[requester]

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the LMIA contract, © * The worker's employment conditions as per the original offer of employment (for example, the wages, duties and location) have not changed. If the take-over organization does not become a successor in interest (that is, it does not assume all of the interests, obligations, assets and liabilities of the original organization), a new LMIA or offer of employment and new work permits are required for all temporary workers holding employer-specific work permits, and the employees should cease working for the take-over organization until new work permits have been obtained Thank you kindly, [requester] De: Envoyé: [requester] A: Immigration Representatives / Représentants immigration (IRCC) <[requester email]> Objet: [requester] Dear [requester]/[requester] name | am writing to request clarification regarding the Temporary Foreign Worker Program (TFWP), specifically in relation to the policies outlined in the "Guide to Mergers and Acquisitions” ()ttps://www.canada.ca/en/immigration-refugees- citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents /foreign workers/guide-mergers-acquisitions.htmi). | would appreciate your guidance on how to interpret these policies in situations where Temporary Foreign Workers (TFWs) with LMIA-based work permits are employed in a portion of a company that is being sold to an external party. The guide states: "if the new organization is a successor in interest, the temporary worker is not obligated to obtain a new work permit and will continue to be authorized to work in Canada for the duration of the period stated on the existing work permit, as long as the takeover organization assumes the LMIA contract and the worker's employment conditions as per the original offer of employment have not changed." Could you please confirm if this means that, despite a change in employer from the original organization to the takeover organization, the TFW’s work permit conditions will remain unaffected as long as the takeover organization agrees to assume the LMIA contract and the worker's employment conditions remain unchanged? Additionally, | would like to understand the obligation to report changes in employer conditions to ESDC and [requester] to the "Modification to a Positive Labour Market Impact Assessment Guide" (https://www.canada.ca/en/employment-social-development/services/foreign-workers/modification-positive. imia.html), it is stated that "some minor modifications must be reported without submitting a new LMIA to ESDC," while "material modifications that do not respect the terms of the positive LMIA letter and annexes must be voluntarily disclosed." | would appreciate clarification on the following four questions: 1. Inthe case of a change in ownership of an organization, which party is responsible for reporting this change to IRC, the previous employer, new employer or the Temporary foreign worker? 2. Would a change in ownership of an organization be considered a minor modification (e.g., a change in contact information) or a material modification (e.g., a change of employer)? 3. Does this reporting obligation apply only to pending LMIA-based work permit applications, or does it also oo1901

extend to approved LMIA-based work permits? 4, Do TFWs have any obligation to report changes in their employer as listed on their work permits? Especially in some cases that the TFW may not even aware of the ownership changes when the public name remain unchanged | would greatly appreciate your assistance in interpreting these policies and clarifying the responsibilities of all relevant parties in the case of a change in employer ownership for TFWs with approved LMIA-based work permits. Thank you for your time and assistance. [NAME REDACTED] oot902