Document Details

Summary:
The application filed by the Applicants is dismissed.

The Applicants challenged a decision made under Canada’s Temporary Foreign Worker Program which is administered by the Respondents. The Applicants were granted public interest standing by the Court to bring this application for leave and judicial review. Specifically, they challenged the decision of an officer of Human Resources and Skills Development Canada to issue positive Labour Market Opinions [LMOs] under section 203 of the Immigration and Refugee Protection Regulations, SOR/2002-227[Regulations]. The officer issued the
LMOs to HD Mining International Ltd. [HD Mining] for 201 workers from China to do the work of extracting a bulk sample from HD Mining’s coal properties near Tumbler Ridge, British Columbia, on the basis that the employment of these foreign nationals would likely result in “a neutral or positive effect
on the labour market in Canada.”
The Court held that the officer did not fetter his discretion when assessing the LMO application from HD Mining, or make any unreasonable assessment when considering the factors set out in subsection 203(3) of the Regulations. Further, as counsel for the Applicants conceded, it is not necessary that
an applicant meet every one of the six factors listed in subsection 203(3); rather, the decision-maker must examine and assess each and then perform a weighing exercise to de
cide whether the LMO will issue. This is exactly what the officer did. In particular, the officer had noted that even if the job creation and skill transfer factors did not weigh in favour of a positive opinion, all of the others did and the LMO would still issue.

A copy of the decision can be obtained via the Web site of the Federal Court: http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Index