About Dale & Lessmann LLP

We serve world businesses in the Canadian marketplace.

Tracing our origins back to 1919, Dale & Lessmann LLP has been advising leading Canadian and global businesses for de-cades. Our commitment to excellence, timeliness and outstanding client service remains unchanged. Our clients know that they can rely on our ability, international perspective and commitment to long-term client relationships.

Our Services

Our team provides corporate legal services to Canadian and international businesses in the Canadian marketplace, with a full view of business needs. We maintain na-tional and international networks with law firms and professional practices in major markets around the world. Our affiliate network allows us to meet the diverse business needs of our clients with quality and effectiveness, while maintaining the efficiencies of a mid-sized firm that our clients want.

Recognized Leadership

Our lawyers are recognized as leaders in international business circles, industry groups and professional associations in Canada and around the world, and are regularly requested to give presentations and comment on legal issues in the media. Our lawyers are also leaders in the com-munity and are involved in community organizations.

About Our Canadian Immigration Guide For Businesses

Every year, businesses conduct cross-bor-der commerce activities and experience labour and skill shortages. Canadian busi-

nesses recruit and relocate skilled workers abroad to fill contracts and business needs, and international companies send employ-ees to Canada on their behalf to engage in international business activities.

It is critical for Canadian employers to know their options for bringing foreign talent to Canada and to have an immi-gration strategy from the outset to avoid delays or refusals of their workers entering Canada, which impacts business opera-tions, contracts and profits.

Setting out an immigration plan is a key step in achieving business needs and to ensure that no time or cost is wasted because a project or office could not be properly staffed due to immigration hur-dles or delays.

This Guide provides an overview of the most popular ways that Canada’s immi-gration policy can benefits employers in addressing and filling temporary skill

and labour shortages and in bringing in-ternational staff to Canada to engage in business on their behalf, and highlights important considerations for employ-ers, including employer compliance responsibilities.

Introduction

There are many options for employers seeking to access temporary foreign talent and for international business persons en-tering Canada to engage in business activ-ities. Some individuals require work per-mits before they can enter Canada, while others may not need a work permit and can qualify as business visitors for short-term visits. Immigration, Refugees and Citi-zenship Canada (IRCC) governs Canada’s immigration system. The Government of Quebec administers the selection process, and its own immigration categories, for those foreign nationals intending to reside in the Province of Quebec.

Canadian Immigration GuideFor BusinessesFebruary 2017

The Work Permit: Who Needs One?

Whether an individual needs a work per-mit or not depends on their intended duties and responsibilities in Canada. As a gener-al rule, when a foreign national performs work in Canada, he or she requires a work permit. Work permit holders are called Temporary Foreign Workers (TFWs).

Generally, work means activities for which wages/commission is earned or activities that compete with the Canadian labour market and take away opportunities for Canadians. Competing activities include those that a Canadian should have the op-portunity to do or that are competitive in the Canadian marketplace, instead of in-ternational in scope, for example.

Activities that are not considered work are those that do not take opportunities for employment away from Canadians, which are international in scope, and do not com-pete directly with the Canadian market-place. These foreign nationals are covered below, under Business Visitors.

Obtaining A Work Permit: The Process

Some Workers Need a Temporary Resident Visa Before Entering Canada

The work permit process depends on whether the foreign worker requires a Temporary Resident Visa (TRV) or is TRV-exempt. A TRV is a travel visa that citizens of some countries need before they can travel to Canada, in addition to a work permit that gives them the right to work once they arrive in Canada. Foreign na-tionals who need a TRV have to apply at a visa office abroad for a TRV first, before they can travel to Canada. A work permit application filed at a Canadian visa office includes a request for a TRV.

Where a TRV is required, the processing time for an application varies but gener-ally ranges between one to six months. It can take longer if a medical examination or police clearances are required, which depends on where the foreign national re-sides, or has resided in the past.

Workers that Do Not Need a Temporary Resident Visa

TRV-exempt foreign nationals can apply for work permits upon entry to Canada (i.e. at an airport or land crossing) and have their work permit issued on site. While this process allows some TFWs to avoid long processing times at visa offices, there is no guarantee that a work permit will be approved before the foreign national trav-els to Canada, so there is a potential risk of refusal when the foreign national arrives in Canada. A refused application at the port of entry generally means that the foreign national is denied entry to Canada and has to return to their country of origin. Ul-timately, the admitting border officer has the discretion to grant or deny anyone en-try to Canada.

