Pages 1 through 3 redacted for the following reasons: Script for CIC PREAMBLE: 0 BC and CIC have committed to Microsoft that they will have an exemption from the LMO process for the employees of the Microsoft Centre of Excellence. 0 The opening of the Centre of Excellence in Vancouver will be announced on May 1, 2014. THE ISSUE: 516. 521 0 CIC has asked that MS instead use the inter-company transferee option or other international agreements to bring in this group of employees. 0 While this option will work for some hires, it is not an option that all of the core employees are eligible for. Inter?company transfers require that employees have been with MS for a minimum of one year prior to entry to Canada. MS indicates that some in this category will be new international hires or employees of less than one year. 521 THE SOLUTION: - BC work with MS and CIC over the coming weeks to identify those core employees that will be able to use the inter-company transferee or international agreement streams. Affirm with CIC that though the positions in are ?core positions", the employees themselves will fill them on a temporary basis. 0 CIC recommit, at the executive level, to the commitment to use the authority of the TFW Annex for core employees for whom this avenue is the only option for entry to Canada. ATTACHMENTS: Appendix A: Worker Type and Immigration Mechanism Appendix B: Record of Communication of Microsoft Centre of Excellence project Page 4 Appendix A: Worker Type and Immigration Mechanism Types of Employees Immigration CIC Response Mechanism Rotational Employees BC TFW Annex No concern Foundry Employees Not required as No concern students are already in Canada Core Employees Intra-company No concern Executive, management, or those Transferee with specialized knowledge of particular industry, product or service who: - live in countries that are a signatory to an international trade agreement - have been employed by M5 for at least one year prior to transfer Core Employees BC TFW Annex Executive, management, or those 516 with specialized knowledge of Proposed solution: particular industry. product or service - MS needs to who identify whether live in countries that are a this is even an signatory to an international trade issue. agreement - If an issue, will - have NOT been employed by MS work with to for at least one year prior to find pathway transfer Core Employees NAFTA or other No concern - executive or management who will similar international work on a contract with Microsoft, agreement contract secured pre-arrival Page 5 Appendix B: Record of Communication of Microsoft Centre of Excellence Project JTST DM to CIC DM BC outlines intent to exercise it authority see excerpt 1 - Provides high level summary of centre and its educational, training and work experience program see excerpt 2 - identifies five criteria Related Excer 1) ?Following Citizenship and immigration Canada?s referral of Microsoft to the Province, i am writing to communicate British Columbia?s intent to exercise its authority under the Canada~British Columbia immigration Agreement Temporary Foreign Worker (TFW) Annex to support the establishment of Microsoft?s Global Excellence Centre (the Centre) in VancOuver." 2) ?The Centre would welcome up to 700 new international hires annually to take an educational, training, and work experience program before being permanently placed in Microsoft's global offices . .. The 18 month program includes a minimum of three months foundational education and training and up to 15 months productive hands-on work __exp_e_ri_ence." Citizenship and Immigration Canada strongly supports British Columbia (B. C.) in this use of its TFW authorities, and is in agreement with the province that this exemption from the Labour Market Opinion (LMO) process will be of signi?cant economic benefit to Canada and B. C. "given the particular nature of the project 3) ?010 will continue to work with B. C. to ensure that, with an acceptable proposal by Microsoft in place, our operations provide predictable and timely issuance of work permits to the temporary foreign workers associated with this initiative EJET to JTST 2013 - Notes supports for BC in the use ofits TFW authorities see excerpt 3 - Acknowledges the five criteria that Microsoft must meet - Notes that CIC work to ensure predictable and timely issuance ofwork permit to TFWs see excerpt 4 - References an expectation that appropriate evaluation measures are established to assess post implement that project continues to meet five criteria "lilo?ro?s?t?VPE JTEFJDH - Summarizes how Criteria met. eases are Eter?mwetlijee Tris?1E Wait?) business operations in Vancouver and _Et?t??e rotational prog?m we Page 6 _M?ar1?3,? 