Changes to The Owner/Operator Category

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The legislature of Canada has rolled out an important change to the owner/operator category of foreign workers who wish to work in Canada. Foreign owner/operators should now own more than 50 percent of the business, aiming to fit the bill for an exclusion from the publicizing necessities that are typically a prerequisite for a Labor Market Impact Assessment (LMIA) application.

Beforehand, a foreign worker applying to work in Canada on a brief premise as the owner/operator of a business could possess any rate of the business and fit the bill for the advertising exception. Though Canadian managers should, for the most part, promote all occupation opportunities over the Canadian job market for no less than four weeks before applying for an LMIA, employers who wish to hire foreign laborers in certain job categories are liable to a variety of the advertising necessities, which may include, similar to the case for qualified owners/operators; an exclusion from the prerequisites altogether.

To be classified as an owner/operator, the foreign national has to:

  • Show a level of controlling interest in the business example; a sole proprietor or a majority shareholder
  • Show that such temporary entry will result in the creation or retention of employment opportunities for Canadians and permanent residents and skills transfer to Canadians and permanent residents
  • Not be able to be dismissed

In spite of the fact that greater part shareholder and sole proprietor owner/operators are exempt from the LMIA publicizing prerequisites, an itemized application that fulfills the above focuses should at present be arranged and submitted. It is the promoting of prerequisites of the LMIA and not the whole LMIA application process itself that the owner/operator is excluded from.

This recent government change, which is applicable to all areas of Canada, will probably have the impact of lessening the number of potential candidates who might be exempt from the LMIA promoting necessities under this category. Different changes to the Temporary Foreign Worker Program (TFWP) are expected over the coming months, as the government plans to make changes following partner consultations.

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