How Long Can Work Permits be Issued For?

The maximum duration is generally three years. However, this can be restricted or extended in some cases. The duration of the work permit will be at the discretion of the immigration officer who issues the work permit. Extensions can be obtained, but this is an active process and is not done automatically. Extensions are normally ap-plied for from inside of Canada but can be obtained at a port-of-entry in some cases.

Work Permit Conditions

Work permit conditions come in two general types. Restricted, or closed, work permits have conditions defining the al-lowable location (i.e. city, province), oc-cupation and employer. Sometimes, work permits can be restricted to one occupation and employer but the location can allow a worker to work across Canada at different office or client sites. Unrestricted, or open, work permits allow TFWs to work in any occupation across Canada for any employ-er, with the exception of jobs in health-

Canadian Immigration GuideFor Businesses (cont’d)February 2017

care, childcare or early childhood educa-tion unless a special medical examination has been completed.

The Canadian Work Permit Programs

There are two types of TFWs: those that fall under the Temporary Foreign Work-er Program and require employers to get confirmation from Employment and So-cial Development Canada (ESDC), and those that fall under the International Mo-bility Program and are exempt from this confirmation. The Labour Market Impact Assessment (LMIA) is a confirmation that some employers will need to obtain from ESDC before hiring a TFW.

1. LMIA-Based Workers fall under the Temporary Foreign Worker Program (TFWP). Employers of these workers require a positive Labour Market Im-pact Assessment (formerly called a La-bour Market Opinion, or LMO) before the TFW starts work in Canada.

2. LMIA-Exempt Workers fall under the International Mobility Program (IMP). These workers do not require a LMIA. Employers can bring workers in under this category to gain competitive advantages in the Canadian labour mar-ket, while avoiding the time and cost of applying for a LMIA.

The Temporary Foreign Worker Program: Labour Market Impact Assessments

The LMIA process is a part of the Tem-porary Foreign Worker Program that is administered by ESDC. Generally, anyone who is not a Canadian citizen or perma-nent resident requires a work permit before they can work in Canada and falls under this category, unless they qualify for a spe-cial exemption. Where a LMIA is need-ed, the employer must apply to ESDC and

demonstrate that no qualified Canadian citizen or permanent resident is available to do the job. Once a positive LMIA is re-ceived, the TFW can then travel to Cana-da and start work. There are additional re-quirements for TFWs destined for Quebec that require LMIAs.

The LMIA process is difficult and lengthy for employers and has been subject to regular government reforms. As a strategy, it should be the last resort for employers bringing in TFWs to avoid wasting time and money.

The LMIA Application Process

Employers must advertise and recruit Ca-nadian talent by posting advertisements and interviewing potentially qualified Canadians. Employers also have to satisfy ESDC that the wages and working condi-tions offered are equal to local standards based on government-set prevailing wage levels. These wage levels vary by region and occupation. Employers will also need

to attest to ESDC that the hiring of a TFW will not displace Canadian workers or un-dercut the wages of qualified Canadians, and confirm their commitment to other compliance requirements.

Recruitment

Employers must follow a very specific re-cruitment process and advertise the posi-tion for at least one month before a LMIA application can be submitted. The recruit-ment must be a genuine effort to locate a qualified Canadian citizen or permanent resident for the role in Canada and must satisfy ESDC’s strict requirements, which are often incongruous to long-established recruitment practices in Canada. Even a justifiable deviation from ESDC’s mini-mum requirements can mean that a LMIA application can be refused, setting employ-ers back months.

Once a positive LMIA has been issued a TFW can apply for a work permit (and

Canadian Immigration GuideFor Businesses (cont’d)February 2017

TRV, if required) authorizing their em-ployment for the specific role in Canada.

