Is the Owner Operator Program Still a Viable Entrepreneur Pathway in Canada?

Is the Owner Operator Program Still a Viable Entrepreneur Pathway in Canada?

The Labour Market Impact Assessment (LMIA) Owner Operator Program is one of the most popular entrepreneur pathways into Canada. As of April 2021, however, the program as we know it has changed. The changes have led many to question whether or not it is still viable at all. Let’s explore.

The Original LMIA Owner Operator Program As the name implies, the owner operator program is an Entrepreneur Pathway for those that intend to own a controlling share, and play an active role in the day-to-day operation, of a business. Hence the term, owner/operator.

The Labour Market Impact Assessment (LMIA) is a clearance that many companies must get to bring on a foreign worker. Its purpose is also indicative of its name. It was established to evaluate the impact a foreign worker will have on the overall labour market in Canada.

Now, combining the two, the LMIA owner operator program is a variation of the standard LMIA. If the application can successfully convince officials that the admittance of the owner operator in question would have a neutral or positive impact on the labour market, they would receive a positive LMIA. Owner Operator Program Changes The recent changes mean that owner/operators will now be evaluated under the same criteria

as standard LMIAs. There are two notable changes from the program as it used to exist to present day.

Job Advertisement Requirement – A key component of the standard LMIA is that a job advertisement must be placed before a foreign worker is hired. This is meant to demonstrate that a suitable local candidate could not fit the role.

However, the owner operator entrepreneur pathway waived this requirement. As the owner would also be the one deciding who to hire, it didn’t seem to make much sense. Yet, this is one of the requirements that now also must be met.

Prevailing Wage – When starting a business, whether as an immigrant or not, it is common practice to pay yourself less than the standard pay for a manager or senior executive. This allows owners to put money back into the business for various reasons. However, the LMIA requires that any role is paid the prevailing wage for the specific NOC code. Previously waived for the Owner Operator Program, they must now adhere to this standard as well.

The Owner Operator Program is Not Cancelled Despite the changes, it is important to note that the program is not cancelled. Early on there was some confusion over this so it is vital to state this plainly. Yes, it is true that it will require adherence to the original program, but it is still an option for potential owner/operators.

Navigating Your Chosen Entrepreneur Pathway The LMIA owner operator program is still a viable option under certain circumstances. There are also a host of alternative immigration and Entrepreneur Pathways available. Regardless which program you go with, it can be a misstep to navigate this alone. You should consider hiring an immigration consultant or lawyer to help ensure you are pursing the best program.

Once your path is chosen, make sure to hire a professional business plan writing firm to help strengthen your immigration case.