The Next Brain Gain: Unpacking the Global Skills Strategy - Evan J. Green, Senior Partner Green and Spiegel LLP - HRPA
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The Next Brain Gain: Unpacking the Global Skills Strategy Evan J. Green, Senior Partner Green and Spiegel LLP evang@gands.com 1
Agenda
1. Business Visitor Permit or Work Permit?
2. What Type of Work Permit?
3. Global Skills Strategy
Short Duration Work Permit
Global Talent Stream
4. Compliance and Enforcement
5. Questions
2Business Visitor Permit or Work Permit?
3What makes a person a “Business Visitor”?
Broad category facilitates entry of foreign nationals into Canada for the
purposes of engaging in international business or trade.
• There must be no intent to enter Canadian labour market
• Business activity must be international in scope, a presumption of
underlying cross-border business activity
• Primary source of remuneration must be outside Canada
• Principal place of employment must be outside Canada
• Accrual of profits of the foreign employer must be outside Canada
4Business Visitors may:
• Attend meetings, conferences, conventions or trade fairs
• Train employees at a Canadian subsidiary of a foreign parent
• Be trained by a Canadian parent for employment at a foreign subsidiary
• Attend Board of Directors meetings
• Provide after-sales service
• Buy goods and services for a foreign business or government
Business Visitors may not:
• Engage in employment that will provide services or create competition
within, or remove opportunities from, the Canadian labour market.
• Receive any form of remuneration from the Canadian company
5What Type of Work Permit?
67
Good News: Two-Week Processing Goal for
Skilled Worker Work Permits
• If the employee is outside of Canada, the application must be made online.
• If the application is part of the Global Talent Stream, this must be identified
through the Come to Canada Tool.
• Remember to submit the medical exam and biometric fee where
applicable.
• Critical to complete form fully and accurately with correct fees paid, or
application will be rejected.
8Global Skills Strategy
9Global Skills Strategy
• The Global Skills Strategy came into effect in June 2017 in
what was promised to be faster access to highly skilled
foreign talent to help Canadian companies grow and prosper.
The ambitious plan is aimed at reducing barriers and
regulatory provisions, helping attract foreign investment, and
speeding up the process to bring in foreign skilled talent.
• There are two main pathways to facilitate the faster entry of
skilled foreign workers:
1. Short Duration Work Permit Exemptions and
2. Global Talent Stream for Canadian firms to scale-up their
highly-skilled work force with global talent.
10The Short Duration Work Permit Exemption
• Those entering Canada:
• to perform work for 1-15 consecutive calendar days or less and six months have
passed since the first day of work under the previous use of this exemption;
Or
• for 16-30 days and 12 months have passed since the first day of work under the
previous use of this exemption.
• The worker must possess a job offer for a position within skill level 0 or A of the National
Occupational Classification (software engineers, software developers, managers etc).
• Researchers - 120-day work permit exemption.
• Renewals and consecutive uses of this exemption are not permitted.
11Eligibility for the Global Talent Stream
Companies may be eligible for Category A of the Category B:
Global Talent Stream if they have been referred to Companies may be eligible for Category B of the Global Talent
the Global Talent Stream by one of Employment and Stream if they are seeking to hire to hire highly-skilled foreign
Social Development Canada’s designated partners workers to fill positions in occupations found on the Global Talent
and are hiring unique and specialized talent. occupations list.
Category A: Global Talent Occupations List
Unique Specialized Talent: • NOC 0213 – Computer and information systems managers;
• NOC 2147 – computer engineers (except software engineers
• Advanced knowledge of the industry;
and designers);
• Advanced degree in an area of specialization of interest to
the employer; AND/OR
• NOC 2171 – Information systems analysts and consultants;
• NOC 2172 – Database analysts and data administrators;
• Minimum of five years of experience in the field of
specialized experience; AND • NOC 2173 – Software engineers and designers;
• A highly paid position with a salary of usually $80,000 or • NOC 2174 – Computer programmers and interactive media
more. developers;
Employer • NOC 2175 – Web designers and developers;
• NOC 2241 – Electrical and electronics engineering
• Must operate in Canada
technologists and technicians who earn a wage of at least
• Focus on innovations $38.94;
• Have willingness to grow and scale up • NOC 2283 – Information systems testing technicians who
• Requires unique and specialized global talent earn a wage of at least $37.50;
• Has identified a specific foreign worker.
• Sub-set of 5241 Digital Media and Design
12Category A – ESDC Designated Partners as of
September 2017
Federal Regional Provincial Private
National Research Council ‐ Federal Economic Ontario Ministry of Citizenship Communitech Corporation
Industrial Research Assistance Development Agency for and Immigration
Program Southern Ontario (FedDev)
Innovation, Science and Atlantic Canada Ontario Ministry of Economic Council of Canadian
Economic Development ‐ Opportunities Agency Development and Growth Innovators (CCI)
Accelerated Growth Service (ACOA)
Business Development Bank Government of Manitoba, BC Tech Association
of Canada Manitoba Education and
Training
Global Affairs Canada’s Trade Government of Prince Edward MaRS Discovery District
Commissioner Service Island, Island Investment
Development Inc.