The LMIA Should be a Last Resort Strategy

Employers should understand that partic-ipation in the Temporary Foreign Worker Program requires a number of undertak-ings and disclosure of confidential infor-mation regarding the company’s opera-tions in Canada. This includes adherence to the pay and working conditions set out in an approved LMIA and the intention to either help the TFW transition to Ca-nadian permanent residence or to train a Canadian for the job in the long term. The process can take several months and is not an option for employers who need to fill immediate labour shortages. Some options for quicker processing exist for short-term positions or positions that are offering high wages, as defined by government wage information. Ultimately, the LMIA pro-cess is not the best way for businesses to fill long-term employment shortages and should be a final resort.

The International Mobility Program: Lmia-Exempt Work Permits

Work permit categories that do not require a LMIA fall under the International Mo-bility Program, administered by Citizen-ship and Immigration Canada. Some of the most common LMIA-exempt categories are outlined below.

Intra-Company Transferees

The intra-company transfer category is one of the most popular ways for global compa-nies to bring TFWs to Canada. The catego-ry is open to nationals of any country who:

• Are currently employed by an in-ternational affiliate of the Canadian employing company. There are specific

guidelines regarding which corporate relationships qualify;

• Have been employed by the interna-tional affiliate on a full-time, contin-uous basis for at least one year in the three year period preceding the transfer to Canada;

• Have been employed by the interna-tional affiliate in either an executive, senior managerial or specialized knowl-edge role. IRCC has set out specific guidelines regarding specialized knowl-edge. Generally, it means an employee who has an advanced level of expertise and proprietary knowledge of the company’s product, service, research, equipment, techniques or management and where that knowledge is uncom-mon in the organization;

• Are being transferred from their role abroad to a similar role in Canada; and

• Are not inadmissible and will comply with existing immigration regulations related to temporary entry.

The intra-company transfer category re-quires that the Canadian company be ac-tively doing business in Canada. Interna-tional businesses with affiliated Canadian start-up operations can use this category, but the initial work permit duration of transferees will be limited to ensure the company is viable before IRCC issues a longer work permit.

Intra-company transferees in specialized knowledge roles are permitted to extend their work permits for up to five years. TFWs in executive or senior manageri-al roles can extend for up to seven years. Work permit durations are counted in terms of physical presence in Canada so, if a TFW has spent time outside of Canada, they may be able to recapture that time to-ward their total duration.

Free Trade Agreement Professionals

Canada is party to a number of interna-tional free trade agreements (FTAs) that include LMIA-exempt work permit cat-egories to facilitate trade between mem-ber states. The United States, Mexico, Peru, Chile, Korea and Colombia all have Free Trade Agreements with Canada that provide less rigorous requirements for intra-company transfers. Highlights of the most popular FTAs used to bring TFWs to Canada are included below.

The North American Free Trade Agreement (NAFTA)

The North American Free Trade Agree-ment (NAFTA) is the most common FTA employers use to bring TFWs to Canada. NAFTA exemptions are open to Mexican and US citizens, including citizens of the District of Columbia and Puerto Rico. Permanent residents of US and Mexico do not qualify.

NAFTA Professionals

US and Mexican nationals who are qual-ified for a designated profession (from the NAFTA professionals list), and are en-tering Canada to work in that designated profession, can obtain a three year work permit. There is no limit to the number of three year extensions that can be granted to a NAFTA Professional, but intent to re-side permanently in Canada can be an issue in the long term.

Mexican nationals require TRVs before entering Canada and must first apply at a visa office outside of Canada. US nationals can apply for a NAFTA work permit di-rectly at a Canadian port-of-entry.

To qualify as a NAFTA Professional, the foreign national must:

• Be a citizen of the US or Mexico;

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• Be qualified to work in a designated profession (i.e. hold a related bachelor/post-secondary degree and, if applica-ble, a professional license), as per the list of professions and requirements included in the NAFTA;

• Have pre-arranged employment with a Canadian employer (i.e. have a job offer from a Canadian employer) in a position related to the designated profession; and

• Not be inadmissible and comply with existing immigration regulations relat-ed to temporary entry.