2014 TME2T, 2014 man?M tF?FMch? - June/July first phase for staffing long term and rotational work force streams asset get?mt?a? - initial phase include approx. 175 employees. including approx. 100 long term employees, approx. 50 rotational employees and 25 Foundry. I predict many first employees require use of the Annex - see excerpt 5 Microsoft/ESDC - Summarizes how Microsoft met criteria Includes the following: - Use of TFW Annex for workers at the Centre (does not specify worker types) see excerpt 6 - Estimates next 12 months approx. 140 foreign nationals will be coming see excerpt 7 Microsoft Confirmation BC in agreement that Microsoft has met criteria - States Annex provides BC authority to exempt from LMO see excerpt 8 - Advises BC communicated to CIC exemption to approx 150 workers see excerpt 9 predict that many of these ?rst employees will require use of the TFW Annex to secure work authorization in Canada 5) ?As agreed to in our correspondence dated August 15 and October 16, 2013, EC proposed and Citizenship and immigration Canada endorsed BC's use of section 4.3 for workers at the Centre it Microsoft was abie to demonstrate that it has or wiil meet ail five criteria. ?Furthermore. as required by section 4.3.2 BC estimates that in the next tweive months, approximateiy 1?40 foreign nationais will be coming to work at the Centre. The first phase of workers are expected in June or Juiy __201_4 7) The Annex provides authority for the Province to designate that a group of workers can be exempt from the requirement for a Labour Market Opinion for a 72 month period. 8) has communicated to Citizenship and immigration Canada that BC wiit be providing this 5) exemption to the approximately 150 Page 7 . .. . MAR 1 3 2014 Ms. Anita Biguzs Deputy Minister [?18 COLUMBIA Ref: 103920 Citizenship and Immigration Canada Ottawa, ON K1A 1L1 Dear Ms. Biguzs: Pursuant to section 4.3 of the Temporary Foreign Workers Annex to the Canada BC Agreement, I am writing to provide British Columbia?s recommendation that the workers at the Microsoit Centre of Excellence be issned work permits without a labour Market Opinion (LMO). As agreed to in our correspondence dated August 15 and October 16, 2013, BC proposed and Citizen and Immigration Canada ((310) endorsed use ofseetion 4.3 for workers at the Centre il? Microsoft was able to dent onstrate that it has or will meet all tire criteria. On ebruary 28, 2t) l4, BC received a letter and economic impact report prepared by Ernst and are attached. Upon review ol?the submission, BC the conditions and accordingly, is el Annex. Speci?cally, a British Colombians will not Applications and Services (i be filling, new openings. in .Job opportunities are created launch 10% of the long~term is meeting the requirements. A copy of the letter and report has determined that Microsoft has demonstrated it has met igibility for the LMO exemption under section 4.3 of the be displaced. By adding a new line of business, the map, the foreign nationals to be exempted from LMOs will for British Colombians. Microsoft has committed to ?ll, at professional workforce with Canadians. In addition, Microsoft will hire 5t} interns ainiually ['or a 16-week program. in total, the Centre wiil create over 20H permanent and rer 35f} temporary and positions. at Microsoft is making a sizcable, multi?year investment. Microsoft?s annual investment in the Centre will be in real estate costs and salary and bene?ts. In addition, Microsoft is making in one time capital investments to establish. the Centre. Ministry Tourism and Skills Training and Minister Responsible for Labour Of?ce oflhe Deputy Minister mum?.5. Mailing Address: . Location: PO Box 9846 sm Prov Govt Floor, 1810 Blanshard Street Victoria BC VSW 9T2 Victoria BC Phone: 250 952-0102 Pa 6 8 Fax: 2.50 356-1195 _2014_00185 Page .2 education, careers, and innovation. The Centre is expected to expand Vancouver?s technology development capacity, increase opportunities for technology transfer and create closer partnerships with BC universities. 