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Restriction of Official Language Requirements for Temporary Foreign Worker LMOs

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada
Operative dateJuly 31, 2013
CategoryWork authorization
Policy toolEligibility
Affected groupTemporary workers

Policy effect

Amends section 203 of the Immigration and Refugee Protection Regulations to establish that employment of a foreign national is unlikely to have a positive or neutral effect on the Canadian labour market if the job offer requires communication in a language other than English or French, unless demonstrated as a bona fide job requirement or in primary agriculture. Phase scope: entire_policy

Conditions and exceptions

Validated condition or limit: Amends section 203 of the Immigration and Refugee Protection Regulations to establish that employment of a foreign national is unlikely to have a positive or neutral effect on the Canadian labour market if the job offer requires communication in a language other than English or French, unless demonstrated as a bona fide job requirement or in primary agriculture.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… form, to be laid before each House of Parliament; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 5(1) and section 32 (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations. REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENTS 1. (1) Section 203 of the Immigration and Refugee Protection Regulations (see footnote 1) is amended by adding the following after subsection (1): Effect on labour market — language (1.01) For the purposes of paragraph (1)(b), the employment of a foreign national is unlikely to have a positive or neutral effect on the labour market in Canada if the offer of employment requires the ability to communicate in a language other than English or French, unless (a) the employer or group of employers demonstrates that the ability to communicate in the other language is a bona fide requirement for performing the duties associated with the employment; (b) the offer of employment relates to work to be performed under an international agreement between Canada and one or more countries concerning seasonal agricultural workers; or (c) the offer of employment relates to other work to be performed in the primary agriculture sector, within the meaning of subsection 315.2(4). (2) The portion of subsection 203(3) of the Regulations before paragraph (a) is replaced by the following: Factors — effect on labour market (3) An opinion provided by the Department of Human Resources and Skills Development with respect to the matters referred to in paragraph (1)(b) shall, unless the employment of the foreign national is unlikely to have a positive or neutral effect on the labour market in Canada as a result of the application of subsection (1.01), be based on the following factors: COMING INTO FORCE 2. These Regulations come into force on the day on which they are published in the Canada Gazette, Part II. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Background The Temporary Foreign Worker Program (TFWP) helps employers address their immediate skills and labour needs when qualified Canadians and permanent residents are not available. Employers who wish to hire a temporary foreign worker (TFW) must, unless exempted by the Immigration and Refugee Protection Regulations, submit a request for an opinion from Human Resources and Skills Development Canada which includes an assessment of the labour market impact. Multiple TFW positions can be included on a single labour market opinion (LMO) request. If a positive or neutral LMO is obtained, the foreign national applies to Citizenship and Immigration Canada (CIC) for a work permit and, if this is granted, may then enter Canada as a TFW. The TFWP is jointly administered by Human Resources and Skills Development Canada (HRSDC), CIC … other than French or English is not justified. Attempts to address this issue through policy instruments, operational directives, or through communications with employers during the assessment of the LMOs have not been able to achieve the objective to ensure that Canadians and permanent residents are given the first chance at available jobs. Therefore, restricting employers from requiring languages other than French or English through regulatory amendments is necessary. Implementation, enforcement and service standards The regulatory amendments will come into force on the date they are published …
Canada GazetteCanada Gazette Part II, Vol. 147, No. 16, SOR/2013-150, July 31, 2013Open official source
Retrieved from https://gazette.gc.ca/rp-pr/p2/2013/2013-07-31/html/sor-dors150-eng.html

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp5-30e6d597f12b459973c7. Something wrong? Flag this record.

Other Canada changes operative in 2013