Sunday, April 27, 2014

Temporary Foreign Worker Program - Moratorium

The Centre Block on Parliament Hill, containin...
The Centre Block on Parliament Hill, containing the houses of the Canadian parliament (Photo credit: Wikipedia)
The Temporary Foreign Worker Program is a program of last and limited resort, to be accessed by employers facing genuine, acute labour shortages, and only after Canadians are not available to fill the job. In support of this Program mandate, on  , the Minister of ESDC issued three Ministerial Instructions, one of which is the Refusal to Process Labour Market Opinions (LMO) if there is new information indicating that the employment of the foreign national in any portion, sector, region or occupational group of the labour market in Canada may or will have a significant negative effect on the Canadian labour market.
After careful analysis of significant new information, including from Canadians through Service Canada’s Confidential Tip Line, the Minister of ESDC has directed officials to establish a moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program.
Effective immediately, ESDC will no longer process LMOs for occupations in the Food Services Sector.
LMOs will not be processed for occupations classified by the 2002 North American Industrial Classification System (NAICS 2002) in Food Services and Drinking Places (NAICS subsector 722). Specifically, certain occupations related to sales and service and sales and service management as set out in the National Occupational Classification (NOC 2006). Please see this list for further detail.
Employers that have submitted applications and paid the processing fee, but have not yet received an LMO, will be refunded the full processing fee.
Any unused positions on positive LMOs that have been issued to employers for these sectors will be suspended and therefore will no longer be able to be used to obtain a worker permit.
ESDC will continue to ensure that Canadians have first access to available jobs. Abuse of the Temporary Foreign Worker Program will not be tolerated. To report misuse or abuse, contact:
Service Canada Confidential Tip Line
1-866-602-9448
Anonymous tips can also be provided to the Employer Contact Centre: 1-800-367-5693
List of all Sales and Services Occupations (Skill type 6 based on NOC-2006)
NOC CodeNOC4 Title
6641Food Counter Attendants, Kitchen Helpers and Related Occupations
0631Restaurant and Food Service Managers
6212Food Service Supervisors
6453Food and Beverage Servers
6611Cashiers
6241Chefs
6242Cooks
6252Bakers
0611Sales, Marketing and Advertising Managers
0621Retail Trade Manager
0632Accommodation Service Managers
0651Other Services Managers
6211Retail Trade Supervisors
6213Executive Housekeepers
6214Dry Cleaning and Laundry Supervisors
6215Cleaning Supervisors
6216Other Service Supervisors
6221Technical Sales Specialists - Wholesale Trade
6251Butchers, Meat Cutters and Fishmongers - Retail and Wholesale
6411Sales Representatives - Wholesale Trade (Non-Technical)
6421Retail Salespersons and Sales Clerks
6451Maîtres d'hôtel and Hosts/Hostesses
6452Bartenders
6484Other Personal Service Occupations
6622Grocery Clerks and Store Shelf Stockers
6623Other Elemental Sales Occupations
6651Security Guards and Related Occupations
6661Light Duty Cleaners
6662Specialized Cleaners
6663Janitors, Caretakers and Building Superintendents
6681Dry Cleaning and Laundry Occupations
6682Ironing, Pressing and Finishing Occupations
6683Other Elemental Service Occupations
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