On April 7, 2014, Employment and Skills Development Canada (ESDC) announced that they have made public employers with revoked or suspended Labour Market Opinions (LMO) on a “blacklist”. This is the first instance of ESDC using its authority to suspend and revoke LMOs when the program is being misused or when employers do not use the program as intended.
Currently, employers found to be non-compliant with the LMO process may be subject to the following penalties:
- Bar from hiring foreign workers for two years;
- Have the company name, address and period of ineligibility published on a public ban list;
- Receive a negative decision on any pending LMO applications; and/or
- Have previously-issued LMOs revoked.
ESDC also has the authority to conduct workplace inspections, without first obtaining a warrant, to verify an employer’s compliance with immigration and employment requirements for LMO-based work permits.
For further details regarding assessing compliance with current Temporary Foreign Worker Program obligations, contact PricewaterhouseCoopers Immigration Law LLP.