The NAFTA requires that the applicant’s job in Canada be related to one of the des-ignated professions and that their educa-tional background be related to that work. With the exception of Hotel Managers, there is no requirement that the degree be in the exact same field as the proposed role in Canada. For example, a Hotel Manager

must have a degree in Hotel Management in order to qualify under this category, whereas as a Computer Systems Analyst might qualify with a Master of Business Administration. Further, those applying as Engineers have wide latitude in the types of engineering and educational back-ground that qualify. For example, it might be possible for someone with a degree in Computer Engineering to obtain a work permit under this category to authorize employment as a Software Engineer. The key consideration is whether the knowl-edge gained through the educational pro-cess is required to successfully complete the proposed duties in Canada.

NAFTA Professionals: Management Consultants

Under the NAFTA, Management Con-sultants can come to Canada to provide services that improve the management, operations and economic performance of companies. Management Consultants an-

alyze operations and provide solutions and recommendations for resolving strategic and operational issues. The hallmark of a Management Consultant is that they pro-vide recommendations and advice; howev-er, they do not perform the work of im-plementing their recommendations. The lifecycle of a Management Consultant’s work includes examining operations to define issues, reporting findings to the cli-ent and working with the client to design working solutions, which are then carried out by the client.

Management Consultants can be in-dependent contractors or employees of consulting firms contracted by Canadian businesses. The services are provided on a temporary, periodical or on a fixed basis versus full-time employment.

To qualify, the TFW must possess five years of related experience as a manage-ment consultant or hold a related and qual-ifying degree.

General Agreement on Trade in Services (GATS)

The General Agreement on Trade in Ser-vices (GATS) allows citizens of countries party to the World Trade Organization to obtain work permits valid for three months in any twelve month period, when quali-fied to work in a designated profession, as covered under the GATS. Permanent resi-dents of member states do not qualify.

The requirements under the GATS are more restrictive than under other FTAs and this category is most useful for short-term assignments, or to bring qualified workers to Canada without delay while an employer completes the LMIA process or finds an alternative strategy.

The Canada-European Union: Comprehensive Economic and Trade Agreement (CETA)

Canadian Immigration GuideFor Businesses (cont’d)February 2017

The Canada-European Union: Compre-hensive Economic and Trade Agreement (CETA) was approved and signed by Can-ada and the European Union on October 30, 2016. Ratification and implementation of CETA by the European Parliament and EU national parliaments is expected to un-fold during 2017.

CETA will provide the legislative basis for a multitude of work permit categories, which seek to improve bilateral relation-ships and to increase trade. Specifically, it will seek to provide exemptions to labour market testing for foreign nationals seek-ing to incorporate and establish businesses in Canada. European companies seeking to expand in the Canadian marketplace will be able to send their senior executives or subject matter experts to commence operations, and then send inta-corporate transfereese in either senior managerial or specialists positions.

Unlike other FTAs, CETA will also allow the direct provision of services from Eu-rope to Canadian clients. This will prove useful for companies that do not intend to create a permanent establishment in Can-ada, but still wish to bid for service con-tracts. Both companies and independent professionals will have options for work permits under this accord. Open spousal work permits will continue to be issued under CETA to both spouse and com-mon-law partners.

The Canada-Korea Free Trade Agreement (CKFTA)

The Canada-Korea Free Trade Agreement (CKFTA) mirrors the NAFTA closely, but there are a number of differences, specifi-cally with respect to Business Visitors and Professionals. Additionally, the CKFTA also allows an additional category under the Intra-Company Transferee stream, for Management Trainees on Professional de-velopment assignments.

The Canada-Chile Free Trade Agreement (CCFTA)

The Canada-Chile Free Trade Agreement (CCFTA) mirrors the NAFTA closely, but has its own list of designated professionals and required educational and credential criteria based on the Chilean education sys-tem. This category only applies to Chilean nationals, permanent residents do not qual-ify. Workers eligible under the CCFTA can obtain work permits valid for a one year pe-riod, with one year renewals allowed.

The Canada-Peru Free Trade Agreement (CPFTA)

The Canada-Peru Free Trade Agreement (CPFTA) is more inclusive than the FTAs above. There is a list of technicians in the CPFTA that qualify, including many engi-neering professionals. Generally, any pro-fession classified as high-skilled by the Ca-nadian government that is not excluded by this agreement will also qualify. In contrast to the other FTAs, professions that do not qualify are indicated in a negative list in the CPFTA, including health, education, social services, and cultural professions. This category is open to both Peruvian na-tionals and permanent residents. Workers eligible under the CPPTA can obtain work permits valid for a one year period, with one year renewals allowed.

