Employers in British Columbia must:
Failure to meet the requirements for the housing inspection report without justification will result in the LMIA application being considered incomplete.
Although a housing inspection report with a “pass with conditions” status will still be accepted for the purpose of processing an LMIA application, a decision will not be rendered until the employer has provided evidence that all conditions on the housing inspection report have been addressed.
Employers are responsible for any costs that may be associated to having the housing inspected. Under no circumstances can employers recover these costs from the TFW.
Employers must always pay for the TFW‘s private health insurance. Coverage must begin from the time the TFW arrives in Canada until the worker is covered by the appropriate provincial/territorial health insurance plan. The waiting period to be eligible for the provincial/territorial health insurance is available on the Ministry of Health websites for each province or territory. The private insurance
coverage provided to the TFW must be similar to the provincial/territorial health insurance plan.
Note: Under no circumstances, can an employer recover the health insurance costs from the TFW.
Employers must always ensure that the TFWs they want to hire under the TFW Program are covered from the provincial/territorial workplace safety insurance provider, where required by law. In provinces/territories where the provincial/territorial legislation allows employers the flexibility to opt for a private insurance plan, employers must ensure:
Employers enquiring about private insurance plan equivalency should contact the provincial/territorial workplace safety authority.
The coverage purchased by the employer must correspond with the TFWs’ first day of work in Canada and the costs must not be recovered from the TFWs.
Employers using pesticides or other hazardous chemicals must follow provincial/territorial rules. They must notify workers of pesticide and chemical use and provide workers with:
The employer must prepare and sign an employment contract. In the event that differences arise between the employer and the TFW, the contract will guide the resolution of disputes. In cases where the dispute cannot be resolved between the two parties, the employer or the TFW may contact the Ministry of Labour in the province/territory where the work is being performed.
All employers applying to the Temporary Foreign Worker Program (TFWP) supply documents along with their Labour Market Impact Assessment application to demonstrate that their business and job offer are legitimate.
Employers do not need to use the services of a third-party representative to apply for a foreign worker. However, employers who choose to use the services of one of these individuals or organizations must pay for all of the fees associated with the service and meet all of the applicable requirements.
Representatives assist employers by providing services, such as:
Employers who wish to use the services of a third-party, paid or unpaid, must complete the appropriate section of the LMIA application form. Employers must identify their representative and not simply the firm/organization employing this person.
Individuals representing or assisting employers in exchange for compensation (for example money, goods or services) must be authorized under section 91 of the Immigration and Refugee Protection Act (IRPA), which means they have to be a member in good standing with:
Employers should visit Immigration, Refugees and Citizenship Canada (IRCC) to verify that a specific representative is authorized to represent them or provide immigration advice.
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