Local 411 : LMIA Exemption Code C14 Television and Film Production - PowerPoint PPT Presentation

Immigration Seminar for I.A.T.S.E. Local 411 : LMIA Exemption Code C14 – Television and Film Production Workers [R205(a)] Brian D. Dingle, LL.B., M.I.R. Partner, Toronto Region Business Immigration Leader (416) 367-6189 bdingle@blg.com

Agenda • Provide overview of the International Mobility Program (IMP) • To explain the new IMP category for TV/Film, including: • Eligibility criteria; and • A step-by-step guide for employers to follow before a foreign national can obtain an employer-specific work permit.

The International Mobility Program • The IMP provides competitive advantages to Canada and reciprocal benefits abroad for Canadians, and includes, for example, exemptions pursuant to: • International-Federal/Provincial/Territorial Agreements (e.g., NAFTA); • Significant Benefit; and • Reciprocal Employment (including International Experience Canada); • Before an officer can issue an LMIA-exempt employer-specific work permit, he/she must be satisfied that: • The job offer is genuine; and • The employer is providing employment (wages, occupation, working conditions etc.) that is substantially-the-same as that in the job offer.

Employer Compliance under the IMP • Must follow conditions for employing foreign nationals (i.e., comply with all FPT employment laws and make reasonable efforts to provide a workplace free of abuse) • Must pay a $230 compliance fee under most employer-specific LMIA exemptions; • Must submit offer of employment information directly to IRCC via the Employer Portal • May be subject to inspections by IRCC officers or by Service Canada/ESDC officers acting on behalf of IRCC

Exemption Code C14 for TV/Film • Foreign nationals whose position (generally high- wage and unionized) is essential to a television or film production. • Must satisfy an officer that the work is considered to create and maintain significant economic benefits and opportunities for Canadians and permanent resident. • Not restricted to specific National Occupational Classification (NOC) levels. • Production should be the recipient of, or satisfy the criteria for, federal, provincial or territorial TV/Film tax credits. • Exempt from four-year cumulative duration limit on length of employment in Canada.

A Step-by-Step Guide for Employers • Step 1: Enrol on the Employer Portal (if first time) • Step 2: Complete and submit an Offer of Employment through the Employer Portal for a Foreign National Exempt from a LMIA • Step 3: Provide the materials for the Foreign National to Apply for a Work Permit

Step 1: Enrol on the Employer Portal • Using the Employer Portal, employers (or their representatives) must electronically submit: • The employer compliance fee of $230; and • Offer of employment information. • For applications submitted online, these documents may be uploaded under “Letter of Explanation”. Reminder: The $230 fee and employment information must be submitted by the employer before a foreign national makes an application for a LMIA-exempt work permit

The Employer Portal • Using the Employer Portal is a multi-step process. Employers must: 1. Ensure that they have a GCKey or the SecureKey Concierge service; 2. Use the GCKey or SecureKey Concierge service to access the Employer Portal; 3. Use the Employer Portal to enroll as an employer and submit offers of employment; 4. Complete information on: • 1. The employer (one-time only); • 2. The foreign national; • 3. Job details; and • 4. Wages 5. Submit the offer and pay the fee.

Access the Employer Portal: GCKey From the Employer Portal web page, click “Continue to 1. GCKey .” You will be directed to the GCKey homepage. Click the “Sign Up” button under Simple Secure Access. 2. 3. Read and accept the Terms and Conditions of Use. Follow the instructions on the next page, and click “Continue” 4. to create your GCKey.

Access the Employer Portal: SecureKey Concierge • Current Sign-In Partners for SecureKey Concierge

Access the Employer Portal • Use your GCKey or the SecureKey Concierge service to access the Employer Portal.

Enrol on the Employer Portal • Once you sign in to the Employer Portal using one of the secure credentials, you must submit a request to enroll in the portal as: • An employer/primary user; or • A branch or secondary user. • The Employer Portal is designed so that an employer has one primary user and can have several secondary users and branches. • There can only be one primary user who must then assign secondary users or branches.

Step 2: Complete and Submit an Offer of Employment • This is the Employer Portal Welcome Page. • For first time users: Click on “Submit offer of employment” and complete the required fields in the Business Information section. • Some fields will already be pre- populated with the information you entered during the enrollment process. • You will only need to complete this section for the first offer of employment you submit. • This information will automatically be reused for all future offers of employment. • Once submitted, if the information listed in these fields is incorrect, you must email IRCC for assistance.

Complete the Offer of Employment • Complete the following four forms • Business Information • Foreign Worker • Job Details • Wage and Benefits

Business Information Form • Disclose the wages and benefits (e.g., living allowance, etc.) the foreign worker will receive.

Foreign Worker Information Form • Enter the information for the foreign worker you want to hire. Make sure the information you provide is accurate and exactly matches the information in the foreign worker’s passport.

Job Details Form • Enter the details of the job that the foreign worker will be performing. • Include the LMIA exemption code. • Include an explanation on how the job being offered meets the LMIA exemption you indicated above.

Wage and Benefits Form • Disclose the wages and benefits (e.g., living allowance, etc.) the foreign worker will receive.

Submission/Payment Form Submission • When all four forms are complete, you can submit the offer of employment. • Your Declaration and Electronic Signature are required. • The name in the signature panel should match the name of the user, not the primary business contact. Fee Payment • Select “Transmit and pay” and you will be directed to the Receiver General’s online payment website. • Complete the online payment form. Select “Pay with your credit card”. • Review and print the transaction receipt. Cancelling a Job Offer • To cancel a job offer you must send an e-mail to IRCC.

Step 3: Apply for Work Permit • Employers must provide the offer of employment ID number and proof of payment to the foreign national for inclusion in their work permit application form. • The foreign national must apply for their work permit (and visa, if necessary). • The applicant should include the following documents to help officers determine if they are eligible for the new IMP exemptions: • A letter of support from the production; and • A letter of no objection from the relevant union or guild.

Letter of Support • The letter of support from the production should generally include information such as:  Production details (e.g., working title, contact information, location(s), proposed dates);  The name of the work permit applicant and a statement confirming that this individual and their position is essential to the TV or film production;  Details (e.g., estimated number of Canadian jobs created, budgetary spend) of the significant economic benefit to Canada of the TV or film production;  Evidence confirming that the TV or film production satisfies the criteria for, or is the recipient of, federal, and/or provincial/territorial funding;  Date and signature of a senior representative of the production.

Letter of No Objection • The letter of no objection from the relevant union or guild should generally include information such as:  Details (e.g., description, mandate, membership eligibility) of the union or guild;  Information on the TV or film production (e.g., working title, location(s)) and the work permit applicant;  A statement confirming that the union or guild is of the view that the work to be performed is subject to a collective agreement and that it has no objection to the foreign national working in the specified position for the specified company;  Date and signature of a senior representative of the organization.

Questions?