The Canada-Colombia Free Trade Agreement (CCoFTA)

The Canada-Colombia Free Trade Agree-ment (CCoFTA) is effectively identical to the Canada Peru FTA, including a nega-tive list of professionals who do not qualify and a list of technicians who do qualify. This category is open to Colombian citi-zens and permanent residents.

Workers eligible under the Canada-Colombia FTA can obtain work permits valid for a one year period, with one year renewals allowed.

International Experience Canada Program (Working Holiday Programs)

The International Experience Canada (IEC) program, commonly referred to as the Working Holiday Program, allows na-tionals of certain countries to obtain one or two year open work permits. There are dif-ferent categories and criteria for each partic-ipating country. Generally, the TFW must be between 18 and 35 (sometimes 18-30). Each country has its own categories, some allow TFWs to enter Canada without a job offer from a Canadian employer, while oth-ers allow entry for Co-Op students or indi-viduals with a Canadian job offer.

This can be a good option for employers who want to transfer an employee, or hire a TFW, when the TFW is not employed with an affil-iated company outside of Canada (or has not been employed for at least one year) and does not fit under any free trade agreement.

Work Permits And Temporary Status For Accompanying Family Members Of Temporary Foreign Workers

Generally, high-skilled TFWs who have been, or will be, granted work permits for at least 6 months in duration will qualify their spouse or common-law partner for an open work permit for the same length as the TFW’s work permit.

An open work permit allows the spouse to work in any occupation (with some restric-tions in healthcare, childcare and early child-hood education, unless the spouse has been medically examined), for any employer and in any location across Canada.

Work permits for spouses and common-law partners can be easily obtained if they are ac-companying the primary TFW to Canada, or following after the TFW has already entered Canada.

Canadian Immigration GuideFor Businesses (cont’d)February 2017

No special programs exist for obtaining work permits for dependent children of TFWs; however, visitor or student status can be obtained for accompanying chil-dren aged 18 and under.

Compliance

The federal government has implemented compliance measures for employers bring-ing TFWs to Canada. These measures exist so the government can monitor Canada’s use of TFWs, ensure that employers are not using foreign workers to displace Canadians and to gather statistics that relate to Cana-da’s immigration policies and goals.

Generally, employers bringing LMIA-ex-empt TFWs into Canada must submit in-formation about the business and job offer to the government and pay a compliance fee that assists the government in the ad-ministration of its compliance measures.

Employers hiring both LMIA-confirmed and LMIA-exempt workers are also sub-ject to other compliance requirements and attestations relating to wages and working conditions for TFWs. It is important for employers to understand their compliance commitments as non-compliant employers can face government fines and temporary bans from accessing foreign workers.

The Business Visitor: Engaging In International Business Activities

Some foreign nationals do not need a work permit to enter Canada to engage in busi-ness activities. This can apply when there is no entry into the Canadian labour market, no opportunity is being taken away from a Canadian and the foreign national’s activi-ties are international in scope. These foreign nationals are called Business Visitors.

Any activity that is competitive in the Ca-nadian marketplace (i.e. selling goods di-

rectly to the public or competing with Ca-nadian businesses) requires a work permit.

Business visitors are generally eligible to visit Canada for up to six months at a time; however, some business visitors might stay for a week or two, or enter Canada peri-odically throughout the six month period. Extension of business visitor status can sometimes be obtained.

Business visitors must:

• Not have the intention of entering the Canadian labour market (i.e. taking a gainful employment position in Canada);

• Have their primary source of remuner-ation coming from outside of Canada (i.e. not being paid by a Canadian company);

• Have their primary place of employ-ment outside of Canada;

• Engage in business that is internation-al in scope, where the accrual of any profits from their activities remains predominately outside of Canada (for example, they cannot be in Canada to sell goods or services where profits flow to a Canadian company).

What Can Business Visitors Do?

