Canadian Employment Law Today

Canadian HR Reporter, 2020 4 BY SERGIO KARAS Background The Global Skills Strategy tracks employers' commitment to create jobs, transfer knowl- edge and train Canadian workers and, ac- cording to government claims, this facilitates new investments in Canada; in turn promot- ing economic growth and creating more middle-class jobs for Canadians. The strategy provides for an expeditated processing time of two weeks for issuance of a work permit. This faster processing time is not only available to temporary foreign workers being hired but also to their ac- companying family members. The strategy further provides work permit exemptions for highly skilled workers and researchers looking to work in Canada for a short time, as well as the creation of a dedicated service channel, which gives employers access to an account manager who assists them in navi- gating the process. International Mobility Program Under the International Mobility Program (IMP), an employer can hire a foreign worker without a Labour Market Impact Assessment (LMIA). Under the strategy, the government maintains a list of occupations that are ex- empt from an LMIA; if a worker's occupation is listed, they are eligible to be hired without an LMIA. LMIA-exempt workers can benefit from the strategy if they fall under the Na- tional Occupational Classification skill cat- egory of a manager or professional (NOC code O or A). Global Talent Stream The strategy introduced the Global Talent Stream (GTS) under the Temporary Foreign Worker Program (TFWP). The TFWP allows employers in Canada to hire foreign nation- als on a temporary basis if no Canadians or permanent residents are available for the po- sition. Work permits are issued based on the LMIA opinion issued by Employment and Social Development Canada (ESDC). All employers are required to demonstrate that their business and job offer are eligible under the program. There are two categories of employers that are eligible to hire foreign workers under the GTS: • Category A: The employer must be referred by one of the designated refer- ral partners. To receive a referral, the company must operate in Canada, focus on innovation, be willing and capable of scaling up, is seeking to fill a unique and specialized position and has identified a qualified foreign worker for potential hire. • Category B: An employer hiring a highly skilled foreign worker to fill a position that is found under the Global Talent Occupation List falls under this category. The list is subject to change, but at the moment it includes the occupations listed in the table below. An employer must develop a Labour Mar- ket Benefits plan with ESDC that demon- strates its commitment to activities that have a lasting and positive impact on the Canadi- an labour market. This plan helps to identify and track the employer's overall job creation, skills and training investment. There are two kinds of benefits that need to be included: mandatory and complemen- tary. If an employer applies under Category A described above, it must commit to creating jobs for Canadians and permanent residents as a mandatory benefit. However, if the em- ployer applies under Category B, then it must commit to increasing skills and training investment for Canadians and permanent residents. Two complementary benefits also need to be listed; these cannot be the same as the mandatory benefits. If an employer is applying under both categories, then it must commit to both the mandatory benefits, as well as two additional complementary ben- efits. ESDC conducts an annual progress review to assess how well the employer is meeting the commitments that were outlined in the plan. Even if the foreign worker later be- comes a permanent resident, the employer is accountable for the benefits committed to in the plan. Employer compliance Employer compliance is separate and distinct from the progress review of the labour mar- ket benefits plan. An employer must be aware of its responsibilities and obligations under the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR), meeting the CASE IN POINT: IMMIGRATION Since 2017, Canada has implemented the Global Skills Strategy, which creates a faster and more predictable process for attracting top talent and new skills to Canada. It assists Canadian companies in filling in-demand occupations, where there is a demonstrated gap in the Canadian labour market. Immigration lawyer Sergio Karas looks at the features of the strategy as well as how employers and foreign workers can navigate through it. BACKGROUND Canada's Global Skills Strategy A look at the federal government's program aimed at streamlining the process to bring talent and new skills from abroad NATIONAL OCCUPATION CLASSIFICATION (NOC) CODE OCCUPATION 0213 Computer and information systems manager 2147 Computer engineers (except software engineers and designers) 2161 Mathematicians and statisticians 2171 Information systems analysts and consultants 2172 Database analysts and data administrators 2173 Software engineers and designers 2174 Computer programmers and interactive media developers 2175 Web designers and developers 2281 Computer network technician 2283 Information systems testing technicians 5131 Producer, technical, creative and artistic director and project manager — visual effects and video games 5241 Digital media designers Global Talent Occupation List

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