Get Canada ESDC EMP5595 2018

Employment and Social Development Canada Please Print PROTECTED WHEN COMPLETED - B Emploi et D veloppement social Canada SCHEDULE D FEDERAL SKILLED TRADES PROGRAM EMPLOYER 2 This program is not applicable in Quebec Employers should visit the Temporary Foreign Worker Program website at http //www.esdc*gc*ca/eng/jobs/foreign_workers/index.shtml to verify that the Program is accepting applications for the specific occupation or sector for which they wish to hire the foreign worker and to determine if they are eligible to participate in the Program* Personal Information Collection Statement The information you provide on this Labour Market Impact Assessment LMIA application form is collected by Employment and Social Development Canada ESDC under the authority of the Immigration and Refugee Protection Act IRPA and Immigration and Refugee Protection Regulations IRPR for the purpose of providing an LMIA in accordance with these statutes. Completion is voluntary however failure to complete this form will result in your LMIA application not being processed* permitted by the Department of Employment and Social Development Act DESD Act and may be accessed by the Canada Border Services Agency CBSA for the purpose of issuing work permits at Ports of Entry. ESDC may also provide information to CBSA in order for that agency to investigate and enforce the IRPA and IRPR in relation to an LMIA. including employment standards and occupational health and safety legislation as permitted by the DESD Act. The information may also be used by ESDC for inspections policy analysis research and evaluation in relation to the entry and hiring of foreign workers to Canada or the IRPA. outlined in the Info Source publication available online at infosource.gc*ca* A person who contravenes a provision set out under sections 126 or 127 of the Immigration and Refugee Protection Act misrepresentation could be liable to a fine or to imprisonment or to both. Also providing inaccurate information in the context of this application may lead to an administrative penalty such as being ineligible to access the Program for a period of two years. PURPOSE OF APPLICATION The Federal Skilled Trades Program FSTP is for employers interested in hiring a foreign skilled tradesperson and supporting the foreign workers application for permanent residence. Under the FSTP employers must ensure the job offer is for continuous full-time work for a minimum period of one year which can be shared between a maximum of two employers. When two employers agree to share a foreign skilled tradesperson the first employer must complete and sign an LMIA application form EMP5593 and the second employer must complete and sign this form Schedule D. The LMIA application form the Schedule D and all supporting documents must be submitted together in order to ensure the application is efficiently and appropriately processed* Note The FSTP is not applicable in the Province of Quebec BUSINESS INFORMATION 1. Employer ID number if applicable 2. Canada Revenue Agency Business Number 3. Business Legal Name First 9 digits are mandatory for Canadian Employers 4. Business Operating Name 5. Business Mailing Address 8. Country 9. Postal/Zip Code 12. City 10. Business Telephone Number 13. Province/State 16. Type of business select all that apply incorporated/limited partnership 6. City sole proprietor Other specify 17. Is the business a franchise No Yes If yes provide the name of the corporation ESDC EMP5595 2014-06-001 E Page 1 of 7 11. Business Address if different than mailing address Yes Not applicable 19. Website Address 20. Date Business Started yyyy-mm-dd 21. Describe the principal business activity 22. Primary Contact Name First Middle 23. Job Title Last 24. Contact Telephone Number 25. Fax Number Ext 26. E-mail 27. Preferred Official Language of Correspondence English French THIRD-PARTY RECRUITER OR EMPLOYMENT AGENCY INFORMATION 1. Are you using the services of a third-party recruiter or employment agency for the purpose of hiring a foreign worker If yes complete the boxes on the right 2. Name of third-party recruiter or employment agency 3. Registration license or certificate number In some provinces/territories it is mandatory to be registered in order to recruit foreign workers on behalf of an employer. For more information visit 4. Are you appointing a third-party to represent you in completing this LMIA application form or to provide advice in an immigration process 6. A number of provinces/territories prohibit the charging of recruitment fees to foreign workers for the purpose of securing a job offer. Have you the employer or any other third-party in connection to this job offer received payment from the foreign worker to secure this offer of employment BUSINESS DETAILS 1. Number of employees currently employed nationally under this Canada Revenue Agency Business number e*g* 5 franchises are covered by the business number and there are a total of 100 employees 2. Total number of employees currently employed at the work location specified on this form 5. Did you employ a foreign worker as the result of receiving a positive LMO in the last two years prior to December 31 2013 If YES did you provide all foreign workers employed by you on LMOs received on or after December 31 2013 with employment in the same occupation as described in the offer s of employment and confirmed in the LMO letter s and annexe s and with substantially the same wages and working conditions - but not less favourable than- those set out in that offer s of employment and confirmed in the LMO letter s and annexe s 6. Have you applied for and received a positive LMO on or after December 31 2013 and employed a foreign worker in that position substantially the same as those that were described in the offer s of employment and confirmed in the LMO letter s and annexe s years. However this change is not retroactive and therefore will not be fully implemented until January 2020. 