0 City of Vancouver support for the Centre. Microsoft has been in contact with City personnel and upon con?rmation that Microsoft has met the criteria and announcement of the Centre, Microsoft will obtain formal support. Work permit applications for the Centre?s foreign national employees will be accompanied by a letter from BC con?nming that this group of workers are exempted from the requirement for an LMO. With this noti?cation, ask that you initiate the operational changes necessary to accommodate this exemption. My staff will continue to work With your staff on this, as well as the development of an evaluation framework. BC remains committed to and shares interest in ensuring that employers, such as Microsoft, make use of temporary foreign workers in accordance with the Temporary Foreign Yours truly, Dave Deputy Minister Enclosures pc: Mr. Ian Shurgart Deputy Minister Human Resources and Skills Development Canada Ms. Karen Jones Vice-President, Deputy General Counsel Microsoft Corporation Page 9 MAR 2 20"? Ms. Karen Jones ITIS COLUMBIA Vice-President, Deputy General Counsel, HR Legal Group Microsoft Corporation One Microsoft Way Redmond> WA USA 98052?6399 Dear Ms. Jones: It was a pleasure to meet you and your colleague, Kerry Olin, in Victoria recently. hank you also for your letter dated February 28, 2014. I am pleased to con?rm that the Province of British Columbia (BC) is in agreement that Ref: 103730 Microsoft has met the criteria to be eligible for the Labour Market Opinion exemption provider under section 4.3 of the 'l?emporary Foreign Worker Annex to the Canada-BC Immigration Agreement. The Annex provides authority [or the Province to designate that a group of workers can be exempt. from the requirement for a Labour Market Opinion for a 12 month period. BC has communicated to Citizenship and immigration Canada that BC will be providing this exemption to the approximately 150 workers. A copy of that letter was sent to you under separate cover. in order to maintain the integrity of the exemption, the Province will provide individualized letters of support to each applicant who is eligible for this exemption. The Province is still in discussions with Cl regarding other Operational logistics. As these discussions conclude, Mr. Scott MacDonald, Assistant Deputy Minister, Labour Market and will be in contact with you to discuss further operational details. Finally, as you know, the Province?s authority only extends to exemptions from Labour Market Opinions. Microsoft is subject to all other work permits, terms and conditions, including the requirement for visas and medical examinations, where applicable, and meeting the requirements for admissibility. Ministry ofJohs, ?l?ourism and Skills 'l'mining and Minister Responsible for Labour Of?ce oithe Deputy Minister Mailing Address: Box 9846 Sin Prov Govt Victoria BC V8W 9T2 Phone: 250 952-0102 Fax: 250 356-1195 Location: ?oor, l3] 0 Blansltard Street Victoria BC V8W 9?1?2 Page 10 Ms. Karen Jones Page 2 I would like to thank Corporation for its lun expanding its presence with the addition of the Applic to working with Microsoft and continuing our partner Yours truly, ?m 9' Dave. Deputy Minister pc: Mr. Scott MacDOnaId g-tenn commitment herein BC, atirm and Services Group. =I?160k ferard Ship. Page 11 1) Criteria for projects to participate: - Does not diSplace British Coiumbians from theiob market; 0 Results in a sizeabte, multi-year investment in British Coiumbia; - Creates job opportunities for British Columbians; 0 Results in knowledge transfer for British Columbians; and Receives support from iocai government. 2) Exemption can be for 12 months. 3) Microsoft will send each individual?s information for the exemption letter to the Ministry (see letter and spreadsheet to determine what information needs to be sent). Ministry will return exemption letters to Microsoft?s lawyer. 4} Also in regards to provincial letters, should a Microsoft worker that is in Canada under the streamlined process, require an extension for their work permit (for example, a rotational employee must return home for a duration which could impact their full 18 months oftraining), the province again is required to issue a letter. 