On April 25, 2014, Jason Kenny, the Minister of Employment and Social Development, placed a temporary ban on issuing LMOs to businesses in the food service industry for a number of occupations.
Minister Kenny has stated that the ban will only be in place until an investigation is complete, which should be sometime in June according to Economic and Skills Development Canada (ESDC). Until then, no new LMOs will be issued for specified jobs in the food service industry, and any unused positive LMOs that have already been issued will be suspended until the completion of the investigation. The investigation is a result of several complaints and tips that have been reported regarding the temporary foreign worker program.
The most notable company under investigation is McDonalds, who has been accused of using cheaper foreign labour to replace Canadian workers, but there are fears that these kinds of abuses are taking place around the country.
One story that made national news earlier this year involved a restaurant in Saskatchewan where long-employed Canadian workers were let go so that foreign workers could take their places. ESDC and Minister Kenny hope to remind Canadian businesses that hiring temporary foreign workers is only to be used as a last resort only when Canadians are unable to meet the needs of the employment marketplace and fill those jobs.
Even though many LMOs are not being issued to the food service industry, it is important to remember that the moratorium has specific limits. The only banned occupations are for companies that prepare and serve snacks, meals, or beverages for immediate consumption by customers on the premises or shortly after leaving. This includes restaurants such as those found in airports, hotels, or shopping malls, but it does not include food preparation in amusement parks, theatres, and hotelkitchens. Also, not all positions are under the moratorium. It only applies to those positions found on the list below.
|NOC Code||Job Title|
|6641||Food Counter Attendants, Kitchen Helpers and Related Occupations|
|0631||Restaurant and Food Service Managers|
|6212||Food Service Supervisors|
|6453||Food and Beverage Servers|
|0611||Sales, Marketing and Advertising Managers|
|0621||Retail Trade Manager|
|0632||Accommodation Service Managers|
|0651||Other Services Managers|
|6211||Retail Trade Supervisors|
|6214||Dry Cleaning and Laundry Supervisors|
|6216||Other Service Supervisors|
|6221||Technical Sales Specialists – Wholesale Trade|
|6251||Butchers, Meat Cutters and Fishmongers – Retail and Wholesale|
|6411||Sales Representatives – Wholesale Trade (Non-Technical)|
|6421||Retail Salespersons and Sales Clerks|
|6451||Maîtres d’hôtel and Hosts/Hostesses|
|6484||Other Personal Service Occupations|
|6622||Grocery Clerks and Store Shelf Stockers|
|6623||Other Elemental Sales Occupations|
|6651||Security Guards and Related Occupations|
|6661||Light Duty Cleaners|
|6663||Janitors, Caretakers and Building Superintendents|
|6681||Dry Cleaning and Laundry Occupations|
|6682||Ironing, Pressing and Finishing Occupations|
|6683||Other Elemental Service Occupations|