7. Have you had an LMO revoked within the previous 2 years from the date you submitted this application If YES was the LMO revoked because you had provided false misleading or inaccurate information in the context of a request for an opinion If yes please provide the following details regarding this revocation System File Number If the public policy considerations that justified the revocation are no longer relevant please provide a detailed explanation 8. Were any employees laid off in the past 12 months If yes how many Canadians/permanent residents How many foreign workers Reason s for layoff s and occupations affected 9. Does your business receive support through any Government of Canada program e*g* Work-Sharing Program Yes If yes name the program s 10. Is the job offer for full-time employment at least 30 hours of work per week throughout the duration of employment covered by the LMIA No If no explain SUMMARY OF RESULTS TO MEET MINIMUM RECRUITMENT AND ADVERTISEMENT REQUIREMENT You must provide a brief summary of the results of the activities you conducted to meet the minimum recruitment and advertisement requirements to apply for an LMIA. 1. Number of applications/resumes received from Canadians/permanent residents 2. Number of Canadian/permanent resident applicants interviewed 5. Number of job offers declined by Canadian/permanent resident applicants for the job 7. For each unsuitable Canadian/permanent resident applicant provide an explanation as to why the candidate did not meet the requirements of the position if necessary attach a separate sheet. However do not provide the names of the candidates e*g* applicant 1 has not completed the apprenticeship program and therefore cannot work as a journeyperson applicant 2 unable to communicate in English to the level required for technical salesperson of medical equipment . IMPACTS ON THE CANADIAN LABOUR MARKET The questions in this section are to be completed by all employers. The response to these questions will assist the Program to determine the impact the employment of temporary foreign workers will have on the Canadian labour market. Offshoring - is the relocation by a company of a business process from Canada to another country. This would include an operational process such as manufacturing or supporting processes e*g* accounting or IT services . More recently offshoring has been associated with technical and administrative services supporting domestic and global operations from outside Canada* Outsourcing - is the contracting out of a Canadian business process to a foreign or Canadian third party organization resulting in the entry of temporary 1. Will the entry of these foreign workers lead to job losses now or in the foreseeable future for Canadians / permanent residents as a result of lay-offs outsourcing offshoring or other factors related to utilizing foreign workers If yes provide a summary of the impact of hiring these foreign workers on your workforce e*g* lay-offs relocations and the Canadian workforce more generally 2. Is this job offer related to an activity contract or a subcontract that will facilitate outsourcing or offshoring If no go to the next section under the heading DECLARATION OF EMPLOYER If yes you must - complete the following questions a to c and - have each employer with whom you have a contractual arrangement to provide services complete a separate Schedule B Impacts on the Canadian Labour Market. a* Provide a summary of the contractual arrangement between the employer of record and the company receiving services including but not limited to information on the purpose and scope of the project the project timelines the expertise required and the number of Canadians and permanent residents working on the project. b. Provide details on how Canadians or permanent residents with whom you have a contractual arrangement for services will be positively and/or negatively affected by this arrangement e*g* lay-offs relocation displacement promotions restructuring transfer of skills and/or knowledge . c* As part of this contractual arrangement have you hired any foreign nationals through any work permit-exempt or Labour Market Impact Assessment-exempt processing stream c-i Provide details on efforts in the past two years to hire and/or train Canadians or permanent residents for positions where a foreign national has entered under a work permit-exemption or Labour Market Impact Assessment-exemption* c-ii Provide a summary of the impact of hiring these foreign nationals on Canadians or permanent resident workers within the company receiving services under this contractual arrangement e*g* lay-offs relocation . DECLARATION OF EMPLOYER I am an unincorporated employer sole proprietor or partnership* If you answered YES to the above I understand that some provinces and territories operate pursuant to agreements with the federal Department of Citizenship and Immigration Provincial Nominee Programs. I hereby consent to ESDC providing the personal information contained in this request for a Labour Market Impact Assessment to the provincial/territorial government s of the province s or territory ies where I carry on business to be used by the province s or territory ies for the administration of their Provincial Nominee Check each box to declare that you comply or will comply with the statements below. If you are unable to check a statement Service Canada staff will request additional information prior to issuing an opinion* I certify that I am an employer who does not on a regular basis offer strip tease erotic dance escort services or erotic massages. period of employment for which the work permit is issued to the foreign worker s . I certify that the offer is consistent with my reasonable employment needs in the province/territory in which it is intended that the foreign worker s work and if applicable with the terms and conditions of any collective agreement. laws governing recruitment. I acknowledge and understand that I will be held accountable for the actions of any third-party recruiting foreign workers on my behalf* to be compliant with these requirements and I can provide proof upon request. person involved in the dispute should there be an ongoing or pending labour dispute at my business. I will inform Service Canada in the case one should develop* I will comply with the prevailing wage requirements and I agree to review and adjust when applicable the foreign worker s wages at least annually to ensure he/she continues to receive the prevailing wage for the occupation and region where he/she is employed* or financial abuse. with wages and working conditions that are substantially the same as but not less favourable than those set out in the LMIA letter and annex A. I agree that I will not recover any costs directly or indirectly associated with seeking an LMIA from any foreign worker s . I acknowledge and understand that for a period of six years from the first day of employment of the foreign worker s I may be subject to an inspection and I will retain any documents that relate to the LMIA application and the terms and conditions of the LMIA letter and annexes. If required I will give all reasonable assistance to the officer conducting the inspection* I will attend interviews and on-site inspections answer questions provide information and documentation that relate to the conditions I have agreed to pertaining to the LMIA letter and annexes. the inspections may take place at any premises or location where the foreign worker s perform s work. I declare that the employment of the foreign worker s is likely to have a positive or neutral effect on the Canadian labour market and will not lead to job loss or reduction in work hours for any Canadian or permanent resident during the period of employment for which the work permit is issued* SIGNATURE OF EMPLOYER The individual signing this form must have responsibility for either the hiring or financial decisions of the organization e*g* owner franchisee general manager or senior executive such as VP Human Resources . I have read and I understand the Personal Information Collection Statement found at the beginning of this application* I declare that the information provided in this Labour Market Impact Assessment application is true accurate and complete. Signature of Employer Printed Name of Employer Title of Employer Date YYYY-MM-DD be liable to a fine or to imprisonment or to both. Also providing inaccurate information in the context of this application may lead to an administrative penalty such as being ineligible to access the Program for a period of two years. OCCUPATIONS UNDER THE FEDERAL SKILLED TRADES PROGRAM I name of employer basis for a period of commit to hire the worker s covered by this application on a full-time enter the employment duration DOCUMENTATION REQUIRED The boxes with check marks indicate the required documents that should be included with the LMIA application for each of the specific Program* In cases where there are 2 employers applying under the FSTP both employers must submit the necessary documentation with the LMIA application* If a required document is not attached please explain Trades Program Documentation Required Job offer signed by the employer and the foreign worker Proof of recruitment e*g* copy of advertisement and information to support where when and for how long the position was advertised Business registration or legal incorporation documents if first LMIA application Provincial/municipal business license where applicable and if first LMIA application Commercial lease agreement where applicable and if first LMIA Provincial documentation requirements for the provinces noted below ALBERTA - Employment Agency Business Licence Alberta s Fair Trading Act if applicable BRITISH COLUMBIA - Employment Agency License British Columbia s Employment Standards Act if applicable MANITOBA - Certificate of Registration Manitoba s Worker Recruitment and Protection Act NOVA SCOTIA - Employer Registration Certificate Labour Standards Code SASKATCHEWAN Employer Registration Certificate The Foreign Worker Recruitment and Immigration Services Act In some cases the province may not provide a physical document but rather post the names of registered/certified employers on a website Send Application and all Supporting Documentation Employers must complete sign and send the completed application and all required documentation to Temporary Foreign Worker Program Service Canada - Centre of Specialization 1 Agar Place PO Box 7000 Saint John NB E2L 4V4 A complete application means that employers have filled out all of the fields in all of the necessary forms included all of the required documentation signed the forms where required and submitted the fee payment with the application* .