5) Letters from the province will form part ofthe package that foreign nationals present at points of entry or at visa offices. 6) Adequately protect TFWs are we giving them ESB info sheets about how to make a complaint to an employer? {Two hand-outs on ESB's site to be included immigration packages that employer will provide: 7) EARLY PROCESS: a. BC DM sends DM a follow-up letter stating the proponent has fulfilled five criteria OK b. BC receives list of employees from the proponent OK BC provides each of these employees a letter stating under the Canada-BC Agreement, TFW Annex they are entitled to may receive apply for a work permit (CIC to provide/confirm precise language required) (WPs are assessed on a case?by?case basis, and entry to Canada depends on fulfilling all admissibility requirements d. At the port of entry, each employee presents border officer with the employment letter from the proponent and the letter from BC. Canada and BC will develop a mechanism to track the flow of entries and exits for this proponent, as well as develop evaluation indicators to be discussed. Page 12 Davidson, Julie From: Allan, Shelley Sent: Thursday, December 18, 2014 2:21 PM To: Strandberg, Rodney Cc: Renault, Shannon Subject: FW: info requested From: McNeill-McKinnellMegan Sent: Monday, April 28, 2014 12:05 PM To: Altan, Shelfey Renault, Shannon Cc: HarveyAlison; Judge.Robert Subject: RE: info requested I believe this would be fairly straightforward but will check in with our Ops colleagues to see if there is anything that should be considered. Megan Megan McNeiII-McKinnell Acting Assistant Director Directrice adjointe par interim NHQ - Immigration I AC - Immigration Citizenship and Immigration Canada Citoyennete? et Immigration Canada 365 Laurier Avenue West Ottawa ON K1A 1L1 I 365, avenue Laurier Ouest Ottawa ON K1A 1L1 Telephone 3 Telephone 1313-9523319 Facsimile I Teleoopieur Government of Canada I Gouvernement du Canada From: Allan, Shelley Sent: April 28, 2014 3:02 PM To: McNeill-McKinnellMegan,? Renault, Shannon Cc: Harvey.Alison Subject: RE: info requested Megan/Alison: Can you please advise if a foreign national working in Vancouver for MS will have new work permits issued if they are working at the new location. In other words, if only the street address changes? From: McNeilI?McKinneII.Megan Sent: Monday, April 28, 2014 10:31 AM To: Renault, Shannon JTST2EX Cc: Allan, Shelley Harvey.Alison Subject: info requested Hi Shannon, 1 can confirm that Les and David are the correct senior managers for the file. I have just left a message with Shelley so we can try to move forward s22 so am copying Alison Harvey who has been working with me on this and other PT files. Thanks, Megan Megan McNeiIl-McKinnell Acting Assistant Director I Direclrioe adjointe par interim NHQ - Immigration 1 AC - Immigration Citizenship and Immigration Canada Citoyennete at Immigration Canada 305 Laurier Avenue West Ottawa ON K1A 1L1 I 365, avenue Laurier Ouest Ottawa ON K1A 1L1 Telephone Telephone 613-952-3319 Facsimiie Teiecopieur 513-954-0850 Government of Canada I Gouvernement du Canada Page 13 From: Ahn, Sohee Sent: Friday, March 21, 2014 10:02 AM To: Megan Millard (LCA) Cc: Godin, Keith Subject: RE: Canada - confidential Megan, Here is the second letter from Dave to Karen that referenced in my email below. Sohee Ahn (250) 387-6095 From: Ahn, Sohee Sent: March-19?14 3:10 PM To: 'Megan Millard Cc: Godin, Keith Subject: RE: Canada - confidential Megan, Here is a copy of the letter to CIC that was signed by Dave last week. From: Ahn, Sohee Sent: Tuesday, March 18, 2014 1:03 PM To: 'Megan Millard Cc: Godin, Keith Subject: RE: Canada confidential Thanks Megan. I can confirm that the letter from Dave to was signed and sent late last week. Karen was copied so she should be receiving a copy shortly. We will try to get a copy to send to you from Dave's office. Dave has also asked for a letter to Karen confirming that the criteria has been met. This should be coming shortly as well. As I advise Karen when we met last Wednesday, s13. 