Newfoundland and Labrador and Ending, in a Warm and Gentle Rain, on Vancouver Island

THE TRANS‐CANADA: WORK PERMITS FROM COAST TO COAST TO COAST

The law is blind and impartial and all are treated equally before it: this is one of the first things we learn in law school. Unfortunately, those of us who practice immigration law know that in our world, there are enormous differences in practice between regions, and the area of work permit practice is no exception.

The purpose of this paper is to explore some of these regional differences and to give some practical guidance on how to deal with them. We’ll take a virtual journey from sea to sea to shining sea, starting on the foggy shores of Newfoundland and Labrador and ending, in a warm and gentle rain, on Vancouver Island.

A Plea from the Authors

This paper is intended to be practical. It is not intended to engage in a deep discussion of immigration policy or case law. It does, however, aim to provide you with a lot of information about local work permit practice, and it also lists a lot of contact information that is not available to the public, even if it is fairly widely‐known among the local bar in each region.

This information is not intended to be disseminated beyond the bar. We also implore you to use it with the utmost discretion. Lawyers in each region have spent years earning the trust of local CIC, CBSA and Service Canada officials, and this trust can be erased in an instant if it is abused. Please use these contacts only when necessary, and use officials’ time as efficiently as possible. We very much want to maintain open lines of communication with key government officials, and in order to do so we need everyone’s cooperation.

Now, let’s begin our transcontinental journey on the Atlantic coast.

Newfoundland and Labrador Andrea Baldwin, with assistance from Sean Kelly

Ports of Entry

There are eight ports of entry in Newfoundland and Labrador, seven of which are airports and one ferry terminal. Immigration services are only offered at four of these locations: the St. John’s International Airport (phone: 709.772.5544 & fax: 709.772.2286 or toll free 1.800.563.4889); the Gander International Airport (709.256.6583); the Airport in Goose Bay, Labrador (phone: 709.896.6907 & fax: 709.896.6909); and the Fortune Ferry Terminal (phone: 709.832.2000 & fax: 709.832.1187) which provides passenger service to the French islands of Saint Pierre and Miquelon. All four of these ports of entry are staffed fulltime, year round and can issue work permits. The Goose Bay office is managed by Superintendant Shawn Wiseman (out of CBSA’s inland office in Corner Brook, Newfoundland) who can be reached at 709.637.6907. Foreign workers arriving in Newfoundland at any other ports of entry are advised to contact CBSA in advance so that arrangements can be made to process a work permit application.

Local CIC Office

There is only one local CIC office in Newfoundland and Labrador which is located in St. John’s in the North Atlantic Building at 31 Pippy Place and can be reached by phone at 709.772.6560 or by fax at 709.772.2929.

The Atlantic TFWU based in Moncton, NB is responsible for processing requests from Newfoundland employers.

Service Canada

There is one Service Canada office in Newfoundland dedicated to processing LMO requests for positions in Newfoundland and Labrador. That office is located at 2223 Churchill Avenue in St. John’s and is staffed with friendly and facilitative officers who are willing to discuss applicants with counsel in advance of submission. General foreign worker enquires related to Newfoundland and Labrador can be made by telephone at 709.772.2982, or by fax at 709.772.6442. Officers Beverley Anne Butters (709.772.5338) or Yvonne Myers (709.772.6828) can also provide a wealth of information. Service Canada’s Newfoundland office is part of the new consolidated Atlantic Region and therefore bilingual service for Newfoundland and Labrador is provided by Service Canada personnel in Nova Scotia (phone: 902.426.3193; fax: 902.426.4096).

LMO processing times in Newfoundland are typically a little faster than elsewhere in Canada, but are occasionally as long as three to four weeks during busier periods.

Special Considerations in Newfoundland & Labrador

Keep in mind that to meet the minimum advertising requirements, Service Canada in Newfoundland often requires that advertising be “Atlantic” in scope. Another consideration that is specific to this province is that the Newfoundland and Labrador equivalent to Service Canada’s national Job Bank is http://www.jobsinNL.ca, a comprehensive job search and posting website run by the Government of Newfoundland and Labrador.

When applying for LMOs related to employment for projects in rural areas of Newfoundland and Labrador, particularly for lower‐skilled positions, Service Canada will evaluate whether the minimum advertising requirements have been satisfied based on local recruitment practices in that area. For example, in many rural communities in Newfoundland and Labrador newspaper advertising may not be considered the most effective way to recruit workers. Consequently, Service Canada might expect to see positions in rural areas posted on local cable television networks and advertised directly to First Nation communities. Moreover, because many of the large‐scale, industrial projects in Labrador involve specific contracts with First Nation communities, Service Canada may look for evidence that the employment benefit commitments contained in these contracts are being respected.

As a result of the many rural operations in this jurisdiction, in addition to ensuring that the prevailing wage rate will be paid to a foreign worker, Service Canada will also want to ensure that adequate and affordable accommodations will be available for foreign workers in the vicinity of the job.

Finally, because Labrador shares a border with Quebec, it is important to clarify with clients whether their Labrador operations stretch into Quebec since additional Quebec immigration approvals are required for foreign workers who will physically working in Quebec as well as Labrador.

Nova Scotia Andrea Baldwin

Ports of Entry

There are 10 ports of entry in Nova Scotia, but only two where immigration services are offered: the Robert L. Stanfield International Airport in Halifax and the Yarmouth Ferry Terminal. As Nova Scotia is a peninsula and does not border the US, nine of the 10 ports of entry are airports. Consequently, most foreign nationals who enter Canada by car with a final destination of Nova Scotia apply for work permits at one of the many ports of entry along the Maine / New Brunswick border which are discussed below.

Halifax Airport: CBSA personnel at the Halifax Airport are usually excellent to deal with. Although they will generally not delve into the merits of a particular work permit application until the applicant is before them for examination, most officers are happy to accept applications by fax for applicants who are in transit, and are usually more than willing to discuss “hypothetical” situations with counsel. The dedicated CBSA immigration phone number for the Halifax Airport is 902.873.1321 and the fax number is 902.873.1323.

