Managing Compliance Reviews

WHEN
Live webinar May 13, 2020 @ 12:00 PM EST
OR available available video recording

INSTRUCTOR
Cathryn Sawicki

DURATION
2 hours

SUMMARY: Employers are required to meet and comply with specific requirements when they hire foreign workers. Interestingly, employers have the opportunity to set out some of the basic terms and conditions in their offer of employment, even though some of the conditions are set by Regulation or policy. This course will provide practitioners with helpful hints on how to structure employer registrations to avoid compliance issues and what to do during an inspection or review. The course will also address many of the ethical obligations associated with being retained by an employer, registering an employer, data storage/collection, handling confidential information and managing an inspection or review.

Overview
LMIA – Service Canada applications
- The duty of confidentiality – addressing how to include confidential employer information in the LMIA application
  - When is it justified to disclose this information
- Helpful compliance hints when submitting the LMIA application on behalf of an employer
  - Competence of counsel/representative and the duty to avoid conflicts of interest
IMP – Employer Portal
- Helpful compliance hints when submitting a “job offer” on behalf of an employer
  - Competence of counsel/representative and the duty to avoid conflicts
Legislative Review of 209R
- How to manage dishonesty and fraud on behalf of an organization
- When and how to withdraw from representation of the company
Employer compliance review, review under Ministerial Instruction and inspections
- Employer obligations and the storage of data, GDPR obligations, etc. in accordance with the Rules
- “Triggers” for an inspection
- Voluntary disclosure of non-compliance
- Inspection process and the role of the representative as advocate
- Officer authority under 209R and interviewing witnesses/employees
- Factors reviewed on an inspection
- Justifications
- Possible outcomes
Discussion and review of scenarios
Questions and answers

See Full Course Outline

CPD CREDITS

For Lawyers and Paralegals

Law Society of Ontario
• Substantive Hours: This program is eligible for up to 1 hour
• Professionalism Hours: this program contains 1 hour of Professionalism Content

Law Society of British Columbia
   • Approved for 2 CPD credits

Law Society of Saskatchewan
   • Approved for 2 CPD hours including 1 hour of ethics

Law Society of New Brunswick
   • Approved for 2 CPD hours

Law Societies of Alberta, Manitoba, Newfoundland and Nova Scotia
   • For members of these Law Societies, consider including this course as a CPD learning activity in your mandatory annual requirements

For Regulated Canadian Immigration Consultants

Immigration Consultants of Canada Regulatory Council
   • Approved for 2 CPD hours
   • Video recording valid until November 21, 2020

Purchasing Options

Single Course

Includes
• Access to the course materials
• Possibility to download and watch the webinar

Your Instructor

Cathryn Sawicki

Barrister & Solicitor - Certified Specialist

Senior Partner, Serotte Law Canada

Cathryn Sawicki, Senior Partner at Serotte Law Canada, is a lawyer in good standing with the Canadian Bar Association (CBA), Ontario Bar Association and a member of the Law Society of Ontario. She completed her law degree at Osgoode Hall and is the co-author of a book called “Canadian Immigration and Refugee Law: A Practitioners Handbook” which is currently in its second edition and distributed by Emond Publishing.

Cathryn has been designated as a Certified Specialist in Immigration and Citizenship Law by the Law Society of Ontario and has particular expertise in the area of compliance, strategic immigration solutions, and immigration processing.

With more than 20 years of experience in the area of citizenship and immigration law, Cathryn is able to provide sound advice to multi-national companies, small businesses and individuals. She can assist clients with long-term and short-term immigration solutions. Cathryn has extensive experience and expertise on a variety of aspects ranging from employer compliance, Federal Court matters and global mobility solutions.

She has leading caselaw before the Federal Court of Canada and the Federal Court of Appeal. Moreover, Cathryn obtained one of the largest immigration settlements in the 50-year history of one of the law firms she worked at.

She has appeared on various radio and television shows as a guest speaker. She has lectured across Canada for various entities, has been interviewed for various newspapers and online articles and has taught immigration law at various colleges and law schools across Canada.