Please see links to interesting articles published in Canada's Immigration law magazine, IMMQUEST (a Carswell Publication).

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7. Unios and Disputes in LMOs
Most foreign workers require Labour Market Opinions to work in Canada. In the process of providing a labour market opinion the officer must evaluate 6 factors pursuant to Immigration and Refugee Protection Regulation 203 (3):

(a) whether the employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens or permanent residents;

(b) whether the employment of the foreign national is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;

(c) whether the employment of the foreign national is likely to fill a labour shortage;

(d) whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards;

(e) whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents; and

(f) whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.

The author completed an analyses of the existing policy and interpretation of Regulation 203 (3) (f) : the roles of unions in LMOs'.

Part I: Published March 2010 in Canada's Immigration Law Magazine, IMMQUEST
Unions and Disputes in LMOs ... HRSDC Rules and Guidelines, Challenges and Suggestions

Part II: Published April 2010 in Canada's Immigration Law Magazine, IMMQUEST
Unions and Disputes in LMOs ... What should Immigration Practitioners Do?

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6. Article about Challenges of Intercompany Transfer Policy
Most foreign workers require Labour Market Opinions to work in Canada. However there are exemptions and two of these exemptions are managers and specialized knowledge workers that are working for foreign subsidiaries/branches. These skilled professionals may obtain a work permit to work in Canada under certain conditions. The author identified 4 challenges with the existing policy and conditions of transfer and suggested changes in policy in this article.

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5. Articles about Work Permits for Skilled Foreign Workers: Labour Market Opinion LMO) and Arranged Employment Opinion (AEO)
In order for most skilled foreign workers to work in Canada on a temporary work permit, the employer needs to request a Labour Market Opinion (LMO) from Service Canada (the provincial representatives of Human Recourses Skills Development or HRSDC) if the position is not exempt from an LMO. Service Canada is required to evaluate 6 factors only before their opinion is provided (such as: the wage must be sufficient to attract Canadian Citizens and Permanent Residents, recruitment efforts, etc). Some foreigners could also obtain expedited processing with an Arranged Employment Opinion (AEO) for which the employer must prove that the job offer is genuine. Many Canadian employers choose to use the services of a qualified person (lawyer, licensed consultant or Quebec notary) to represent them in these applications. This article's focus is on the rights of employers to use legal council and the obligation of Service Canada to communicate with these third parties during LMO and AEO requests.

Part I: Published February 2008 in Canada's Immigration Law Magazine, IMMQUEST
Third Party Representation in LMOs and AEOs ... Foreign Worker Officers and the use of third party representatives

Part II: Published March 2008 in Canada's Immigration Law Magazine, IMMQUEST
Third Party Representation in LMOs and AEOs ... Possible reasons why the existing rules are not followed

Part III: Published April 2008 in Canada's Immigration Law Magazine, IMMQUEST
Third Party Representation in LMOs and AEOs ... Suggestions for the HRSDC Foreign Worker Section

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4. Article about Work Permits for Skilled Foreign Workers: Responsiveness
Published December 2005 in Canada's Immigration Law Magazine, IMMQUEST
Is Service Canada and CIC Responsive to Canada's Labour Shortage? Part I

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3. Article about Work Permits for Skilled Foreign Workers: Responsiveness
Published January 2006 in Canada's Immigration Law Magazine, IMMQUEST
Is Service Canada and CIC Responsive to Canada's Labour Shortage? Part II

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2. Article about Skilled Foreign Workers and Immigration Regulation 203(3)(d): Wages
Published May 2007 in Canada's Immigration Law Magazine, IMMQUEST
"Wages paid to Foreign Workers"

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1. Lobbying for Provincial Policy Change:
After a two-year struggle and constant refusal by the Ontario Ministry of Training Colleges and Universities to assess the credentials of foreign trained journeyman (artisans such as electricians, heavy duty mechanics and millwrights) while these journeyman are overseas an Access to Information Request was submitted in April 2007 to the Ministry in which it 's policy for the assessment of credentials of Foreign trained journeyman was requested. With this request bench marking from other provinces in Canada was provided to demonstrate to the Ministry the best practices in other provinces. Ten reasons were also provided why this should be possible - with specific reference to the Immigration and Refugee Protection Act of Canada.

On 16 May 2007 the Ontario Ministry of training Colleges and Universities responded and
finally it was possible to assess the credentials of a foreign trained journeyman/artisan
without the necessity of that person being inside Canada.