Exceptional and Unforeseen Events

Last Updated on October 15, 2015

As mentioned earlier, Citizenship and Immigration Canada (CIC) bears the responsibility for approving all Labour Market Impact Assessment (LMIA) exemptions for Exceptional and Unforeseen Events. Typically, provinces and territories submit these exemptions based on the criteria outlines in their respective foreign worker agreements or annexes. In most cases, the criteria for Labour Market Impact Assessment (LMIA) exemptions for Exceptional and Unforeseen Events often remains standard in all foreign worker agreements and annexes. However, the Labour Market Impact Assessment (LMIA) exemptions are event-based. As such, they will vary from one jurisdiction to another.

Labour Market Impact Assessment (LMIA) exemptions for Exceptional and Unforeseen Events enable provinces and territories to recommend Labour Market Impact Assessment (LMIA) exemptions that existing Labour Market Impact Assessment (LMIA) exemptions or work permit exemptions do not otherwise cover under the provisions specified in the Immigration and Refugee Protection Regulations (IRPR).

The authorities have provided a list of existing Labour Market Impact Assessment (LMIA) exemptions for foreign nationals seeking entry in Canada. This would enable to provide services in times of emergency, such as natural disasters. This list comprises:

• Emergency Repairs – Labour Market Impact Assessment (LMIA) Exemption Code – refer to Appendix F and,
• Emergency Service Providers – Work Permit and Labour Market Impact Assessment (LMIA) Exemption Under R186 (t) – refer to Appendix G

Citizenship and Immigration Canada (CIC) would need to approve Labour Market Impact Assessment (LMIA) exemptions relating to Exceptional and Unforeseen Events. Once approved, the province or territory would need to provide the applicant with the Labour Market Impact Assessment (LMIA) exemption support letters. These support letters would contain the following details:

• The name and date of birth of the individual selected for the specific job
• The details of the employer (including the place of work) and,
• The duration of the employment

Situations could occur where existing work permit exemptions under the Immigration and Refugee Protection Regulations (IRPR) do not cover certain foreign nationals. In this scenario, the foreign nationals would need to attach a copy of the Labour Market Impact Assessment (LMIA) exemption support letters to their work permit applications.

The Procedure for Work Permit Processing

It is worth highlighting that Labour Market Impact Assessment (LMIA) exempt work permits required in relation to Exceptional and Unforeseen Events will be time sensitive in nature. As such, officers would need to process these work permit applications on a priority basis. In addition, they would need to consider the following aspects when they process the work permits for these applicants.

• The Duration: Officers would need to note that the duration of these work permits must not exceed 120 days
• The Extensions: Officers have the authority to provide work permit extensions under Labour Market Impact Assessment (LMIA) exemptions on a case-by-case basis. However, officers would need to note that they would require fresh Labour Market Impact Assessment (LMIA) exemption support letters from the concerned province or territory.
• The Fees: The employer would need to submit the offer of employment. In addition, the employer will need to pay the relevant employer compliance fee as well. For more details, refer to Appendix E.
• The Field Remarks and System Notes: Officers would need to indicate “Canada – [insert province or territory annex or agreement] – Exceptional and Unforeseen Events”.

Note:

• Situations could arise where officers come across foreign nationals who are seeking to enter Canada under a provincial or territorial agreement pursuant to Section R204 (c)
• Officers would need to note that these individuals would need to meet all the other requirements prescribed under the Immigration and Refugee Protection Regulations (IRPR) and the Immigration and Refugee Protection Act (IRPA)

Foreign Worker Protection

The authorities will be providing information to the process concerning the issuance of work permits in cases where there is an issue surrounding foreign worker protection. 

Source: CIC