Investissement Québec VENN Innovation
ICT Manitoba (ICTAM)
Invest Ottawa
Montréal International
Québec International
13Labour Market Benefits Plan for the Global Talent Stream
• Employers are required to develop a Labour Market Benefits Plan (one time only) that demonstrates a commitment to activities that will
have a positive impact on the Canadian labour market. A Labour Market Benefits Plan (LMBP) will help employers and the Government of
Canada identify and track employment of highly-skilled global talent. The LMBP is employer specific and employers only create one plan
which can be used for subsequent Global Talent Stream Work Permits.
• Commitments within the LMBP are divided into mandatory and complementary benefits
Mandatory Benefits for Category A: provide quantitative targets for jobs creation
Mandatory Benefits for Category B: increasing skills and training investments
• Complementary benefits, could include, but are not limited to, job creation, investment in skills and training, transferring knowledge to
Canadians and permanent residents, enhanced company performance and implementing best practices or policies as an employer for the
workforce.
• Activities to support mandatory and complementary benefits could include, but are not limited to:
increasing the number of Canadians or permanent residents employed full-time and part-time by the firm
establishing educational partnerships with local or regional post-secondary institutes or with other organizations that are supporting
skills and training
paid co-op or internship programs
developing and implementing policies to support the hiring of underrepresented groups
directly training Canadians or permanent residents
directly supervising and mentoring Canadians or permanent residents
increasing growth of revenue, employment or investment; and
ensuring compliance with the Temporary Foreign Worker Program requirements.
• Employers who fail to comply with these requirements will be subject to consequences for non-compliance.
14Labour Market Benefits Plan
Benefits LMBP Category A Category B
Mandatory Benefit Employers must include: Job creation for Increase in skills and
• one (1) Mandatory Canadians training investments for
Benefit with and/or permanent Canadian workers
quantitative targets residents
and timeline
Complementary Benefits Employers must include: Increase in skills and Job creation for
• At least two (2) training investments for Canadians and/or
Complementary Canadian workers permanent residents
Benefits with
Increase in diversity in Canadian workforce
quantitative and
qualitative indicators Knowledge transfer to Canadian workers
and timeline
Enhanced company performance
Best policies and/or practices
15Best Practices and Tips for Global Talent Stream
• Ensure that the employer contact will be available
for the 2 weeks following submission of the
application; Officers require quick responses to
ensure that service standards are met.
• Create a detailed addendum for a more productive
ESDC phone call.
• Beware of potential compliance issues and
encourage reasonable targets.
• Diarize 6-month ESDC check-ins to ensure that
targets are being met.
16Compliance and Enforcement
17Compliance Review Standard
• All employers hiring foreign workers are subject to
compliance reviews
• There are no appeals, and rendered determinations
are final
• Review standards is “substantially the same” (STS)
• Terms and conditions of the job should be STS as those laid
out in the LMIA
• ESDC will accept limited justifications for divergence
from LMIA
18Inspections
• 25% of all employers of TFWs will be inspected each year
• Authority to conduct onsite and warrantless inspections
• 6 years starting on the first day of employment
• Interview foreign workers and Canadian employees
• May demand production of any document necessary to
demonstrate compliance
• Banks and payroll companies can be compelled to provide
records to verify information provided by employers
• Tip-line set up for people to report suspected
abuse of program
19Consequences of Non-Compliance
Suspension of current LMIAs and new LMIA processing during
investigations
Revocation of LMIAs if rule-breaking is found
Published on an ineligible employers list online
List will include both employers who have been suspended
and employers found to be in violation of rules, and will
include the consequences that have been imposed.
Fines, and criminal charges and penalties for
misrepresentations to ESDC
Information sharing by ESDC may trigger employment
standards, occupational health and safety, and
other investigations
20AMPS for Non-Compliance
AMPs came into force December 1, 2015. Up to $100,000
per violation / $1M cumulative cap per annum
Determined according to a points system that considers:
Employer size
History of compliance
Type of violation, including severity
Whether economic benefit was derived from violation
If wrongdoing is identified prior to the start of any enforcement
or compliance action, a voluntary disclosure may be made in
order to mitigate against some, or all
of any subsequent penalty
21Questions?
22www.gands.com
Evan Green| evang@gands.com
Green and Spiegel LLP
390 Bay Street, Suite 2800 @EvanGandS
To r o n t o , O N M 5 H 2 Y 2
https://www.linkedin.com/in/evanjgreen/
Canada
+416.862.7880
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