516 513, 516 Page 14 313. s16 The letter from Dave to Karen outlines this process. As for the remaining logistics, I know Keith has been in close contact with operational staff so at this point, I will hand over to Keith to connect directly with you and rely on him to loop me in should the need arise. It was been a pleasure working with you and Karen. Sohee Ahn (250) 387-6095 From: Megan Millard Sent: March?1844 12:40 PM To: Ahn, Sohee Godin, Keith Cc: Megan Millard (LCA) Subject: Canada - confidential Sohee and Keith, i hope you are both well. Ijust returned from a business trip and Karen filled me in on the discussions that you had regarding the Excellence Centre during my absence. In that regard, I wanted check in with you to see if there were any updates on the status of the letter that Deputy Minister was planning to send to Ottawa; and let you know that lam available at your convenience for any discussions regarding the operationalization ot the Annex process. Please let me know if you would like to schedule some time to talk in the coming week(s) to work through the details and timelines for the TFW process so that we ensure that it is as smooth as possible for everyone involved. Thanks. I look forward to speaking with you. Best regards, Megan Megan Millard Sr. Attorney, Global Team Manager Global Migration Microsoft LCA Ph.: 425.722.3703 Fax: 425.708.5940 (US. Attorney licensed in GA) Page 15 Davidson, Julie From: Allan, Shelley Sent: Thursday, December 18, 2014 2:36 PM To: Renault, Shannon Strandberg, Rodney Subject: FW: Exemption Letter Attachments: LMO Exemption Template Letter - Draft for Circulation - May 15, 2014.docx From: Allan, Shelley Sent: Thursday, May 15, 2014 5:06 PM To: 'Aiison.Harvey@cic.gc.ca' Cc: 'McNeilI-McKinnell.Megan' Subject: Exemption Letter Hi Alison: Attached is the latest version of the exemption letter as I understand it. I accepted all of the changes that Megan sent to me. Megan and discussed one addition which I have added into the following sentence (see highlight): 313 If you have any additional comments please let me know. As of tomorrow, i was hoping to start to circulate it here for feedback so if you have anything to add, i would like to put them in (if possible) before circulating. Thanks very much and hope all is well. Regards, Shelley Page 16 Page 17 redacted for the following reason: Executive, management, or those with specialized knowledge of particular industry, product or service who: - have been employed by M8 for at least one year prior to Core Employees Executive, management, or those with specialized knowledge of particular industry. product or service who - have NOT been employed by MS for at least one year prior to transfer Core?Ern?mp yeas? professional or management who will work on a contract with Microsoft, contract secured pre- arrival - live in countries that are a signatory to an international trade agree_ment Foundry Employees" Transferee Proposed solution: - BC to reconfirm commitment to project - MS to confirm quantity of workers in NAFTA or other similar international agreement Wb?quTed?as? students are already in Canada TFW ATnex? WEEML Microsoft has not made any hiring decisions on their core employees. At this time we do not know how many will be in each of three possible sub-sets Employee Type Immigration Number, - - Mechanism ?is Rotational Employees (also BC TFW Annex 50 150 Open to all referred to a "trainees" international applicants including Canadians. No guaranteed number of _mjw?m Core Employees Intra-company 75-100 200 Microsoft has these indicated that 10% of its "core" will be comprised of Canadian employees and this is likely to grow over time. Direct approval from no letter required Support letter from BC No concern s16 Direct approval from CIC - no letter required All except if students happen to be int'l studying in None required, already CA or No concern No concern in CA with a work permit Page 18 CONFIDENT DRAFT - May 2014 Ministry of Jobs, Tourism and Skills Training Province of British Columbia Version XX May XX, 2013 f. BRITISH Page 19 Major Project Exemption Program Framework Document Purpose: The Major Project Exemption Framework (MPE) was created to support eligible British Columbia employers requiring the hiring of temporary foreign workers to support major project development due to a shortage of qualified and available domestic Canadian workers. The MPE Framework outlines eligibility and process requirements for those British Columbia employers able to participate in the program. Advice on the MPE Framework: Advice on the MPE Framework may