Business visitors can engage in many ac-tivities, including, but not limited to:

• Attending business meetings, Board of Directors meetings and conferences;

• Public speaking;

• Providing after-sales services;

• Supervising the installation of spe-cialized merchandise that has been purchased or leased from outside of Canada;

Canadian Immigration GuideFor Businesses (cont’d)February 2017

• Providing training or familiarization services to prospective users and sales persons for goods and services man-ufactured and developed outside of Canada;

• Providing or receiving training at an affiliated Canadian entity of their employer outside of Canada, as long as any production of goods or services resulting from the training is incidental (i.e. not directly generating profits for the Canadian company);

• Providing equipment installation services for an affiliated Canadian company; or

• Ensuring that a Canadian company, when contracted by a foreign company, is doing the job that they were con-tracted to do and meeting the require-ments of the contract with the foreign company.

After Sales Service Business Visitors

Business visitors can enter to provide af-ter-sales services on industrial equipment and software including supervising in-stallers, repair and servicing and setting up and testing. Business visitors cannot perform the actual hands-on work of op-erating machinery or equipment, building or construction work or producing com-puter software.

The equipment or software must be pur-chased or leased from outside of Canada and the services must be covered by an original or extended sales agreement, lease agreement, warranty or service contract. The service contract must have been ne-gotiated as part of the original sales or lease agreement, or be an extension of the original agreement. A service contract ne-gotiated with third parties after the orig-inal sales or lease agreement was signed is not covered.

Businesses can utilize third parties for af-ter-sales only if the original sales agreement indicates that a third party has been, or can be, contracted to provide those services.

If there is no agreement or warranty cov-ering after-sales services, a work permit (and potentially a LMIA) will be required.

After Sales Trainer and Trainee Business Visitors

Business visitors can also enter Canada to provide training or familiarization services to prospective users or maintenance staff of a purchasing company after the purchase or lease of equipment or software from outside of Canada has been done.

Intra-Company Training and Installation Business Visitors

Business visitors employed by companies outside of Canada can enter to train an affiliated Canadian company, or receive training from that company, when their employment and remuneration remains outside of Canada. The business visitor cannot perform any hands-on work or construction and any accrual of profits from the training activities must be in-cidental. In other words, their training services cannot be generating profits for a Canadian company.

Conclusion

In today’s international marketplace where businesses constantly engage in cross-bor-der activities, it is important for Canadian employers to be aware of immigration re-quirements when operating their business in Canada and determining the best way to fill labour shortages. International com-panies must also be aware of what their employees can and cannot do in Cana-da as business visitors and how they can utilize foreign talent to expand operations in Canada.

This Guide is intended as a brief overview of the most popular ways that employers can access TFWs and engage in interna-tional business activities in Canada, and includes important immigration consider-ations for businesses.

For information on permanent residence, and transitioning foreign nationals to Ca-nadian permanent residence, please view our other immigration resources.

If you or your business have questions about the content of this Guide or imple-menting a Canadian immigration strategy, we encourage you to reach out to our ex-perience Immigration Practice Group.

Questions?

Dale & Lessmann LLP invites you to contact our experienced Immigration Practice Group for assistance and guidance in connection with your Business Immigration matters.

Sven Walker Partner t: 416-369-7848 f: 416-863-1009 swalker@dalelessmann.com

Richard Leuce Manager, Immigration Practice Group t: 416-369-7812 f: 416-863-1009 rleuce@dalelessmann.com

Canadian Immigration GuideFor Businesses (cont’d)February 2017

Glossary Of Terms

Canada Border Services Agency (CBSA): department of the Government of Canada that is responsible for the en-forcement of immigration and customs laws at Canadian port of entries, thereby determining the admissibility of goods and persons into Canada.

Canada-Chile Free Trade Agreement (CCFTA): a free trade agreement be-tween Canada and Chile that allows for the temporary entry of eligible temporary foreign workers in some occupations.

Canada-Peru Free Trade Agreement (CPFTA): a free trade agreement be-tween Canada and Peru that allows for the temporary entry of eligible temporary for-eign workers in some occupations.

Citizenship and Immigration Cana-da (CIC): previous departmental name of IRCC. See below.

Employment and Social Develop-ment Canada (ESDC): department of the Government of Canada that is re-sponsible for Labour Market Impact As-sessments and administers the Temporary Foreign Worker Program. Also adminis-ters compliance measures for the Tempo-rary Foreign Worker Program.

