Canadian government officers have a crucial role in considering the potential impacts on Canadian workers before they decide on admitting foreign workers into the country. Consequently, a market test, commonly referred to as Labour Market Impact Assessment (LMIA), is an essential requirement. However, there are exceptional cases when the LMIA requirement is scrapped off based on a “significant benefit” exemption. In such a case, the potential benefits of a work permit outweigh the possible drawbacks resulting from not following the standard procedure. The possible benefits could be economic, cultural, or social.
Looking the Other Way
Various cases generally require an LMIA. However, specific practical deliberations might prevent this from being a restriction, especially if Canada would reap many benefits. Besides, LMIAs take too long to process. This means that the application and approval if a work permit might take a significantly shorter time than what would be required to obtain an LMIA.
The majority of LMIA exemptions are clear and well-defined. These include intra-company transfers, the common-low partner of various students and foreign workers, and spouses’ policies. Others include policies regarding international agreements, including CETA, International Experience Canada (IEC) initiative, and NAFTA, among others. Once LMIA is waived, other crucial factors and requirements are analyzed and used to assess a foreign worker’s permit work permit application. If all other considerations are in order, the work permit is granted. Some of the economic factors to be considered include the following:
- The possible impact on Canada’s investment
- The country’s economy
- The needs of the Canadian customers
- The potential disruption of the labor market in Canada
Social Benefit Considerations
The officers will require evidence that the foreign worker’s operations will benefit other third parties who might not be part of the transaction. Some of the social considerations include:
- Addressing and promoting the general safety and health benefits of permanent residents and Canadian.
- Developing and promoting safe products that will enhance environmental concerns.
- Promoting and improving the Canadian communities image and pride
- Boosting local investments by promoting heritage resources and amenities that work to support tourism services
- Preaching and strengthening community peace and social inclusions.
Considerations for a Significant Benefit Work Permit
Before approving a specific work permit, Canadian government officers must ensure that the work permit application meets the paragraph R205(a) requirement. In addition, they will have to be convinced that the foreign national’s operation will provide potential opportunities that will benefit permanent residents or Canadian citizens in all aspects. Significant refers to an extensive assessment of how the foreign national’s operation in Canada will provide:
- General economic advancement and support to Canada. This includes but is not limited to development in a remote or regional setting, job creation opportunities, or generation or improvement of Canadian goods and services export markets.
- Improvement of the Canadian industries- These include goods and services innovation, technological advancements or skill generation, and improvement opportunities.
- Increased health and general well-being- This relates to the physical, social, and mental well-being of the society, whether regionally or pan-Canada
- Increased knowledge, tolerance, or opportunities that bring together people of similar culture
