May 25, 2015
Effective May 21, 2015, Citizenship and Immigration Canada (“CIC”) has created a new category for employers who require workers from outside of Canada to perform repairs to industrial or commercial equipment that is out of warranty. Specifically, CIC now permits workers to come to Canada to repair industrial or commercial equipment that is no longer under warranty or covered by an after-sales or lease agreement. This includes workers coming into Canada to perform preventative work where the failure to repair the industrial or commercial equipment would have a negative impact on productivity.
Previously, there was no category for workers entering Canada to perform out-of-warranty repair work if the employer did not have an after-sales service contract. Rather, the category for admission into Canada was restricted to emergency repair personnel who were required in Canada to carry out emergency repairs to industrial or commercial equipment in order to prevent a disruption in employment. In the past, if the employer could not demonstrate a disruption in employment, the employer would need to obtain a Labour Market Impact Assessment (“LMIA”) to retain workers to perform preventative repairs. The requirement to obtain a LMIA for such short duration work often added significant expense and delay to the work.
Repair personnel will generally qualify under this category when:
Documents required in support of the work permit application include the following:
If you have any questions about this topic or any other questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale lawyer.
For more information on new developments in Workplace Law, please refer to our website at: http://www.mathewsdinsdale.com/news-events/in-a-flash/
Click here for downloadable version.