Free Trade Agreement (FTA): agree-ment between two or more countries to establish free trade areas where commerce in goods and services, often including the mobility of workers between member states, can be conducted cross-border.

General Agreement on Trades in Ser-vices (GATS): a free trade agreement between party states of the World Trade Organization that allows for the tempo-rary entry of eligible temporary foreign workers in some occupations.

Immigration, Refugees and Citizen-ship Canada (IRCC): department of the Government of Canada that is respon-sible immigration and citizenship issues and administers the International Mobil-ity Program. Also administers compliance measures for the International Mobility Program.

International Experience Class (IEC): commonly known as the Working Holi-day Program. Allows nationals of certain countries between the ages of 18-35 (or 18-30) to temporarily work in Canada, sometimes with or without a Canadian job offer.

International Mobility Program (IMP): Immigration program that in-cludes all streams of work permits that are exempt from the requirement to obtain a Labour Market Impact Assessment. Ad-ministered by Immigration, Refugee and Citizenship Canada (IRCC).

Labour Market Impact Assessment (LMIA): document that some employers may need before hiring a temporary for-eign worker. An application for a Labour Market Impact Assessment involves testing the Canadian labour market and proving that no Canadian is available to perform the job.

Labour Market Opinion (LMO): the former name for Labour Market Impact Assessments.

North American Free Trade Agree-ment (NAFTA): a free trade agreement between Canada, the US and Mexico that allows for the temporary entry of eligible foreign workers in certain occupations.

Temporary Foreign Worker (TFW): foreign national who has authorization to temporarily work in Canada and who has been issued a work permit.

Temporary Foreign Worker Program (TFWP): Immigration program that in-cludes all streams of work permits where Labour Market Impact Assessments are re-quired. Administered by Employment and Social Development Canada (ESDC).

Temporary Resident Visa (TRV): visa issued by Citizenship and Immigration Canada that allows foreign nationals from certain countries to travel to and enter Canada.

Canadian Immigration GuideFor Businesses (cont’d)February 2017

About Us

Every year, Canadian employers seek to address labour and skill shortages through the temporary recruitment and relocation of skilled workers from abroad. On the surface it would seem that foreign recruitment offers employers a simple and valuable opportunity to get the job done. However, bringing a temporary foreign worker to Canada is not without risk. If not undertaken properly, the foreign worker may face unnecessary delays in entering Canada or be denied the opportunity to work in Canada altogether. It is, therefore, vitally important that employers fully familiarize themselves with the Canadian immigration process to avoid impairing the operation of their business. Dale & Lessmann LLP's Immigration Practice Group offers a specialized range of immigration and international mobility services to ensure a seamless process for businesses, employees and any accompanying family members. The law firm provides seamless immigration solutions to businesses from around the world. We have extensive experience in assisting clients on major projects, intra-company transfers, and in obtaining business visitor status, work permits, temporary resident visas and permanent resident status. Our Business Immigration brochure outlines the various programs related to Canadian business immigration. We invite you to contact us to further discuss your immigration needs.

The following highlights some of our recent representative work:

• Acting on behalf of a world leading logistics solutions provider from Germany. The client was contracted by one of Canada's leading grocery retailers, to design, commission and service the software, electronics and machinery of a 500,000 square foot, state-of-the-art automated distribution centre in Ontario. This multi-million dollar project involved the transfer to Canada of approximately 320 foreign workers from Europe and the USA.

• Acting on behalf of an Australian supply chain management company in the relation to the transfer of its consultants to Canada for the purpose of having them optimize the mining operations of several international mining conglomerates.

• Acting on behalf of a UK-based negotiation strategy company in relation to the transfer of its consultants to Canada from the USA and the UK for the purpose of having them engage in consulting work for a number of Fortune 500 companies.

• Acting on behalf of Dutch company in relation to the transfer of its workers to Canada for the purpose of having same engage in the installation of mushroom growing production facilities in British Columbia.

• Acting on behalf of Norwegian aquaculture company in relation to the transfer of its workers to Canada for the purpose of having same engage in the set-up of fish farms in British Columbia for Canada’s largest seafood company.

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