Law Times

www.lawtimesnews.com Law TiMes / March 10, 2008 Page 11 A new temporary foreign worker unit — aimed at creating an easier entry for workers in certain profes- sions in Canada — has arrived in Toronto. But, in other areas of the country, the required labour market opinion (LMO) process for other occupations can still take months, say lawyers. Already up and running in Calgary, Vancouver, and Montreal, temporary foreign worker units are designed to serve as main points of contact for companies wishing to hire foreign workers. They will also provide advice to employers who plan to hire tem- porary foreign workers, facilitate the entry of workers in certain professions who do not require a visa, make the entry process smoother and more efficient, and prescreen supporting documents from employers to streamline the application process. Earlier this year, the govern- ment announced it would be creating two new temporary for- eign worker units in Toronto and Moncton, N.B. "The purpose of the foreign worker unit is that there are cer- tain work permits that can be issued without the need of getting this labour market opinion," says Toronto lawyer Stephen Green, referring to the transfer of someone from one company to a Canadian company or under NAFTA. For all other occupa- tions, Human Resources and Social Development Canada is required to provide Citizenship and Immigration Canada or an employer with an LMO that details the likely impact hiring a foreign worker will have on the Canadian labour market. Bill MacGregor, a partner at Gowling Lafleur Henderson LLP in Kitchener, notes these temporary foreign worker units essentially provide a pre-approval mechanism and added certainty that things will go more smoothly at the port of entry. "It's certainly of some ben- efit and now we have equal footing across the regions," he says. He notes, however, this move is not going to address the length of time it takes to get a labour market opinion in some areas. Service Canada handles requests for labour market opinions for temporary foreign workers in other professions or for whom visas are required. Sergio Karas, chairman of the citizenship and immigra- tion section of the Ontario Bar Association and co-chair- man of the International Bar Association's immigration and nationality committee, says, in Ontario, processing times for labour market opinions are approximately three weeks, ver- sus six months or so in Alberta or British Columbia. In addition to the wait time for the labour market opinion out west, it may take three months after the opinion is issued to get a visa from the embassy. Green says while everyone knows about the problem, "nothing is being done about it. "The minister is aware of it; he's trying his best to fix things," he says. Green says, however, the announcement of new tempo- rary foreign worker units "had nothing to do with labour mar- ket opinions." "It's an absolute disaster in British Columbia and in Alberta — it's affecting Canadian busi- ness terribly. They're trying to look at something to deal with, but right now no one has an answer," he says. In the west, the government has brought in measures such as an expedited labour market opin- ion pilot project (or E-LMO) for employers bringing in a large number of foreign workers, which Karas says works in certain cases, namely large multinationals, but not for smaller employers. Started in September 2007 with 12 occupations, the program was recently expanded to include 21 additional occupations. Under the E-LMO, employers are assessed to determine their eligibility for the pilot project. If they are eligible, they can request LMOs under the pilot project to be processed with- in five days of receipt of their application. Dedicated teams of temporary foreign worker officers are working in both Alberta and British Columbia to process the E-LMO applica- tions. The government says the occupations covered under the E-LMO account for about half the volume of regular requests for labour market opinions in the west. Ontario is now also now getting applications from the west for the live-in care- giver program, says Karas, as the west has no capacity to process them. "The problem in the west is that Service Canada is stretched to the maximum there," he says. "The demand for labour is huge." Similarly, applications for labour market opinions for academics, doctors, specialists, and registered nurses are now being centralized in Saint John, N.B. MacGregor, who has some cli- ents in B.C. and Alberta, says there is hope that there will be a "trickle-down" effect from the E-LMO process to the regular labour market opinion process. "When and how much that will trickle down to affect the regular processing times, we'll have to see," he says. What might help, says MacGregor, is continued expan- sion of E-LMO, including add- ing more occupations to the pro- gram. He says while most prov- inces have lists of occupations under pressure, these should also be shifted to an E-LMO regime. Examples of some of the 25 occupations under pressure in Ontario include civil engi- neers, registered nurses, and automotive service technicians, while Alberta has at least six times as many occupations listed: from carpenters to hotel front-desk clerks to musicians. Karas says: "We need to look at the delays in processing and in the temporary foreign worker field in context as to where are we wasting resources. "Parliament needs to decide what kind of needs do we have, and is it time for us to institute a policy that will take the coun- try's needs as a consideration," he says. In efforts to improve the tem- porary foreign worker program, the federal government com- mitted $50.5 million over two years towards reducing process- ing delays in its 2007 budget, to "establish mechanisms to moni- tor employer compliance with the terms and conditions of the program and address non-com- pliance," and to respond more effectively to regional labour and skill shortages. Temporary foreign worker units arrive in Toronto FOCUS 'The problem in the west is that Service Canada is stretched to the maxium there,' says Sergio Karas. caseAlert – Immigration Law An easy to use electronic service that keeps you up-to-date with the latest decisions in immigration law. Each week subscribers receive an e-mail bulletin summarizing recent court decisions in the immigration law area. These summaries are arranged in various sub-topics to provide a quick overview of what's happening in the courts today, and are linked to the case digest and the full text decision in pdf format. 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