be obtained from: Immigration Policy, Labour Market and Immigration Division Ministry of Jobs, Tourism and Skills Training 250-387-2494 Facsim?ilef Web: Ww.WelcomeBC.ca Immigration Policy and Programs Branch 1 Ministry ofJobs, Tourism and Skills Training Page 20 1.0 Introduction The Major Project Exemption (M PE) was created to support major project in British Columbia. Specifically, the MPE offers qualified employers requiring temporary workforce. support by streamlining the process of hiring temporary foreign workers (TFWs). The MPE allows the province to recommend to the federal government an exemption to the Labour Market Opinion (LIVIO) process for qualified employers that are able to meeting the specific criteria as outlined below. 2.0 MPE Eligibility Criteria, Requirements Obligations 2.1 MPE Eligibility Criteria: To participate in the MPE and receive a recommendation from the province for an LMO exemption for the hiring of TFWs, employers must demonstrate that their project: Does not displace British Columbians from the job market; Results in a sizeable, multi-year investment in British Columbia; Creates job Opportunities for British Columbians; Results in knowledge transfer for British Columbians; and Has support from local government. F?T?H?ofmf?ar? 2.2 MPE Failure to Meet Requirements/Commitments: Should the employer: 1) Fall to meet eligibility criteria, the province will not make an LMO exemption recommendation; or 2) If the province makes an LMO recommendation and the employer does not fulfill commitments, cancel its commitment for LMO recommendations and refuse to renew any exemptions already granted. 3.0 MPE Submission Requirements and Assessment and Outcome Notification 3.2. Submission Requirements: Major project employers must submit to the province (Ministry of Jobs, Tourism and Skill Training) documentation outlining how they meet, or will meet, eligibility criteria as included in section 2.1. The submission must be provided through a third party, approved by the province, and must include specifics as to how the employer will deliver on the five criteria including economic benefits and spin-offs. period of project commitment, estimated number of Canadians that will be employed during immigration Policy and Programs Branch 2 .0 COLUMBIA Ministry ofJobs, Tourism and Skills Training Page 21 initial project phases construction) and once operational (etc., on criteria). 3.3 Assessment and Outcome Notification: The MPE process includes: 1) Assessment a. An initial meeting between the employer and the province (Ministry of Jobs, Tourism and Skills Training) will determine the employer?s eligibility. b. The employer will submit to the province the name of the third party that will demonstrate, by way of a written report to the province, how the employer meets the five criteria as referenced in section 2.1. The third party must be impartial in preparing their report and there must be no conflict of interest between the third party and the employer. c. Once the province approves the third party the report is submitted to the province. Timelines with the submission are the reSponsibility of the employer and the third party. d. Once the province receives the report they will assess the information against the criteria and: i. advise the employer through written letter from the Deputy Minister, Ministry of Jobs, Tourism and Skills Training of the province?s support for the LMO exemption; or ii. return to the employer to clarify any outstanding questions, until the province is satisfied that the employer has met the criteria; or notify the employer that they are ineligible to access the MPE. e. The Deputy Minister, Ministry of Jobs, Tourism and Skills Training will make the final decision as to whether or not a recommendation to the federal government for exemption is approved; 2) Recommendation for LMO exemption lfthe Deputy Minister, Ministry of Jobs, Tourism and Skills Training approves the recommendation to exempt the employer from the LMO process, Citizenship and immigration Canada is notified in writing. The exemption remains valid for one year. Immigration Policy and Programs Branch 3 COLUMBIA Ministry ofJobs, Tourism and Skills Training Page 22 h. 1511' I .?313. .. mum JTI-2014-00185 Page 23 33382:. ?a moan. Page 25 redacted for the following reason: