RCICs, LMIAs and the Temporary Foreign Worker Program – 5.5 CPD Hours

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Product Description

Event Title: RCICs, LMIAs and the Temporary Foreign Worker Program – 5.5 CPD Hours

Event Date: This live webinar was conducted on April 23 from 11:00 to 17:00 (Eastern Time).

There was a total of 6 hours of live, interactive webinar time including 30 minutes of break.

The 30 minutes of break are not counted as CPD hours.

Cost: $150 for this webinar or part of our CPD Bundle. 

Instructor: Andrew Carvajal, LL.B / B.C.L., M.A., B.A.

Attendance: The live webinar was conducted on April 23 2018. You will have access to the videos in your account until January 1 2019, but need to watch them within 90 days of the original event in order to count these towards your ICCRC CPD requirements.

Here is a free sample of the video you will have access to:

Organization: RCICCPD by Full Skills Exam Prep. These webinars which are accredited by the ICCRC and the Law Society of British Columbia for CPD hours.  

Language: English

We understand that this is a big investment in your future as an RCIC, so here are some excerpts from our first session of 2018 CPD events:

Agenda: This is the breakdown of the video of the event.

RCICs, LMIAs and the Temporary Foreign Worker Program

  • Introduction 00:00 – 1:06
  • Overview 1:06 – 4:45
  • About the CPD instructor 4:45 – 7:28
  • Summary Index 7:28 – 10:54
  • Initial client assessment 10:54 – 26:42
    • Employer vs employee involvement 10:54 – 16:39
    • Work permit exemptions 16:39 – 17:24
    • LMIA exemptions 17:24 – 18:38
    • Question: Is it possible that the employer, because of their own situation or his relationship to the employee, wants to make an employee a designated person? (Determining who the client is) (Duty to avoid and manage conflict of interest) (Managing difficult clients) 18:38 – 26:42
  • Underlying principles, legislation, manuals, policies (Duty to act in good faith and avoid sharp practice) 26:42 – 33:12
    • Question: Explain the Union rules 28:59 – 33:12
  • LMIA applications generally 33:12 – 37:28
    • Question: Should we ask about qualifications too, certificates? 36:36 – 37:28
  • Workers – A type of temporary residence 27:29 – 38:50
    • Question: Can No certification be a big NO? 38:50 – 40:10
  • Temporary residents by class 40:10 – 42:40
    • Questions 42:40 – 46:04
      • Is it necessary to have the certification in hand right at the time of the application but have a plan to achieve it within a reasonable time frame?
      • How do I know that the province will accept this plan?
  • Temporary residents by class (continued) 46:04 – 49:24
  • Work permit and work permit exemptions 49:24 – 50:08
  • What is work and who needs a work permit 50:08 – 52:23
  • Labour Market Impact Assessments 52:20 –
    • LMIAs Generally 52:20 – 58:14
    • 2014 Changes 58:15 –  59:02
    • Questions: 59:03 – 1:05:05
      • LMIAs for Cooks
      • Is it common for restaurant owners to hire people from other countries?
      • Remote locations vs Toronto: better chances to obtain LMIA?
    • 2014 Changes (continued) 1:05:06 – 1:07:52
    • High vs. Low Wage Positions 1:07:53 – 1:08:53
    • Question: Enforcement action that takes away chances for the smaller players to bring a foreign worker 1:08:54 – 1:10:37
    • MI Refusal to Process 1:10:38 – 1:17:17
    • Online Guides 1:17:17 – 1:17:44
    • Initial Client Check List 1:17:45 – 1:27:54
    • Question: Doing an LMIA application constitutes recruitment activity? 1:27:55 – 1:28:31
    • Determining the Wage 1:28:32 – 1:30:52
    • Question: Minimum wage prevailing if Union states one wage and Job bank states another 1:30:53 – 1:32:09
    • Determining the Wage (continued) 1:32:10 – 1:34:33
    • Question: In addition to looking at the job bank you need to look at the employers In the same occupation in the same location 1:34:34 – 1:36:08
    • Determining the Wage (continued) 1:36:09 – 1:38:42
    • Variations to Wage Requirements 1:38:43 – 1:41:39
    • Questions: 1:41:40 – 1:46:05
      • Can the wage be paid in a different currency? 1:41:40 – 1:43:15
      • Low wage/High wage and low skilled/high skilled
      • Cooks: high or low wage?
    • Advertising Requirements / Recruitment efforts 1:46:06 – 1:47:25
      • Questions: 1:47:26 – 1:53:05
        • What are the specific tasks of the RCIC/lawyer regarding advertising?
        • Cost of LMIA and what should be charged?
        • Costs of consultation
        • Are there regulated fees? (Requirements related to fees and billing)
    • Advertising Requirements (continued) 1:53:02 – 1:55:32
      • Questions 1:55:33 – 1:58:19
        • How many interactions do you have with Service Canada for an LMIA?
        • New RCICs think they charge too much (Requirements related to fees and billings)
        • Churches as clients
        • Platforms recommended
    • Advertising Requirements (continued) (Best practices for workplace diversity and inclusion) 1:58:20 – 2:03:04
      • Comment: Charity village 2:03:05 – 2:03:34
    • Advertising Requirements (continued) 2:03:05 – 2:13:24
    • Factors to Consider in Choosing Recruitment Platforms 2:13:25 – 2:16:15
      • Question: would you consider specific magazines which cover only a particular profession? 2:16:16 – 2:16:59
    • Factors to Consider in Choosing Recruitment Platforms (continued) 2:17:00 – 2:17:43
      • Comment: Magazines can take long before having the add up and running 2:17:44 – 2:18:23
    • Factors to Consider in Choosing Recruitment Platforms (continued) 2:18:24 – 2:22:42
    • Mandatory use of Job Match 2:22:43 – 2:25:08
    • Advertising Variations 2:25:09 – 2:27:33
    • Documenting Recruitment Efforts 2:27:34 – 2:33:20
      • Question: When does the 6 years start? 2:33:21 – 2:33:43
      • Log Sample 2:33:43 – 2:36:18
    • Questions 2:36:19 – 2:50:12
      • How does Service Canada know that you didn’t exclude a stellar candidate? (Duty to act in good faith and avoid sharp practice) (Responding appropriately to client dishonesty or fraud) (Best practices for analyzing ethical dilemmas) (Managing difficult clients)
      • Why don’t they ask for a list of candidates?
      • How many candidates should be checked?
      • Facebook pages acceptable for job posting?
      • 70% of clients are from referrals: the importance of reputation (Required conduct of lawyers or paralegals)
      • FNs don’t have a driver’s license; how do we justify this when recruiting?
      • Can the person leave the job for the person who hired them on an LMIA?
      • With Low Wage LMIAs there’s no need for T4, T2, etc.
  • BREAK 2:50:12 – 3:21:33
    • LMIA forms 3:21:33 – 3:25:31
  • Low Wage applications 3:52:32 – 3:43:22
    • Overview 3:25:32 – 3:29:04
    • Foreign Worker Cap 3:29:05 – 3:32:51
    • Question:  3:32:51 – 3:34:04
      • Are retirement or elderly living facilities exempt?
      • 10 out of 1500 is acceptable?
    • Low wage temporary foreign workers exemptions 3:34:05 – 3:35:35
    • Sample calculation 3:35:36 – 3:43:22
  • High Wage applications 3:43:23 – 3:51:43
    • Transition Plans 3:43:23 – 3:44:07
    • Question: Supporting PR is better? 3:44:08 – 3:44:20
    • Transition Plans (continued) 3:44:21 – 3:46:52
    • Sample 3:46:53 – 3:50:19
    • Question: unnamed LMIAs 3:50:20 – 3:51:43
  • LMIAs supporting Permanent Residence applications 3:51:44 – 3:55:45
    • Questions: 3:55:46 – 3:57:19
      • Which are the recruitment efforts?
      • Do you have to care for the cap here?
    • Duty to act in good faith and avoid sharp practice & Duties related to advocacy 3:57:20 – 3:57:57
    • Question: Are many of these candidates on PGWP? 3:57:58 – 3:58:25
    • Employment offer 3:58:26 – 3:59:23
    • Question: 3:59:24 – 4:03:05
      • Can we do any FN directly to this application?
      • EE vs LMIA
  • Global Talent Stream 4:03:06 – 4:21:43
    • Overview 4:03:06 – 4:06:17
    • Question: 4:06:18 – 4:07:20
      • What to include if you do a dual intent for a “high wage” LMIA?
      • Work experience in Can will be a big change for people coming on such PR applications
    • Category B occupation list 4:07:21 – 4:08:37
    • Labour Market Benefits Plan 4:08:38 – 4:21:43
      • Overview 4:08:38 – 4:15:29
      • Dealing with ESDC/Service Canada and preparing clients for communications with government officers 4:15:30 – 4:19:33
      • Progress Reviews (Timely and effective client communication, including theory and practical application) 4:19:34 – 4:21:43
  • LMIAs Cover Letter/Submissions (Drafting reporting letters, legal opinions and legal memoranda in plain language, including theory and practical application) 4:21:44 – 4:48:54
    • General 4:21:44 – 4:28:58
    • Client instructions following submissions 4:28:59 – 4:40:24
    • Question: What happens if the client forgot to renew the job post? 4:40:25 – 4:41:15
    • Refusals and your options 4:41:16 – 4:43:39
    • Common mistakes made by LMIAs applicants 4:43:40 – 4:48:54
  • LMIA Work Permits 4:48:55 – 5:18:42
    • Work Permits under the TFWP 4:48:55 – 4:49:24
    • Where to apply for a work permit 4:49:25 – 4:51:50
    • The work permit assessment process 4:51:51 – 4:
      • Assessing WP application 4:51:51 – 4:52:19
      • Question: can a PGWP holder apply for an LMIA WP at the POE? (Duties related to advocacy, Best practices for analyzing ethical dilemmas) 4:52:20 – 4:53:40
      • Assessing WP application (continued) 4:53:41 – 4:56:33
    • Factors prohibiting the issuance for a work permit 4:56:34 – 5:00:15
    • Quebec workers 5:00:16 – 5:00:45
    • Question: On some forms they ask if you have taken language tests 5:00:46 – 5:02:10
    • Common mistakes made by WP  applicants 5:02:11 – 5:07:36
    • Tips for preparing TFW WP Applications (Drafting reporting letters, legal opinions and legal memoranda) 5:07:37 – 5:13:55
    • Cover Letter/Submissions (Drafting reporting letters, legal opinions and legal memoranda in plain language, including theory and practical application) 5:13:56 – 5:15:39
    • Question: what documents to bring for WP at the POE? 5:15:40 – 5:16:10
    • Cover Letter/Submissions (continued) 5:16:11 – 5:18:42
  • Global Skills Strategy – Priority Processing 5:18:43 – 5:20:06
  • Concurrent processing of LMIA and WP (Duty to act in good faith and avoid sharp practice) 5:20:07 – 5:22:51
  • General conditions on Temporary Residents 5:22:52 – 5:23:44
  • Specific conditions in WP 5:23:45 – 5:24:32
  • 6 month prohibition for breach of conditions 5:24:33 – 5:25:32
  • Implied status Generally 5:25:33 –  5:28:19
  • Restoration of Temporary Resident Status 5:28:20 – 5:30:48
  • LMIA/WP Fees 5:30:49 – 5:31:33
  • Ethical considerations: A few words of compliance 5:31:34 – 5:56:49
    • Consequences to employers 5:31:34 – 5:35:26
    • Consequences to the employee 5:35:26 – 5:36:52
    • Question: Impact of PR application refusal on LMIA application 5:36:53 – 5:37:55
    • Inspection Authorities (Best practices for analyzing ethical dilemmas) 5:37:55 – 5:45:33
    • Record Keeping (Duty to maintain confidentiality, including justified and permitted disclosure (may include discussion of privilege)) 5:45:34 – 5:47:20
    • Voluntary disclosure to ESDC 5:47:20 – 5:51:06
    • Question: are consultants protected in these cases? 5:51:07 – 5:52:10
    • Working with employers and employees (Duty to avoid and manage conflicts of interest) (Understanding and managing obligations related to joint retainers) (Best practices for analyzing ethical dilemmas) (Optional and mandatory withdrawal from representation) 5:52:11 – 5:56:49
  • Q&A 5:56:50 – 6:07:53
    • Is a PR-supporting LMIA application a different form?
    • What is the approximate time for an LMIA application?
    • Can you explain the difference between LMIA supporting PR and Transition Plan vs. Transition Plan and High Wage LMIA Applications?
    • How often does Service Canada check on PR LMIA applicants who are transitioning to PR?
    • What are the extra clauses on the retainer agreement for LMIA applications with the employer vs joint retainers clauses?
    • PR LMIA candidates need to meet EE requirements?
    • Is it possible to apply for PR (with LMIA support) for a person who has not done any NOC 0 A B experience?

 

 

2 reviews for RCICs, LMIAs and the Temporary Foreign Worker Program – 5.5 CPD Hours

  1. Juan
    :
    5 out of 5

    Another great tool to help me see LMIAs as a tool to help clients!

  2. Barbara
    :
    5 out of 5

    In this very specific course, RCICCPD ensures that the content offered deals with ACTUAL practices and information on Labour Market Impact Assessments, vital to the good exercise of the profession of a new RCIC.
    I found also very useful and practical insights related to CBSA Immigration procedures and practices, enforcement agencies immigration procedures and simply lots of examples that make it easier for a new RCIC to start our practice.
    The format of the courses is really convenient since it allows me to participate in online “real time” courses, where there is an opportunity to ask and answer questions, AND to review a recorded version of any approved CPD event if I so decide it.

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