from Ontario Ministry of Labour introduces unprecedented support for vulnerable workers

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Ontario Minister of Labour, Training and Skills Development, Monte McNaugton is making good on his government’s promise to crack down on unregulated temporary help agencies (THAs) and recruiters and business who are using unlicensed operators. The problem of unregulated THAs and recruiters is well documented by ministry officers who have conducted inspections. Their reports show that multiple THAs in Ontario are illegally paying people below the minimum wage and denying other basic employment rights, in an effort to gain a competitive advantage by undercutting rates.

More than 2,000 THAs in Ontario place hundreds of thousands of workers in seasonal and short-term office, agriculture, hospitality, and other sectors. Some of these firms have been caught failing to comply with Ontario employment law on paying workers minimum wage, overtime and vacation pay. Economic uncertainty brought on by the pandemic saw a rise in the use of THAs in Canada. Recent enforcement campaign by Ontario Ministry of Labour investigated temp agencies supplying workers to retirement homes, food processing pants, and warehouses, found evidence of $3.3 million in unpaid wages.

Proposed legislation would require THAs and recruiters to have a license to operate in the province. It would also empower the Ministry to punish those who continue to abuse their workers. A dedicated team of inspectors will be tasked with vetting THAs and recruiters before issuing them a license to operate. Penalties will be issued against unlicensed agencies and recruiters, as well as companies who employ them. THAs and recruiters who want to obtain a license would need to provide an irrevocable letter of credit that could be used to repay owed wages to workers. Businesses who use deceitful recruiters will be required to repay workers for illegal fees charged. A system is put in place to completely shut down agencies who are found to be exploiting staff.

Though this legalization is designed to cover domestic and foreign temporary workers, there is little doubt that the latter group are more susceptible to workplace abuse, as they are often less aware of rights and responsibilities under employment standards and feel less empowered to report transgressions they are experiencing. Illegally operating agencies and employers exploit foreign works by withholding their passports or paying them less than minimum wage. These changes should be a welcome step in a larger effort to combat workplace abuse.

Just because a company is not considered an “employer of record”, for employment purposes, does not necessarily mean they are not subject to other laws when it comes to foreign workers.Companies must still ensure all temporary workers placed by a recruiting company or third party, are legally able to work in Canada and understand if their work permit restricts who they can work for, the type of work they can do and the number of hours they can work. In accordance with the Immigration and Refugee Protection Act (IRPA), it is an offence for a company to employ anyone that is not legally authorized to work in Canada and employers that do not take reasonable steps to determine whether employment is authorized, are deemed to know that it is unauthorized. If you are unsure whether someone can legally work in Canada, contact one of our lawyers or immigration consultant for advice.

If the legislation is passed, the government intends to require licenses as early as 2023.

If you have further questions about this legislation, please contact one of our lawyers. Our professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca; trahan@cilf.ca

Updated Guidance on Entry to Canada – Sept 9, 2021

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Effective September 7th, as part of Canada’s phased approach to easing border measures, the Government is now allowing for discretionary travel by foreign nationals from any country provided that they have are fully vaccinated with a vaccine approved by the Government of Canada at least 14 days prior to entering Canada.

 

What’s New

  • Fully vaccinated foreign nationals may now travel to Canada for any purpose (including discretionary (non-essential) purposes) if they are fully vaccinated with a vaccine approved by the Government of Canada. Currently, approved vaccines include Pfizer-BioNTech, Moderna, AstraZeneca/COVISHIELD, and Janssen (Johnson & Johnson).
  • Because fully vaccinated travellers can now travel to Canada for any purpose, foreign nationals from visa exempt countries may now be able to apply for work permits upon entering Canada and may no longer need a letter of introduction. There appears to be some ambiguity in the policy governing work permit applications. Please reach out to a CILF lawyer to find out whether this strategy is appropriate for your case.
  • As of August 28, 2021 and until at least September 29, 2021, Canada has banned all direct flights from Morocco.

 

What Has Not Changed

  • Travellers must continue to provide information through ArriveCan (app or web portal), including proof of vaccination prior to departure.
  • All travellers, with few exceptions, must meet re-entry testing requirements (i.e. molecular test within 72 hours of scheduled departure of flight or 72 hours prior to entering by land).
  • All travellers must be asymptomatic upon arrival.
  • All travellers must have a paper or digital copy of their vaccination documentation English or French (or certified translation, along with the original).
  • All travellers must present a suitable quarantine plan, and be prepared to quarantine, should they not meet all conditions required to be exempt from quarantine.
  • All travellers must wear masks at airports and on board all flights to, from and within Canada.
  • All unvaccinated travellers (including unvaccinated children except those under 5 years of age) must continue to undergo Day 1 and Day 8 COVID-19 molecular tests and complete a 14 day quarantine, subject to limited exceptions.
  • The ban on direct flights from India remains in place.
  • Travellers with a right to entry (e.g. Canadian citizens and permanent residents), or travellers who qualify for entry under another exemption (e.g. immediate or extended family member) or who are coming to Canada for essential reasons (such as temporary foreign workers, or international students) will not be denied boarding, but will be required to submit information relating to their vaccination status via the ArriveCAN app or website.
  • All travellers must follow public health measures in place, such as monitoring for signs and symptoms of COVID-19, wearing a mask when in public and keeping a copy of their vaccination documentation and test results-as well as a list of close contacts and locations visited for 14 days after entry to Canada.
  • Entry to Canada will continue to be prohibited for travellers who are not fully vaccinated, unless they already meet an exemption set out in the Orders made under the Quarantine Act.

