[ESTABLISHING A BUSINESS ENTITY IN CANADA] 91
employer demand to fill specific positions. Employers must demonstrate that they have made efforts to find a Canadian for the position before filing a Labour Market Impact Assessment (LMIA) application with ESDC to support the foreign national’s job offer. The Global Talent Stream (GTS) of the TFWP allows employers to apply directly for a GTS LMIA for either unique and specialized talent (Category A) or limited positions listed on the ESDC’s global talent occupation list (Category B). Employers seeking to use Category A must be operating in Canada, have a focus on innovation, have a willingness and capability of growing or scaling up, and seeking to fill a unique and specialized position in the company. As it is an employer-driven process, an LMIA approval allows a foreign national to apply for an occupation and employer-specific work permit. Foreign nationals who require a visa to travel to Canada must file their work permit application at a visa post. Visa-exempt applicants may apply for their work permits at the port of entry. IRCC does allow limited categories of business visitors to work in Canada without a work permit, including, but not limited to: (i) some commercial speakers, seminar leaders and guest public speakers; (ii) some performing artists, athletes, sports officials, journalists, clergy and providers of emergency services; (iii) diplomats, consular officers and other representatives or officials of other countries; and (iv) expert witnesses or investigators. Additional procedures apply to foreign workers who intend to work in many jurisdictions, notwithstanding that immigration is a matter of federal jurisdiction. It is an offence for Canadian employers to hire anyone who is not authorized to work in Canada.
Canada has introduced a rigorous employer compliance program that requires employers to keep all documentation for a foreign worker on file for a minimum of 6 years. All employers who have foreign national employees with employer- specific work permits are subject to an inspection or employer compliance review. Employers may be selected randomly or based on a complaint. In December 2015, the government introduced a system of administrative monetary penalties (AMPs) and varying bans on employers to address employer non-compliance with the TFWP and IMP employee conditions. The AMPs range from $200 to $100,000 depending on the size of the employer, the severity of the violation and the number of previous violations. Employers may also be subject to a ban on hiring foreign workers for a limited or indefinite period of time, or a warning where justification for the non- compliance is accepted. In March 2023, the Ministry of Immigration, Refugees and Citizenship announced its intention to launch a new Federal Pathway called the Economic Mobility Pathways Pilot (EMPP). The EMPP is focused on connecting skilled refugees with potential Canadian employers. In order to apply, in addition to meeting admissibility requirements and being eligible for one of Canada's designated economic immigration programs, candidates must have one of the following: (a) a positive Refugee Status Determination from the UN Refugee Agency or a refugee-hosting state; (b) evidence the person is registered or recorded as a person of concern by the UN Refugee Agency; (c) a refugee certificate from the United Nations Relief and Works Agency for Palestine in the Near East (UNRWA); (d) evidence of being registered or recorded as a person of concern with UNRWA; or (e) evidence of temporary
ILN Corporate Group – Establishing a Business Entity Series
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