Yarmouth Ferry Terminal: Even though the high‐speed ferry that was operated by Bay Ferries Ltd. and ran between Yarmouth, Nova Scotia and Maine, USA ceased to operate at the end of 2009, CBSA has maintained port of entry staff in Yarmouth because of speculation that a ferry, run by another operator, will return to the area. In the meantime, CBSA personnel in Yarmouth have been moved to other projects. The Yarmouth CBSA office can be reached by phone at 902.742.0880 (general number) or 902.742.6165 (superintendent).

Other Ports of Entry: Applicants arriving by aircraft or boat at other ports of entry in Nova Scotia are advised to make special arrangements with CBSA ahead of time so that hand written work permits can be issued if necessary.

LOCAL CICS

There is only one CIC local office in Nova Scotia. It is located at 1741 Brunswick Street, Suite B110 in Halifax. The Director of Operations for Nova Scotia can be reached by phone at 902.426.3154 and the Supervisor at 902.426.8967. Inquiries to CIC Halifax may also be made by phone to 902.426.8831 or by fax at 902.426.4241.

CIC Halifax handles referrals from CPC Vegreville, and the time this office takes to deal with referrals varies depending on work load at any given time and the complexity of the application and/or the reason for the referral. Interviews on referral files are generally conducted within a few weeks unless the reason for the referral is simply to gather some information that can be provided by phone or fax.

In the past CIC Halifax issued student work permits on a fairly regular basis, but these days the office will rarely entertain walk‐in applications unless it is necessary to rectify a port of entry error, or the applicant requires a work permit to address a true emergency situation.

Service Canada

There is only one Service Canada office in Nova Scotia dedicated to administering the Temporary Foreign Worker Program. It is located in Dartmouth, across the Harbour from Halifax. Following the recent effort to regionalize HRSDC’s Temporary Foreign Worker Program, all Service Canada locations in Atlantic Canada are now under the same management team. The Dartmouth office is the largest service centre in the region with approximately six officers and one consultant (902.426.6313) dedicated to the Temporary Foreign Worker Program in Nova Scotia. The Team Leader for the Atlantic Region (902.426.3193) is based in Nova Scotia. The Manager for Atlantic Canada is based in New Brunswick.

The Dartmouth office is really good to deal with. Although officers will not determine a specific request until a formal application has been submitted, they are usually willing to discuss an application with counsel before it is submitted. While they will not prejudge an application, officers are certainly prepared to provide input on the appropriateness of a proposed recruitment campaign in advance.

The stated service standard for LMO processing in the region is currently between 15 to 20 working days, but generally speaking applications tend to be processed in much less time, often in about a week. Service Canada staff in Dartmouth are quite accommodating to urgent applications, and will make every effort to turn an application around in a day if necessary. There is are a good working relationship between CBSA officers at the Halifax Airport and local Service Canada officers such that if a foreign nation who requires a work permit arrives at the border without an LMO, the airport will often contact the employer and Service Canada and get the LMO ball rolling. Service Canada is responsive to this type of request.

Because of the approachability of Service Canada officers in Nova Scotia, counsel rarely learn of problems with an application at the refusal stage that they are not made aware of during processing and provided with an opportunity to address. Officers in Nova Scotia and throughout the Atlantic Region work closely with their consultant and will elevate unusual situations and requests to management and sometimes National Headquarters for direction and approval if necessary.

LMO applications for positions in Nova Scotia can either be submitted online or by fax to 902.426.4096. The following foreign worker officers can be reached by phone at the numbers listed next to their names:

Vida Davis 902.426.2625 Melba Graham 902.426.2344 Joanne Isnor 902.426.4096 Chris Miller 902.426.2766 Angus McKinnon 902.426.2238 Alison Crawford 902.426.3617

NSNP

The Nova Scotia Nominee Program (“NSNP”) assists foreign nationals obtain work permits following nomination. In the Skilled Worker Stream, the Employer Application form contains a box for employers to check requesting the NSNP to issue a letter of support that can be used by the nominee in place of an LMO to apply for an initial or new work permit. The NSNP is also willing to issue this type of letter of support for foreign nationals they have nominated in non‐employer steams of the program as long as the nominee has been offered employment in Nova Scotia. If a work permit letter of support is not requested with the NSNP application, if can be requested at a later date, even following nomination.

The NSNP can be contacted by phone at 902.424.5230, by fax at 902.424.7936 and by email at [email protected]. Messages left at this number and send to this email address generally receive a fairly quick response.

Special Considerations in Nova Scotia

Nova Scotia is served by the Moncton Temporary Foreign Worker Unit, but many employers prefer not to use the services provided by this unit given the facilitative nature and immigration know‐how of CBSA officers at the Halifax Airport and the key land border crossings between New Brunswick and Maine that are relatively close by.

One of the delightful aspects of practicing immigration law in Atlantic Canada is the general approachability and flexibility of officers in all of the government departments involved in the immigration process.

New Brunswick Andrea Baldwin

Ports of Entry

There are 31 ports of entry in New Brunswick including 18 land border crossings, 11 airports, one ferry terminal in Deer Island Point, and a hybrid CBSA inland office/port of entry office in Saint John.

Immigration services are only officially offered at four ports of entry in NB: the Moncton International Airport; the Edmunston POE that borders Madawaska, ME; the St. Stephen 3rd Bridge POE that borders Calais, ME; and the Woodstock Road crossing that borders Houlton, ME. Of these four CBSA offices, the new 3rd Bridge crossing in St. Stephen, NB is the only POE that offers immigration services 24 hours a day. Moreover, this is the newest border crossing to open in NB, and it is where CBSA has transferred all of its legacy immigration officers. The 3rd Bridge is also a designated commercial office and has a FAST lane.

Land Border Crossings

CBSA officers at the land border crossings in New Brunswick are generally quite facilitative with clients who present well‐documented work permit applications. If, however, they believe an applicant is making an extension application that would be more appropriate dealt with by CPC Vegreville, they may refuse to process it. To avoid that problem, it is advisable to make sure your clients have an explanation for why they are making a POE application. Frequent travel to the US that prevents an applicant from benefiting from implied status is usually an acceptable reason.