 

What Else You Need to Know

  • Ensure that you are using the updated version of ArriveCAN. The Government of Canada advises that the app was updated today.
  • While unvaccinated children under 12 without symptoms and travelling with fully vaccinated parents/guardians are not required to quarantine, they are prohibited from attending a setting where they may have contact with vulnerable people (e.g., long-term care facility), school/camp/daycare, travel on crowded public transit that does not ensure physical distancing and masking (e.g., crowded subway), or large crowded settings, such as an amusement park or sporting event.
  • Expect long delays boarding planes, entering Canada as agents decipher and administer all of these rules.

If you have further questions about this program, please contact one of our lawyers. Our professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca

Relief for the Construction Industry

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In 2020, IRCC introduced a special program to allow out-of-status construction workers in the Greater Toronto Area (GTA) to regularize their status. The public policy was implemented in response to numerous studies confirming massive labour shortages in the construction industry in the GTA, and the key role that out-of-status workers have played in filling the gap. Though they have made significant contributions to filling a regional labour market need, those without immigration status in Canada are in a highly vulnerable position, unable to enforce their employment rights and often lacking access to critical health and safety measures. The original iteration of the program allowed 500 construction workers and their immediate family members to become Canadian permanent residents.

The initial temporary program ended on July 30, 2021, but it has now been replaced by a new, similar program with revised eligibility criteria. To qualify, an out-of-status construction worker must:

  • Have initially legally entered Canada as a temporary resident;
  • Have continuously resided in Canada for a minimum of five years;
  • Be working without authorization at the time of application and have accumulated three years of full-time work experience in construction in the GTA (with or without valid immigration status);
  • Have a family member living in Canada who is a Canadian citizen or permanent resident, or have a spouse, common-law partner or child in Canada;
  • Have a referral letter from the Canadian Labour Congress (CLC) confirming that eligibility requirements are met;
  • Not be inadmissible to Canada for any reason other than overstaying and working without authorization.

The new policy will be in place either to January 2, 2023, or until 500 applicants (and their accompanying family members) have been granted permanent residence.

If you have further questions about this program, please contact one of our lawyers. Our professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca

Back To School: What Foreign Students Need to Know to Get Back to Canada

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It is that time of the year again, we are a month way until school starts in Canada. The Canadian Government through various measures, and announcements during the pandemic has made it evident that international students contribute significantly to the Canadian economy. Therefore, it is not surprising that they have put policies/measures in place to ease international students’ travel to Canada while ensuring the safety of Canadians.

To be able to travel to Canada as an international student, they must present the following:

  • have a valid study permit or letter of introduction that demonstrates that they have been approved for studies in Canada
  • an acceptance letter confirming attendance at a designated learning institution with a COVID-19 readiness plan approved by the school’s province or territory
  • must have a 14-day quarantine plan in place (even if they meet quarantine and testing exemptions) in the event that an officer at the border determines that they do not qualify for exemption from quarantine
  • submit all COVID-19 information through the ArriveCAN app prior to travel, including: the quarantine plan information; proof of vaccination (if applicable) and pre-testing results 72 hours in advance of travel

Special Provision for an immediate family member of an international student:

An immediate family member (for example: spouse or a parent) of international students may be allowed to travel to Canada with the student, if they can demonstrate both to the airline and border officer that their travel is non-discretionary. Normally, immediate family members of foreign nationals travelling to Canada from outside the United States would require an authorization letter from Immigration, Refugees and Citizenship Canada (“IRCC”) to be able to board a flight and travel to Canada.

For international students, the Government of Canada has made an exemption where if a family member is travelling with a student, they will not be required to obtain an authorization letter from IRCC to be travel with the student. As long as they have the appropriate entry documentation such as an electronic travel authorization document (“eTA) or a temporary resident visa (TRV) and demonstrates that their travel to Canada is non-discretionary (for example they are here to support with the student settling down and they will be here for at least 15 days or more), they should be able to enter Canada. – For family members accompanying an international student, only one family member is eligible for travel without an authorization letter. An authorization letter will be required for the second parent.

Things to remember: 

  • At the time of travel, the individual must be asymptomatic
  • An international student must not book travel to Canada 30 days prior to commencement of classes as they maybe refused boarding
  • To be eligible for a quarantine exemption, they must have received the full series of the COVID-19 vaccine accepted by the Government of Canada; have received their last dose at least 14-days prior to travel; and upload proof of vaccine in the ArriveCAN app
  • Effective August 9, 2021 the mandatory three-day hotel quarantine will be eliminated for air travellers, and fully vaccinated travellers will not be required to complete a test upon arrive unless, they are randomly selected to do so
  • Unvaccinated travellers will still need to quarantine for 14 days and complete the mandatory testing requirements on the day of arrival and day 8
  • Cross border students may be exempt from quarantine upon arrival in Canada if the province or territory is accepting cross-border students. Currently British Columbia is the only province accepting cross border students
  • Ability to travel to Canada may be impacted by specific restrictions in the individual’s home country. For example, the Government of Canada has suspended flights from India until August 21, 2021

If you are planning a trip to Canada, we still recommend that you consult with one of our team members. Our professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca