LMO article.

Old Apr 25th 2008, 9:18 am
  #1  
Forum Regular
Thread Starter
 
NBJW's Avatar
 
Joined: Nov 2007
Location: Peterborough, Ontario.
Posts: 115
NBJW is an unknown quantity at this point
Default LMO article.

Hi all , I came across this article and thought it was informative.
It suggests the turnaround time of an LMO in Ontario being completed in 15 working days! And also explains that only factors(D) and (F) are mandatory!

Labour market opinions: the Ontario perspective
By Barbara Jo Caruso

--------------------------------------------------------------------------------

Ten years ago, applying for a labour market opinion was the exception and not the rule. Instead, practitioners frequently relied on the various exemption codes under the Immigration Act, particularly E-19 – significant benefit. Since the Immigration and Refugee Protection Act (IRPA) came into force in June 2002, it is impossible to practice in the area of immigration law without making an application to Service Canada’s Foreign Worker Unit (formerly Human Resources Skill Development Canada) for a labour market opinion. A great deal has changed in the criteria and the approach to obtaining a labour market opinion (LMO). The “Canadian-first” attitude of Service Canada officials has eroded, and the focus is now on the six criteria set out in Regulation 203.

Regulation 203(3) states:

Factors – An opinion provided by the Department of Human Resources Development shall be based on the following factors:

(a) whether the employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens or permanent residents;

(b) whether the employment of the foreign national is likely to result in the creation or transfer skills and knowledge for the benefit of Canadian citizens or permanent residents;

(c) whether the employment of the foreign national is likely to fill a labour shortage;

(d) whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards;

(e) whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents; and

(f) whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.

Counsel should ensure their legal submissions specifically address each of these criteria.

Only factors (d) – prevailing wage – and (f) – impact labour dispute – are considered mandatory. It is also important to note that although the criteria is being applied at each Regional Service Canada Office there are some inconsistencies in the application of the criteria between each Regional Office. Accordingly, practitioners must be familiar with each office’s particular requirements to meet each of the six criteria set out in Reg. 203.

On Nov. 21, 2005, new application forms appeared on Service Canada’s website. These forms include an Appointment of Representative Form, which replaces the need for an original letter on company letterhead. The new forms have a new box for an “Employer ID No.,” a number that assigned to employers to allow Service Canada to search by employer number instead of by the telephone number or company name (a practice in the past that often led to duplication of data).

Sufficient evidence of efforts to recruit Canadians should, where available, be included in order to address the criteria of labour shortage. Note this is not a mandatory criterion. The advertising must be reasonable for the industry.

For example, if the position is in the IT field, it would be reasonable that the advertising be placed on a website. Service Canada’s Regional Office in Ontario does not require the résumés of every candidate that applied for the position. Instead, they suggest a summary be prepared and the résumés kept in your client’s file until the position is filled.

In Ontario, the Service Canada officer will review the advertisement to determine if it is reasonable, given the occupation and position. In some instances, it is not reasonable or appropriate to include the salary in the advertisement; however, generally for low-skilled jobs the wage should be included in the advertisement.

With respect to determining whether a wage is fair market value, Service Canada uses various resources, including the following:

http://www.labourmarketinformation.ca
http://www.jobfutures.ca
http://www.councils.org/tasc/nav.cfm...in&p=index&l=e
http://www.hrsdc.gc.ca/en/hip/hrp/sp/research.shtml
city/municipal websites, provincial websites, industry association websites, and Chambers of Commerce/Regional Development organizations of Statistics Canada.
Counsel should make clear arguments as to why an employer is only able to offer a wage less than the prevailing market. These arguments are likely to be more compelling if the business is in a rural location and the business can not match the average wage for the occupation in an urban centre. If the company has wage studies or industry sector information, counsel should submit these to Service Canada.

It is critical to identify an appropriate National Occupation Classification. Counsel should not leave this decision to the Service Canada officer. The NOC occupation is used by Service Canada officers to identify wages and labour market trends. Also, the NOC is used to accurately describe duties and employment requirements.

Counsel should verify that the foreign worker meets the employment requirements listed by the employer on the application form. Otherwise, Citizenship and Immigration could refuse the application for a work permit even if the LMO is issued.

If an application is marked urgent, and received by the Regional Service Canada Office in Ontario, they will try to deal with it on an urgent basis. However, the reason for the urgency must be clearly explained and cannot be due to the employer’s failure to deal with the matter. Applications can be faxed; however, the Ontario Regional Service Canada office requires either an original letter from the employer or the original appointment of representative form appointing a third-party representative, so courier is recommended over facsimile.

If you have an urgent matter, it is often advisable to call the Ontario manager and leave a message with respect to the nature of the matter, the reason for the urgency, and the deadline. This way, the manager can be prepared to deal with your urgent request before the office receives it. Counsel should also consider using confirmation exemption code C-10 in an urgent circumstance to bypass the LMO process completely. The Foreign Workers Manual provides guidelines with respect to the use of this exemption category in an urgent circumstance.

The LMO process can be time consuming. Typical processing times across Canada are four to six weeks for approval. In Ontario, processing times are close to the pre-IRPA standard of 15 business days from receipt of a complete application. Due to a change in regulations in the fall of 2004, foreign nationals who do not require a visa to enter Canada can apply at the port of entry for a work permit (see Reg. 190 and Reg. 198(2)(a)(i)). Consequently, the length of the entire process to obtain a work permit has not significantly increased, even though processing times for the LMO are generally longer than they were prior to IRPA.

With the increased shortages of skilled workers, a more competitive business environment and a less flexible application of significant benefit confirmation exemption code C-10 cases by Citizenship and Immigration officers, Canadian companies are now routinely turning to Service Canada to approve offers of employment to foreign workers. Counsel can play an important role in advising Canadian companies throughout the process and in assisting Service Canada officers by ensuring applications are complete, and that the six criteria set out in Regulation 203 are each addressed.

Barbara Jo Caruso is a partner with the Corporate Immigration Law Firm in Toronto.
NBJW is offline  
Old Oct 9th 2008, 11:28 am
  #2  
Just Joined
 
Joined: Jan 2008
Location: Toronto, ON
Posts: 24
ajhc is an unknown quantity at this point
Default Re: LMO article.

Originally Posted by NBJW
Hi all , I came across this article and thought it was informative.
It suggests the turnaround time of an LMO in Ontario being completed in 15 working days! And also explains that only factors(D) and (F) are mandatory!

Labour market opinions: the Ontario perspective
By Barbara Jo Caruso

--------------------------------------------------------------------------------

Ten years ago, applying for a labour market opinion was the exception and not the rule. Instead, practitioners frequently relied on the various exemption codes under the Immigration Act, particularly E-19 – significant benefit. Since the Immigration and Refugee Protection Act (IRPA) came into force in June 2002, it is impossible to practice in the area of immigration law without making an application to Service Canada’s Foreign Worker Unit (formerly Human Resources Skill Development Canada) for a labour market opinion. A great deal has changed in the criteria and the approach to obtaining a labour market opinion (LMO). The “Canadian-first” attitude of Service Canada officials has eroded, and the focus is now on the six criteria set out in Regulation 203.

Regulation 203(3) states:

Factors – An opinion provided by the Department of Human Resources Development shall be based on the following factors:

(a) whether the employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens or permanent residents;

(b) whether the employment of the foreign national is likely to result in the creation or transfer skills and knowledge for the benefit of Canadian citizens or permanent residents;

(c) whether the employment of the foreign national is likely to fill a labour shortage;

(d) whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards;

(e) whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents; and

(f) whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.

Counsel should ensure their legal submissions specifically address each of these criteria.

Only factors (d) – prevailing wage – and (f) – impact labour dispute – are considered mandatory. It is also important to note that although the criteria is being applied at each Regional Service Canada Office there are some inconsistencies in the application of the criteria between each Regional Office. Accordingly, practitioners must be familiar with each office’s particular requirements to meet each of the six criteria set out in Reg. 203.

On Nov. 21, 2005, new application forms appeared on Service Canada’s website. These forms include an Appointment of Representative Form, which replaces the need for an original letter on company letterhead. The new forms have a new box for an “Employer ID No.,” a number that assigned to employers to allow Service Canada to search by employer number instead of by the telephone number or company name (a practice in the past that often led to duplication of data).

Sufficient evidence of efforts to recruit Canadians should, where available, be included in order to address the criteria of labour shortage. Note this is not a mandatory criterion. The advertising must be reasonable for the industry.

For example, if the position is in the IT field, it would be reasonable that the advertising be placed on a website. Service Canada’s Regional Office in Ontario does not require the résumés of every candidate that applied for the position. Instead, they suggest a summary be prepared and the résumés kept in your client’s file until the position is filled.

In Ontario, the Service Canada officer will review the advertisement to determine if it is reasonable, given the occupation and position. In some instances, it is not reasonable or appropriate to include the salary in the advertisement; however, generally for low-skilled jobs the wage should be included in the advertisement.

With respect to determining whether a wage is fair market value, Service Canada uses various resources, including the following:

http://www.labourmarketinformation.ca
http://www.jobfutures.ca
http://www.councils.org/tasc/nav.cfm...in&p=index&l=e
http://www.hrsdc.gc.ca/en/hip/hrp/sp/research.shtml
city/municipal websites, provincial websites, industry association websites, and Chambers of Commerce/Regional Development organizations of Statistics Canada.
Counsel should make clear arguments as to why an employer is only able to offer a wage less than the prevailing market. These arguments are likely to be more compelling if the business is in a rural location and the business can not match the average wage for the occupation in an urban centre. If the company has wage studies or industry sector information, counsel should submit these to Service Canada.

It is critical to identify an appropriate National Occupation Classification. Counsel should not leave this decision to the Service Canada officer. The NOC occupation is used by Service Canada officers to identify wages and labour market trends. Also, the NOC is used to accurately describe duties and employment requirements.

Counsel should verify that the foreign worker meets the employment requirements listed by the employer on the application form. Otherwise, Citizenship and Immigration could refuse the application for a work permit even if the LMO is issued.

If an application is marked urgent, and received by the Regional Service Canada Office in Ontario, they will try to deal with it on an urgent basis. However, the reason for the urgency must be clearly explained and cannot be due to the employer’s failure to deal with the matter. Applications can be faxed; however, the Ontario Regional Service Canada office requires either an original letter from the employer or the original appointment of representative form appointing a third-party representative, so courier is recommended over facsimile.

If you have an urgent matter, it is often advisable to call the Ontario manager and leave a message with respect to the nature of the matter, the reason for the urgency, and the deadline. This way, the manager can be prepared to deal with your urgent request before the office receives it. Counsel should also consider using confirmation exemption code C-10 in an urgent circumstance to bypass the LMO process completely. The Foreign Workers Manual provides guidelines with respect to the use of this exemption category in an urgent circumstance.

The LMO process can be time consuming. Typical processing times across Canada are four to six weeks for approval. In Ontario, processing times are close to the pre-IRPA standard of 15 business days from receipt of a complete application. Due to a change in regulations in the fall of 2004, foreign nationals who do not require a visa to enter Canada can apply at the port of entry for a work permit (see Reg. 190 and Reg. 198(2)(a)(i)). Consequently, the length of the entire process to obtain a work permit has not significantly increased, even though processing times for the LMO are generally longer than they were prior to IRPA.

With the increased shortages of skilled workers, a more competitive business environment and a less flexible application of significant benefit confirmation exemption code C-10 cases by Citizenship and Immigration officers, Canadian companies are now routinely turning to Service Canada to approve offers of employment to foreign workers. Counsel can play an important role in advising Canadian companies throughout the process and in assisting Service Canada officers by ensuring applications are complete, and that the six criteria set out in Regulation 203 are each addressed.

Barbara Jo Caruso is a partner with the Corporate Immigration Law Firm in Toronto.
Wow - where did you find this article published? This is exactly what I was looking for. I've been offered a job in Toronto with a fantastic Public Relations agency that's been trying to fill a senior role for around two years. They have interviewed around 7 people, none of whom have the right communications experience or background in healthcare, like I do. However, the companies advertising efforts have been restricted to their own website, so no national advertising as such, apart from a link from the Canadian Council of Public Relations Firms to the careers section on the companies own site. They only put ad online becuase this is the focus of their business and key target audience for a lot of the work they do (they are big in social networking and online communities). My big concern was that such little advertising would affect a positive LMO for myself.

Al
ajhc is offline  
Old Oct 9th 2008, 12:43 pm
  #3  
Sempai
 
Joined: Sep 2008
Location: Mississauga,ON
Posts: 223
retsujou is a name known to allretsujou is a name known to allretsujou is a name known to allretsujou is a name known to allretsujou is a name known to allretsujou is a name known to allretsujou is a name known to allretsujou is a name known to allretsujou is a name known to allretsujou is a name known to allretsujou is a name known to all
Default Re: LMO article.

Originally Posted by NBJW
Hi all , I came across this article and thought it was informative.
It suggests the turnaround time of an LMO in Ontario being completed in 15 working days! And also explains that only factors(D) and (F) are mandatory!

Labour market opinions: the Ontario perspective
By Barbara Jo Caruso

--------------------------------------------------------------------------------

Ten years ago, applying for a labour market opinion was the exception and not the rule. Instead, practitioners frequently relied on the various exemption codes under the Immigration Act, particularly E-19 – significant benefit. Since the Immigration and Refugee Protection Act (IRPA) came into force in June 2002, it is impossible to practice in the area of immigration law without making an application to Service Canada’s Foreign Worker Unit (formerly Human Resources Skill Development Canada) for a labour market opinion. A great deal has changed in the criteria and the approach to obtaining a labour market opinion (LMO). The “Canadian-first” attitude of Service Canada officials has eroded, and the focus is now on the six criteria set out in Regulation 203.

Regulation 203(3) states:

Factors – An opinion provided by the Department of Human Resources Development shall be based on the following factors:

(a) whether the employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens or permanent residents;

(b) whether the employment of the foreign national is likely to result in the creation or transfer skills and knowledge for the benefit of Canadian citizens or permanent residents;

(c) whether the employment of the foreign national is likely to fill a labour shortage;

(d) whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards;

(e) whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents; and

(f) whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.

Counsel should ensure their legal submissions specifically address each of these criteria.

Only factors (d) – prevailing wage – and (f) – impact labour dispute – are considered mandatory. It is also important to note that although the criteria is being applied at each Regional Service Canada Office there are some inconsistencies in the application of the criteria between each Regional Office. Accordingly, practitioners must be familiar with each office’s particular requirements to meet each of the six criteria set out in Reg. 203.

On Nov. 21, 2005, new application forms appeared on Service Canada’s website. These forms include an Appointment of Representative Form, which replaces the need for an original letter on company letterhead. The new forms have a new box for an “Employer ID No.,” a number that assigned to employers to allow Service Canada to search by employer number instead of by the telephone number or company name (a practice in the past that often led to duplication of data).

Sufficient evidence of efforts to recruit Canadians should, where available, be included in order to address the criteria of labour shortage. Note this is not a mandatory criterion. The advertising must be reasonable for the industry.

For example, if the position is in the IT field, it would be reasonable that the advertising be placed on a website. Service Canada’s Regional Office in Ontario does not require the résumés of every candidate that applied for the position. Instead, they suggest a summary be prepared and the résumés kept in your client’s file until the position is filled.

In Ontario, the Service Canada officer will review the advertisement to determine if it is reasonable, given the occupation and position. In some instances, it is not reasonable or appropriate to include the salary in the advertisement; however, generally for low-skilled jobs the wage should be included in the advertisement.

With respect to determining whether a wage is fair market value, Service Canada uses various resources, including the following:

http://www.labourmarketinformation.ca
http://www.jobfutures.ca
http://www.councils.org/tasc/nav.cfm...in&p=index&l=e
http://www.hrsdc.gc.ca/en/hip/hrp/sp/research.shtml
city/municipal websites, provincial websites, industry association websites, and Chambers of Commerce/Regional Development organizations of Statistics Canada.
Counsel should make clear arguments as to why an employer is only able to offer a wage less than the prevailing market. These arguments are likely to be more compelling if the business is in a rural location and the business can not match the average wage for the occupation in an urban centre. If the company has wage studies or industry sector information, counsel should submit these to Service Canada.

It is critical to identify an appropriate National Occupation Classification. Counsel should not leave this decision to the Service Canada officer. The NOC occupation is used by Service Canada officers to identify wages and labour market trends. Also, the NOC is used to accurately describe duties and employment requirements.

Counsel should verify that the foreign worker meets the employment requirements listed by the employer on the application form. Otherwise, Citizenship and Immigration could refuse the application for a work permit even if the LMO is issued.

If an application is marked urgent, and received by the Regional Service Canada Office in Ontario, they will try to deal with it on an urgent basis. However, the reason for the urgency must be clearly explained and cannot be due to the employer’s failure to deal with the matter. Applications can be faxed; however, the Ontario Regional Service Canada office requires either an original letter from the employer or the original appointment of representative form appointing a third-party representative, so courier is recommended over facsimile.

If you have an urgent matter, it is often advisable to call the Ontario manager and leave a message with respect to the nature of the matter, the reason for the urgency, and the deadline. This way, the manager can be prepared to deal with your urgent request before the office receives it. Counsel should also consider using confirmation exemption code C-10 in an urgent circumstance to bypass the LMO process completely. The Foreign Workers Manual provides guidelines with respect to the use of this exemption category in an urgent circumstance.

The LMO process can be time consuming. Typical processing times across Canada are four to six weeks for approval. In Ontario, processing times are close to the pre-IRPA standard of 15 business days from receipt of a complete application. Due to a change in regulations in the fall of 2004, foreign nationals who do not require a visa to enter Canada can apply at the port of entry for a work permit (see Reg. 190 and Reg. 198(2)(a)(i)). Consequently, the length of the entire process to obtain a work permit has not significantly increased, even though processing times for the LMO are generally longer than they were prior to IRPA.

With the increased shortages of skilled workers, a more competitive business environment and a less flexible application of significant benefit confirmation exemption code C-10 cases by Citizenship and Immigration officers, Canadian companies are now routinely turning to Service Canada to approve offers of employment to foreign workers. Counsel can play an important role in advising Canadian companies throughout the process and in assisting Service Canada officers by ensuring applications are complete, and that the six criteria set out in Regulation 203 are each addressed.

Barbara Jo Caruso is a partner with the Corporate Immigration Law Firm in Toronto.
Yes that is a nice article. I wonder how close to the interpretation of the CIC officer when they interpret the LMO for the TWP this comes though.
retsujou is offline  
Old Oct 9th 2008, 12:47 pm
  #4  
Just Joined
 
Joined: Jan 2008
Location: Toronto, ON
Posts: 24
ajhc is an unknown quantity at this point
Default Re: LMO article.

Yea - you do wonder. I just hope that my, hopefully future employer will satisfy what they are looking for. There has to be exceptions, and they have interview over seven people over the last two years for the job. That has to count for something!

What's your situation?
ajhc is offline  
Old Oct 10th 2008, 12:32 am
  #5  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,166
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: LMO article.

Originally Posted by ajhc
However, the companies advertising efforts have been restricted to their own website, so no national advertising as such, apart from a link from the Canadian Council of Public Relations Firms to the careers section on the companies own site.
I know the above articles differs, but I would have thought that they may well struggle to get a LMO if that's all they've done, the HRSDC very clearly says that jobs must have been advertised nationally - how can they prove no Canadian can do the job if they haven't advertised it widely? The HRSDC website says the following proof of job adverts is required for LMO to be granted:

"You will be asked to provide copies of advertisement in local and national newspapers, recognized INTERNET job banks, job-specific and professional publications, along with receipts to show how long the advertisements were published. The advertisements must clearly show the job duties, position requirements, wages and working conditions."

Seems odd that the HRSDC's own website states very different requirements for LMO from the article above, I don't know who wrote it?


Last edited by christmasoompa; Oct 10th 2008 at 12:44 am.
christmasoompa is offline  
Old Oct 11th 2008, 11:17 pm
  #6  
Yorkshire meets Vegas
 
Joined: Jul 2004
Location: T. ON (so there!)
Posts: 1,354
Pretty Flowers has a reputation beyond reputePretty Flowers has a reputation beyond reputePretty Flowers has a reputation beyond reputePretty Flowers has a reputation beyond reputePretty Flowers has a reputation beyond reputePretty Flowers has a reputation beyond reputePretty Flowers has a reputation beyond reputePretty Flowers has a reputation beyond reputePretty Flowers has a reputation beyond reputePretty Flowers has a reputation beyond reputePretty Flowers has a reputation beyond repute
Default Re: LMO article.

I've had a couple of TWP while living in Canada, and for none of these occasions has the job been publicly advertised either locally or nationally...
Pretty Flowers is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.