Officers at the larger land ports of entry along the New Brunswick / Maine border are typically very good to deal with. Although they will not prejudge a case by rendering a decision before an applicant makes an application, they are often prepared to have a no‐names discussion about a file. On more difficult or technical applications we often fax the material to the POE a few hours before the applicant is scheduled to appear at the border, and follow‐up with a telephone call to discuss the nature of the application with an officer. Unless the POE is extremely busy on a given day, or short staffed (in which case it is hard to get an immigration officer on the phone) this practice tends to be well received. In case, where a signed Use of Representative form (IMM5476) is on file, or can be faxed to the POE, CBSA officers at these border crossings are generally willing to discuss a particular case with counsel, and are often willing to make notes in the computerized file system pertaining to an application that will be submitted.

St. Stephen POEs (3rd Bridge and Ferry Point Bridge) The 3rd Bridge crossing is located on the outskirts of St. Stephen, NB, and is not to be confused with Ferry Point Bridge which runs between downtown St. Stephen and downtown Houlton, ME. To avoid any confusion between these two POEs, it is useful to provide clients with the following directions to 3rd Bridge from the US: From North: Follow Rt. 1 South to Calais. At traffic rotary, turn left on International Avenue and follow to Port of Entry. From South: Follow Rt. 1 North through town center. At traffic rotary, turn right on International Avenue and follow to Port of Entry. From West: Follow Rt. 9 East to intersection (merge) with Rt. 1 South. Continue to traffic rotary. Turn left on International Avenue and follow to Port of Entry. CBSA officers at 3rd Bridge can be contacted by phone at 506.465.2245; and by fax at 506.465.2139. The Superintendent can be reached by phone at 506.465.2027 and by fax at 506.465.2029. Ferry Point Bridge, which also connects St. Stephen, NB to Calais, ME, is equipped to process work permit requests. Until 3rd Bridge opened a couple of years ago, Ferry Point Bridge was the major border crossing between New Brunswick and Maine. Consequently, CBSA officers at this POE are well versed in processing standard work permit applications. On more complicated cases, however, it is advisable to send your clients to 3rd Bridge. Ferry Point Bridge is accessible from downtown St. Stephen or downtown Calais. This POE can be reached by phone at 506.465.2119 or 506.465.2100; or by fax at 506.456.2116.

Edmunston Immigration services are also in Northern New Brunswick at the Edmunston port of entry from Monday through Friday 8:00 am to 4:00 pm. Outside those hours, CBSA officers may need to seek assistance from immigration officers elsewhere in New Brunswick to process complicated work permit applications. The phone number for the Edmunston office is 506.739.1820.

Woodstock Road This port of entry borders Houlton, ME and offers immigration services from 8:00 am to 4:30 pm seven days a week. Outside of those hours, complicated matters are referred to 3rd Bridge in St. Stephen. The Woodstock POE is located on Route 95 and can be contacted by phone at 506.325.3270; or by fax at 506.325.3276. This POE is also designated commercial office and has a FAST lane. Please note that the NEXUS lanes into Canada are open Monday to Friday from 3:00 pm to 6:00 pm in Woodstock, and that the NEXUS lanes into United States are only open Monday to Friday from 7:00 am to 10:00 am (EST).

Other Land Border Crossings While it is advisable to direct clients needing to make work permit application to one of the major ports of entry between Maine and New Brunswick offering immigration service, some of the smaller POEs along this border are physically equipped to deal with work permit applications. Moreover, now that CBSA cross‐trains most border services officers to deal with customs and immigration issues, most of the POE officers at land border crossing in NB can process standard work permit applications without issue. The POEs in St. Leonard, NB (which borders Van Buren, ME); Centreville, NB (bordering Bridgewater, ME); and Perth Andover, NB (which borders Fort Fairfield, ME) can process work permit requests Monday to Friday between the hours of 8:00 am and 4:00 pm.

Airports of Entry

The Moncton International Airport is the only airport in NB that is staffed full time by CBSA officers with specific immigration specialization. The Moncton airport can be reached by phone at 506.851.7023. The Superintendent at the Moncton Airport can be reached by phone (506.851.7022). There are also airports in Saint John and Fredericton that generally only receive international flights during the winter holiday charter season. Staff from CBSA inland offices in Saint John (506.636.3517) and Fredericton (506.452.3972) go to the airport to receive passengers of international flights. Understandably, they are not faced with a lot of work permit applications. The inland office in Saint John also doubles as a port of entry office in that Saint John is a POE for cruise ships and other occasionally other boats.

Local CICs

There are three local CICs in New Brunswick, located in Saint John, Fredericton and Moncton. The largest of these three offices is CIC Moncton. Historically, these local offices entertained walk‐in work permit applications, but more recently they have discontinued this practice and now encourage applicants who require a work permit on an urgent basis to contact the call centre to be funnelled to the appropriate local CIC office.

CIC Saint John

This is a relatively small office with just a couple of officers. It is located at 189 Prince William Street in Saint John. This office can be contacted by telephone at 506.636.3574, or by fax at 506.636.5073. Officers at CIC Saint John are quite helpful and approachable. They deal with typical referrals from CPC Vegreville very quickly, usually within a few weeks, unless a full‐fledged investigation is required.

CIC Fredericton

This office is slightly larger has with three officers. The Provincial Director 506.452.3088 is also based at CIC Fredericton which is located at 495 Prospect Street in Fredericton. The office can be reached via phone at 506.452.3089, and by fax at 506.452.3392. The officers in this office are great to deal with.

CIC Moncton

CIC Moncton is located at 602.860 Main Street in Moncton and can be reached by fax at 506.851.2240.

NB PNP

The New Brunswick Provincial Nominee Program (“NB PNP”) issues letters of support to applicants that have been nominated by the Province. This type of letter of support is usually issued automatically to skilled worker applicants who are already working in NB and whose current work permit is nearing expiry. A work permit letter of support will also be issued upon request to applicants nominated in non‐ employer driven streams, who are required to work in NB, before their permanent resident application is approved. Current processing times for the NB PNP are in the range of two to three months. The NB PNP can be contacted at 506‐453‐7197.

Service Canada

There are four Service Canada offices in New Brunswick that process LMO requests. Those offices are located in Moncton, Saint John, St. Stephen and Fredericton. These offices work together in a collaborative fashion, and applications submitted to one office are can be processed by staff in another office. Temporary foreign worker officers are located in Moncton 506.851.3983 (phone); 506.851.6941 (fax), Saint John 506.636.3815 (phone); 506.636.3808 (fax) and Fredericton 506.474.7544 (phone); 506.451.2631 (fax). The Labour Market Consultant for New Brunswick is located in St. Stephen 506.465.2036 (phone); 506.465.2047 (fax). The Team Leader for the Atlantic Region 902.426.3193, with responsibility for the Service Canada Service Centres in New Brunswick, is based in Nova Scotia. The Manager for the Atlantic Region is based in New Brunswick.

Although the stated service standard for processing LMO applications in NB is 15 to 20 business days, practically speaking applications are usually processed more quickly than that. Moreover, where urgent processing is required, officers in the various New Brunswick offices work together to accommodate reasonable and justifiable requests for urgent processing. Where urgent processing is required, Service Canada officers in NB appreciate receiving as much lead time as possible so that they can plan their schedules accordingly.

Extraordinary requests for LMO confirmation without advertising that do not fit squarely into the standard variations to the minimum advertising requirements will be entertained, but will only receive positive consideration if they are supported by strong justification.

Online LMO applications (when that service is available) are preferred by officers in NB, especially where a quick turnaround is requested.

Saint John, New Brunswick is also home to the Service Canada Centre of Specialization that processes LMO requests for academics, doctors, specialists, registered nurses and arranged employment opinions for all regions or Canada besides Quebec. That office can be contacted by phone at 1.866.673.0711; and by fax at 1.866.585.7524. Program officers can be reached at these numbers and are generally quite responsive to questions from employers or counsel.

Atlantic TFWU

The Temporary Foreign Worker Unit in Moncton is responsible for all of Atlantic Canada. Processing times for the Atlantic TFWU are generally in the range of five working days. Staff at this office are generally quite helpful, but often more take a more strict approach to applications that you would expect at the port of entry. Although applications are accepted from employers and counsel in a format other than the prescribed application form, the Moncton TFWU does prefer applications to include a completed and signed application form with the supporting documents outlined in their checklist. Since neither document is available on CIC’s website, a copy of each is attached as an Appendix. Electronic copies are also available from the TFWU. The Moncton TFWU may be contacted at the following coordinates:

Phone: 506.851.2664 Fax: 506.851.3238 Email: [email protected]

Special Considerations in New Brunswick

Because New Brunswick borders the state of Maine, and you are never more than a couple of hours drive from the border anywhere in the province, there is less need for walk‐in or urgent work permit applicants to be processed at local CIC offices.

Prince Edward Island Andrea Baldwin, with assistance from Sean Kelly

Ports of Entry

There are two ports of entry on Prince Edward Island (“PEI”). Both are airports and are located in the cities of Summerside and Charlottetown. Only the Charlottetown Airport is staffed by CBSA personnel. In the event that clients are arriving by boat or airplane in Summerside and need to apply for a work permit, arrangements should be made in advance. PEI’s primary port of entry is, therefore the Charlottetown Airport. CBSA officers at the airport can be reached by phone at 902.566.7635, or by fax at 902.566.7275.

Local CIC Office

The only local CIC office on PEI is located in Charlottetown at 191 University Avenue. The office is quite small and can be reached by phone at 902.368.0833, or by fax at 902.566.8355.

The Manager of Operations for CIC on PEI, Paul Snow, is also based at CIC Charlottetown and can be reached by phone at 902.566.7736. Mr. Snow is quite approachable. Having spent a number of years working as a manager at CPC Vegreville, he is also very knowledgeable about work permit matters. In addition to oversight responsibility for CIC operations in PEI, Mr. Snow also manages the operation of the Moncton TFWU which also processes application from PEI employers.

Provincial Nominee Program

The Business Impact Category of PEI’s Provincial Nominee Program was recently overhauled. One of the many changes was the addition of a new Work Permit stream. The Work Permit stream is designed to accommodate foreign nationals who wish to reside permanently on PEI and transition into the Island’s business community. Although the stream requires that the applicant either start, purchase or make a significant investment in the equity of a PEI business, it does allow applicants to come to PEI on a work permit prior to making the initial investment. However, the PEI Government has limited nominees under this program to sectors which are best suited to enhance PEI’s economy. These sectors include export‐ orientated businesses, agriculture, fisheries and forestry, bioscience, IT, aerospace and renewable energy, and enterprises which will diversify PEI’s rural economies.

PEI PNP applications are administered from PEI’s Immigration Services office, located in Charlottetown. Complete information about the Program can be found at www.gov.pe.ca/immigration. More detailed enquiries can be made to PEI’s Director of Immigration Services, Phil Muise, who can be reached at 902.368.5899 or by fax at 902.368.5886.

Service Canada

Service Canada has one office on PEI, located in Charlottetown. In our experience the PEI office is very helpful and is willing to answer LMO‐related questions, even before a formal application is submitted. Because of the manageable volume of LMO applications received in PEI, processing times are quite fast. LMOs are often issued much sooner that the office’s 10 to 20 business day standard. In emergency circumstances, the office is amenable to expedited processing.

In our attempts to secure atypical LMOs, PEI officers have been receptive to novel arguments; however, the office is very strict about compliance with PEI’s Employment Standards legislation. This is especially the case with respect to overtime and paid vacation entitlements for workers, even for specialized service providers who are employed foreign corporations.

There are two Foreign Worker Officers in PEI: Alida MacEwen and Bonnie McOrmand. Both are very helpful and approachable, as Islanders tend to be. Ms. MacEwen can be reached by telephone at 902.626.2721 and by Ms. McOrmand at 902.566.7791. In their absence, Lillian Whiteway is Service Canada’s Labour Market Consultant for the Temporary Foreign Worker Program and will assist. She can be reached at 902.838.5564.

