Canada-British Columbia Immigration Agreement

Annex B: Foreign Workers

2021

1.0  Preamble

2.0 Purpose and Objectives

6.0 Significant Investment Projects

7.0 Exceptional and Unforeseen Events

8.0 Provincial Involvement in the Labour Market Impact Assessment Process

9.0  Foreign Worker Protection

10.0 Dispute Management and Resolution Procedures

11.0 Exchange of Information

12.0 Governance

13.0 Duration and Amendments

14.0 Focal Points

15.0 Notices

For the Government of Canada

The Honourable Marco Mendicino
Minister of Citizenship and Immigration

Date

The Honourable Carla Qualtrough
Minister of Employment, Workforce Development and Disability Inclusion

Date

For the Government of British Columbia

The Honourable Josie Osborne
Minister of Municipal Affairs

Date

Appendix A: Proposals for Significant Investment Projects

A proposal for Significant Investment Project LMIA exemptions must include the following information:

  1. Objectives
  2. Description of the project activities, including a description as to whether and how they meet each of the following criteria:
    1. Involve Highly Mobile Capital whose labour is drawn from a global talent pool;
    2. Result in a quantifiable significant investment in the British Columbia economy;
    3. Demonstrate local government support;
    4. Limited to High Wage Occupations;
    5. No significant displacement of employment of Canadians and permanent residents;
    6. Employers participating in the project will remain in compliance with any applicable federal or provincial laws; and
    7. Result in knowledge transfer to Canadians and permanent residents (where applicable).
  3. Description of the proposed occupations to be eligible for LMIA exemptions within the Significant Investment Project, the duration of the proposed LMIA exemptions, the anticipated number of positions required, and the specific locations in which Foreign Workers would be hired to work.
  4. Expected Outcomes/Benefits
  5. Implementation Plan
  6. Evaluation Plan

Appendix B: Elements for Exceptional and Unforeseen Events

  1. Canada and British Columbia agree that request(s) for LMIA exemptions to address urgent labour needs in the case of an Exceptional and Unforeseen Event must include the following elements:
    1. Purpose/Rationale, including a description of how the LMIA exemptions will demonstrate that:
      1. Foreign Workers are needed for work in response to an Exceptional and Unforeseen Event where restoration/reconstruction of a community or area is required due to significant loss/damage; and
      2. Reasonable efforts have been made to reach out to other provincial or territorial jurisdictions for available workers.
    2. Description of the proposed occupations to be eligible for LMIA exemptions, the anticipated number of positions required, and the specific locations in which Foreign Workers would be hired to work.
    3. Expected Outcomes.
  2. Work permits issued in response to an Exceptional and Unforeseen Event should generally not exceed 120 days in duration in order to address short-term and urgent labour needs, and should be issued within the first twelve months following the occurrence of the Exceptional and Unforeseen Event. In rare circumstances under which the response to the Exceptional and Unforeseen Event is ongoing and the LMIA process would hinder restoration/reconstruction efforts, work permits can be renewed according to terms agreed to by IRCC and British Columbia.
  3. Canada and British Columbia will review the use of LMIA exemptions for any Exceptional and Unforeseen Event according to timelines appropriate to the situation.

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