PEI LMO applications can be submitted by fax at either 902.368.0925 or 902.838.3439. Only English‐ language applications are processed on Prince Edward Island; all French applications are processed by bilingual officers in Nova Scotia. Bilingual Service Canada representatives can be reached at 902.426.3193. Service Canada in PEI does not have a preference for online applications.

Quebec Seth Dalfen

Ports of Entry

Quebec has dozens of ports of entry, many of which provide immigration services ‐‐ including work permit processing. By far the most popular of the Quebec ports of entry – and the most preferable for work permit processing – are the two main land ports of entry at the Vermont and New York State borders (St‐Armand/Philipsburg and St‐Bernard‐De‐Lacolle, respectively) as well as Pierre‐Elliott Trudeau – Montreal International Airport. CBSA Officers at these three principal ports of entry can be reached by phone (Pierre‐Elliott Trudeau – Montreal International Airport: 514‐633‐5235; St‐Armand/Philipsburg: 450‐248‐2411; St‐Bernard‐De‐Lacolle: 450‐246‐3831).

Officers at these three ports of entry are generally open to discussing hypothetical cases, but they are less willing than in the past to vet specific cases in advance of applicants presenting themselves at the port of entry. In complex cases where counsel wants to have a particular case vetted in advance and/or an appointment scheduled with an Officer, it is very important to reach out to a Supervisor. But even when such a connection is made, many Supervisors will refuse to make any commitments to even meet the applicant in person – and will instead defer to the authority of their front‐line Officers.

In addition to public passenger ports, there are dozens of commercial ports of entry for rail and ships, plus airports which allow international private flights.

Local CICs

There are three local CIC offices in Quebec: Montreal, Quebec and Gatineau. All of them handle referrals from CPC Vegreville for work permit extension applications. By far the busiest local CIC office is CIC Montreal, where walk‐in cases are discouraged. Indeed, while the Gatineau and Quebec offices indicate that they provide emergency services for temporary workers – CIC Montreal indicates walk‐in services for refugee claimants only. I don’t recommend sending a client to CIC Montreal without a n appointment, as they will almost always be turned away.

The current Program Specialist at CIC Montreal responsible for work permit matters is Charles Lajoie and he can be reached at 514‐283‐0828. Charles Lajoie is helpful and open‐minded – a true pleasure to deal with; however given how busy CIC Montreal is, I don’t recommend contacting Charles Lajoie directly for routine matters.

Service Canada

All Quebec cases are handled by the Quebec Service aux employeurs/Employer Services ‐‐ Travailleurs Étrangers/Foreign Worker Program which has centralized its operations in Montreal. The Program’s coordinates are the following:

Service Canada Foreign Worker Program 715 Peel Street, 4th Floor Montreal, Quebec H3C 4H6

Tel: (514) 877‐0022; (866) 840‐0222 Fax: (514) 877‐3680

Applications may be submitted completely via facsimile (no original signatures need be submitted). Processing delays are currently six to eight weeks ‐‐ although in urgent cases expedited processing can sometimes be obtained. Service Canada has become very proficient at issuing Acknowledgement of Receipt emails to representatives within one to two days; in many cases, this preliminary email will mention if any key documents were omitted. In general, Officers in Quebec will call or email counsel with any concerns or questions – before issuing a straight refusal.

Furthermore, many Officers are open to discussing complex cases on a hypothetical basis – even though individual Officers cannot generally select the cases they wish to handle (most cases are divided among Officers based on geographic region and/or industry). We have been warned by Service Canada Officers not to shop around. If the first Officer you call tells you something you don't like, do not call another officer for a “second opinion”. The Officers speak to each other and frown upon this practice.

In many cases, Service Canada will contact counsel before contacting the employer directly – particularly where counsel has a track record of credibility and responds to Service Canada requests quickly and with honestly. Indeed, we have been told that Service Canada Officers in Quebec “know” their lawyers and consultants; our reputations will be taken into account every time Service Canada begins processing a new file with us. Service Canada Officers will frequently chat among each other about the reputations of various lawyers.

Quebec Immigration

Under the Canada‐Quebec Accord, Service Canada in Quebec will NOT issue an LMO until the Ministère de l’Immigration et des communautés culturelles (“MICC”) has first issued a Quebec Acceptance Certificate (“CAQ”). Practically speaking, the LMO Application is initiated by submitting the Application to Service Canada. As soon as possible thereafter (ideally on the same day), a CAQ Application form, a copy of the entire submission to Service Canada and the applicable processing fees ($354) must be submitted to the MICC. Once Service Canada has come to a preliminary conclusion about the Application, it will forward its recommendation to the MICC. If the MICC concurs with Service Canada, MICC and Service Canada will issue a joint Confirmation letter. MICC will also issue a CAQ to the Foreign Worker.

Rarely will MICC refuse an application that Service Canada has recommended for approval; in certain cases, the MICC will convince Service Canada to approve a case Service Canada initially recommended refusing.

As with Service Canada submissions, all submissions to the MICC can be submitted completely via facsimile. All Applications can be submitted to the central office in Montreal:

Direction de l'immigration économique – Québec Sections Étudiants étrangers et Travailleurs temporaires 285, rue Notre‐Dame Ouest, 4e étage Montréal (Québec) H2Y 1T8 Tel: 514‐864‐9191’ 1‐877‐864‐9191 Fax: 514‐864‐3825

However, for quicker processing of off‐Island Applications, it is best to apply directly to the local MICC Office – a list of which is set out at the following URL: http://www.immigration‐quebec.gouv.qc.ca/fr/coordonnees/adresses‐quebec.html

Temporary Foreign Worker Unit

CIC’s TFWU in Montreal is well‐run and staffed by competent and service‐oriented officers. They generally take a very strict but fair approach to exemption opinions, and where a suggested exemption doesn’t apply they will often ask for more information rather than simply refusing out of hand. It is also possible to contact the unit at the general e‐mail address to seek guidance on complex issues without filing a full exemption opinion application. Processing delays are usually five business days, and where urgent processing is required, the TFWU will do their best to accommodate. Our office systematically processes LMO‐exemption cases via the TFWU and we are very satisfied with their performance.

Special Considerations in Quebec

Blanket LMO for IT Workers

With the termination of the Software Development “Pilot” on October, 2010, Quebec (along with British Columbia) opted out. Quebec’s plan has – and continues to be – to opt out temporarily while the province (MICC), CBSA, CIC and Service Canada negotiated a new list of designated occupations. Once this “Entente” is finally ratified by all parties, processing for the designated occupations (including several IT‐related occupations) would be processed on an extremely expedited basis – without the need to demonstrate any efforts at recruiting Canadian workers. However, the signing of the “Entente” has been delayed so the IT Workers’ blanket LMO is here to stay until further notice.

As was the case prior to October 1, 2010, prospective employers and applicants for qualifying work permits in Quebec must first apply to the MICC for a CAQ. CAQ Applications must be submitted to the same MICC offices as for “regular” LMO cases. For IT Workers, the MICC requires the submission of a CAQ Application form, the applicable processing fees ($354), and extensive evidence that both the job and the applicant qualify under the Software Development “Pilot” program. Current processing days are approximately four to six weeks, although expedited processing can be requested for urgent cases. Note that CAQ’s can be issued for more than one year at a time – even though CIC generally issues work permits to IT Workers for no longer than 12 months at a time. As a result, in many cases an initial CAQ that was originally issued for more than one year can be “re‐used” when renewing a work permit.

LMO’s For Foreign Workers Holding CSQ’s

One feature of work permit practice in Quebec is the interplay with the MICC’s power to select economic immigrants. Where a prospective immigrant who has been selected by the MICC (ie the holder of a Quebec Selection Certificate, or “CSQ”) is currently working in Quebec with a valid work permit – but the work permit is likely to expire before the applicant will actually be landed – Service Canada and MICC will generally approve an LMO to extend the work permit without requiring the employer to demonstrate efforts to recruit Canadians. However, both Service Canada and MICC will balk if they feel that the offered wage is too low. Typical of the accommodating approach taken by both Service Canada and MICC in these situations, however, the employer will almost always be given the opportunity to raise the offered wage before a refusal is issued.

Ontario Stephen Green

Unavailable at time of printing.

Manitoba Stephen Green

Unavailable at time of printing.

Saskatchewan Kyle Hyndman, with assistance from Stephanie Yang and Chris Veeman

Ports of Entry

Saskatchewan has 2 road crossings, the main one being at North Portal (306.927.6263) southeast of Regina. The latter is the only one handling commercial traffic. There is a smaller crossing at Regway, due south of Regina, that is administered by the CBSA office at North Portal; it appears that Regway does not have a printer for work permits, so document issued there will be handwritten. Furthermore, they will consult with North Portal which will make the decision. In other words, North Portal is the only real port of entry for work permits and Regway should only be used in exceptional circumstances.

There are two main international airports, at Regina (306.780.5218) and Saskatoon (306.975.4752). Both airports appear to be relatively facilitative.

Local CICs

Local CIC offices are found in Saskatoon (306.975.4120) and Regina (306.780.8745, fax: 306.780.8745). Both handle referrals from CPC Vegreville as well as walk‐in emergency work permit applications. Processing times vary hugely. CIC Saskatoon in particular will process walk‐in applications if a client can make a compelling case for urgency.

Special Considerations in Saskatchewan

Because of lower volume and smaller offices, processing times at local CICs tend to be less predictable than in some other provinces. However, in many cases you should expect weeks to months for work permit cases referred from CPC Vegreville. If the local offices can make a decision without further documents, there is usually no contact from the local offices.

Flagpoling can be problematic at North Portal, particularly at odd hours when the generally very helpful port manager is not on shift. This is the case for non‐visa‐requiring foreign nationals; visa requiring nationals are probably best advised not to try flagpoling in Saskatchewan.

One feature of work permit practice in Saskatchewan is the interplay with the Saskatchewan Immigrant Nominee Program. As with many PNPs, provincial authorities (of course only in the most exceptional and deserving circumstances) can sometimes provide quick nominations to support work permit issuance.

Saskatchewan is served by the Calgary Temporary Foreign Worker Unit. However, given that the Saskatchewan ports are generally well‐run and facilitative, there may be less advantage (other than those that apply anywhere in the country) to seeking TFWU opinions for Saskatchewan employers.

Nunavut, Northwest Territories and Yukon Kyle Hyndman, with assistance from Karen Wenckebach

Due to tiny CBSA offices tasked with handling a wide variety of enforcement and facilitation responsibilities, the author generally recommends against applying for work permits at any northern ports unless absolutely unavoidable. For the Yukon, the Vancouver TFWU will provide advance opinions that may assist in having work permits issued at the Erik Nielsen International Airport in Whitehorse or the two land crossings with Alaska.

The other territories are served by the Calgary TFWU. However, the author’s experience has been that the Calgary TFWU has been less facilitative than some of the other units and even many ports, so this approach may be of less benefit when heading for NWT or Nunavut. It will generally be advisable to have clients enter Canada via a major southern port before travelling north to work.

Alberta Kyle Hyndman, with assistance from Roxanne Israel

Ports of Entry

Alberta has only two main land ports. The busiest crossing is at Coutts, southeast of Calgary on the main highway into Montana (403.344.3767). Unfortunately local counsel were unable to suggest a circumstance where it would be advisable to apply for a work permit (or anything else) at Coutts. There are major international airports at Edmonton (780.890.4300) and Calgary (403.292.4593, fax 403.292.6844, supervisor 403.292.4590, Nexus 403.292.5421). Calgary tends to be better equipped to deal with work permit issues.

Local CICs

CIC has local offices in Edmonton (fax 780.495.6739) and Calgary (supervisor 403.282.5739; fax 403.292.6842). Both offer a full range of services, including handling referrals from CPC Vegreville and also emergency walk‐in applications. CPC Vegreville does not provide any direct in‐person service to the public under any circumstances. Both take many months to open files.

For walk‐in applications at either office, contact a supervisor in advance to ensure that your client will be seen.

Service Canada

The Service Canada Centre in Edmonton handles all Labour Market Opinion applications for Alberta. This office sends acknowledgements of receipt and file numbers within 1‐2 days of receipt, with total processing time normally being about 4‐6 weeks. Team leaders and manager are very knowledgeable and helpful. This office will accommodate requests for expedited processing in deserving cases. However, they always do exhaustive verification calls and will refuse applications if they can’t reach the client’s designated representative immediately. The office routinely handles bulk LMOs without difficult. It will also sometimes expedite applications where there is a referral from CIC’s TFWU in Calgary.

The office can be contacted by phone at 780.495.7972.

Temporary Foreign Worker Unit

The CIC TFWU in Calgary handles all LMO and WP exemption opinions for Alberta, Saskatchewan, Manitoba, the Northwest Territories and Nunavut. The unit is staffed by hardworking officers who make every effort t accommodate urgent cases. They generally endeavour to be facilitative, but tend to apply very different interpretations to certain regulations and policies. For instance, they are extremely resistant to GATS professionals and will insist on Canadian registration and licensing where applicable – but the same issue does not arise with NAFTA professionals. They are quite facilitative with business visitors.

The supervisor can be reached at 403.292.5739.

Special Considerations in Alberta

Due to the particularities of the oil industry, work permit applications as intra‐company transferees with specialized knowledge tend to be problematic at all of the Alberta ports. However, oddly enough, this is probably the best place in Canada to pitch a C20 Reciprocal Employment application. The author has even had a situation where an application was made as an intra‐company transferee and the TFWU refused but on its own initiative recommended C20, and approved on that basis.

Alberta ports are increasingly requiring clear documentation for business visitors rather than taking clients’ statements at face value.

Another unusual Alberta feature is that the Alberta Immigrant Nominee Program will no longer support initial work permit issuance, although it will support work permit extension for those already in the province on work permits issued with LMOs.

British Columbia Kyle Hyndman

Ports of Entry

Bordered by the US on two sides, BC is perhaps the most internationally connected province, with dozens of ports of entry including 19 road crossings, more than 30 designated airports of entry, four international ferry ports, and one passenger rail crossing. There are international airports at Vancouver (604.666.1185), Victoria (250.363.6764), Kelowna (direct line: 250.491.5176 but overseen by CBSA Kingsgate), Prince George (250.963.7469), Cranbrook (250.417.2223) and Abbotsford (administered out of the Huntingdon crossing 604.854.5558). International ferries serve Victoria, Sidney and Prince Rupert, and international cruise ships dock at Victoria, Vancouver and Prince Rupert.

On Vancouver Island, problems at ports of entry can often be addressed through the local CBSA offices: Victoria (superintendent 250.363.3179) and Nanaimo (250.754.0341, fax 250.754.0345). It is possible to walk right into these offices to discuss issues if you or your clients are in the area. However, the Vancouver Island ports are generally very pleasant and fair to deal with.

In addition to public passenger ports, there are dozens of commercial ports of entry for rail and ships, plus airports which allow international private flights.

CBSA is organized into regional offices; Okanagan and Kootenay land crossings and airports are all managed out of Kingsgate, south of Creston, so any issues arising at ports in the Southern Interior should be taken up with CBSA Kingsgate; they can be reached at 250.424.5391. Northern ports are administered out of Prince George. The South Coast land crossings are managed from Douglas (in Surrey, south of Vancouver); the best number to call for case‐specific matters there is the Superintendant’s line at 778.545.5530. However, in most cases it’s better to fax 604.541.1476. Keep in mind that these ports are among the busiest in the country so only call in an emergency.

Local CICs

There are five local CIC offices in BC: Vancouver, Victoria, Nanaimo, Kelowna and Prince George. All of them handle referrals from CPC Vegreville for work permit extension applications. However, due to their relative caseloads, processing times and procedures differ dramatically. Referrals to CIC Vancouver, for example, can take up to five months just to be opened (this is down from almost a year at one point), while referrals to Nanaimo are sometimes dealt with the day they are received.

CIC Vancouver

This is by far the largest of the offices and it handles the bulk of CPC referrals. The office is very large and has multiple sites; work permits are handled at 1148 Hornby Street. There is a Temporary Resident Unit that handles these cases and is staffed by more than a dozen officers. The supervisors change roles regularly so I won’t list a direct line, but the fax number for this unit is 604.666.0437. This is a very busy office and I don’t recommend contacting it directly unless you have a matter that is both urgent and cannot be resolved in another manner.

CIC Vancouver handles the vast majority of BC referrals from CPC Vegreville and other types of work permit issues. This officer has been extremely resistant to handling walk‐in applications. Before OB 195 on emergency applications, it would refuse to consider these almost consistently. Since the OB, they have been entertaining these but appear to have been interpreting the OB very restrictively. Don’t try to send a client to CIC Vancouver to make a walk‐in application for a work permit except in the most urgent and compelling circumstances, or they will be turned away without any consideration being given to their application. I recommend contacting the local office by fax in advance if you have a client who intends to apply in person at CIC Vancouver.

CIC Victoria

CIC Victoria handles cases on the south Island, and can be reached by fax at 250.363.3669. Processing times on referrals from CPC Vegreville vary, but expect roughly six weeks to open a file in most cases. The author was unable to obtain information about local practice on walk‐in applications here.

Service Canada

Service Canada’s Temporary Foreign Worker office for BC and the Yukon is located in Vancouver. It can be reached at 604.687.7803; this is the general line, and a message can be left for a duty officer to call back (this will usually happen within 1‐2 business days, less if urgent). While the recorded message is relatively useless, duty officers usually do respond to unique situations and provide helpful advice about complex cases. Where they cannot resolve something, they will commonly get assistance from a program specialist or manager. It is rarely necessary to go directly to a manager. The general fax number for applications and for enquiries is 604.666.8920; for film industry applications, fax 604.666.7731; for live‐in caregivers, fax 604.666.3414.

Keep in mind that for LMO applications in BC, Service Canada will always make a verification call directly to the employer, and counsel will generally not be advised in advance. BC employers should be counselled on how to prepare for these calls, which involve a nauseating verbal repetition of every piece of information on the LMO application form. This practice appears not to be consistent across Canada, and while it may reduce incidences of fraud and clerical error, it is extremely time‐consuming, frustrating for employers, and diminishes counsel’s role. LMO processing times in BC are currently about 3‐4 weeks as of the date of writing this paper. There is a special unit that handles film industry applications, usually within one day.

BC PNP

BC’s Provincial Nominee Program allows for work permit issuance following nomination. In the Strategic Occupations category (the employer‐driven skilled worker category), nominations are currently taking about 4‐5 months. BC PNP will not normally issue a work permit support letter without a specific request, but they will normally issue it within a few days of getting such a request, which must include a specific statement that the employer requires the employee to start as soon as possible.

CBSA in BC is now quite familiar with r.204 and BC PNP‐supported work permits, so don’t expect too much difficulty at the ports with these work permits as long as your clients are properly prepared in advance, including having a copy of the work permit support letter.

The BC PNP can be reached at 604.775.2227. They have generally been responsive and it is possible to speak to a human being at this number. However, as processing times have risen (from five days a decade ago to five months now), they are getting less responsive as they attempt to dedicate more resources to processing. Requests for work permit support letter should be made in your application submissions, and if necessary again by e‐mail to the nominating officer (whose e‐mail address will normally appear in the nomination documents).

Temporary Foreign Worker Unit

CIC’s TFWU in Vancouver is well‐run and staffed by experienced officers. They generally take a very strict but fair approach to exemption opinions, and where a suggested exemption doesn’t apply they will sometimes suggest alternatives or ask for more information rather than simply refusing out of hand. It is also possible to contact the unit at the general e‐mail address to seek guidance on complex issues without filing a full exemption opinion application. Most of the major BC ports have a similar attitude and competence, though, so the unit’s benefits are thus limited. However, if a client will be applying for an unusual type of work permit (including C10 significant benefit work permits under r.205(a)), or heading to a smaller port of entry (for example, Kelowna International Airport), the TFWU opinion can be invaluable in avoiding hassle at the port of entry.

Special Considerations in BC

Flagpoling

One local peculiarity in BC is the ease of obtaining work permits by flagpoling. This is particularly true at the land crossings south of Vancouver and in the Fraser Valley, including Douglas, Pacific Highway and Huntingdon. Flagpoling involves formally “leaving” Canada and re‐entering, without actually being admitted to the USA, and it allows someone to do something that can only be done upon entry to Canada such as applying for a work permit.

The US border authorities at these ports have become very familiar with this procedure and are quite facilitative, even though I am advised by US counsel that this practice is in fact not sanctioned under US law. The process works like this: a client in Canada travels by road to a port of entry and stops first at the CBSA office to indicate she will be flagpoling. CBSA gives her a document and directs her to the US side. The client then crosses to the US port, indicates she is flagpoling and hands over the CBSA document. The US authorities stamp the document indicating that she has voluntarily withdrawn, and return it to her. She then crosses back into Canada and hands in the stamped document indicating she has left Canada and returned. She is then able to apply for a work permit (provided the requirements of r.198(2) are met).

It appears that this practice in other parts of Canada could risk a removal order and exclusion from the USA, but at the BC ports the US authorities do this routinely and without issue. This is even the case for those with no US or Canadian visa, provided the client is visa exempt either by nationality or due to r.190(3)(f) or another exemption. Despite this being common practice at major BC ports, given the US law and the realities in the rest of Canada, this approach is not without risk and should only be attempted where there is no other readily available option.

One particularly unconventional but popular “flagpoling” route is via the Coho Ferry from Victoria to Port Angeles, Washington. Applicants on Vancouver Island who don’t want to take the ferry to Vancouver and then drive to the US have the option of taking the ferry to Port Angeles, “flagpoling” at the US port, immediately re‐embarking on the MV Coho and returning to Victoria. If arranged in advance, the CBSA in Victoria will have everything processed and ready for the ferry’s return, saving everyone a great deal of time. However, I am not aware if this method will work in the absence of a US visa and don’t recommend trying it without first consulting both the Canadian and US ports.

Blanket LMO for IT Workers

With the long‐anticipated demise of the Software Development “Pilot” on 1 October 2010, BC (along with Quebec) opted out. BC’s plan was to opt out temporarily while the province and Canada negotiated a new list of designated occupations under the Federal‐Provincial agreement, which as of 2010 now contains a Temporary Foreign Worker Annex. However, implementation of the list has been delayed so the IT Workers’ blanket LMO is here to stay, at least until 30 September 2011. Prospective employers of applicants for qualifying work permits in BC must advise both the Feds and the Province by e‐mail ([email protected] and [email protected] respectively) before the applicant applies for the work permit. However, there is no permission required – just notification. This applies whether the application is made at a visa office, port of entry or inland.

Regional Differences in Processing Times

The service you can expect on work permit referrals from CPC Vegreville will depend spectacularly on which local office gets your application. Those living in the Lower Mainland will be served by CIC Vancouver. With one of the biggest caseloads in the country, this office will often take more than four months just to open a file and start reviewing it. Those fortunate enough to live in the Harbour City of Nanaimo might have their files opened the day they arrive, and could have a decision that day if nothing else is required. You are also more likely to a quick phone call to clear up any simple issues, rather than waiting months for a formal letter or even longer for an interview.

Dealing with Work Permits for Other Locations

Vancouver International Airport is the main port of entry for many arrivals from the Asia‐Pacific region, including those heading east of the Rockies. However, CBSA at YVR is not always familiar with provincial nominee programs from other provinces, and there can be other problems with workers headed east after arriving in Vancouver. If you have clients in this situation, make sure you provide very clear submissions and supporting documents showing where the work will be (and in the case of a non‐BC PNP, why they qualify), and counsel your clients to check their work permits very carefully upon issuance to ensure BC has not been listed as the location.