Deal to smooth firms’ access to overseas workers

Image via WikipediaOttawa, N.S. agreement does away with market survey
By DAVID JACKSON and EVA HOARE Staff Reporters
Wed, Feb 2 - 4:55 AM

Companies that may need overseas workers for big projects will have an easier time bringing them in under an agreement the province will sign with Ottawa.
Employers wanting to bring in temporary foreign workers now need a federal labour market opinion from Service Canada that says they’ve exhausted efforts to hire qualified Canadians or permanent residents and must look elsewhere.
Elizabeth Mills, executive director of the province’s Office of Immigration, said the new agreement will allow the province to write to Citizenship and Immigration Canada in support of the employer, allowing the employer to skip the step of the labour market opinion.
"In certain circumstances where the province . . . sees that an employer needs workers in a particular big project or economic development initiative, then we will write a letter of support requesting a temporary work permit be issued for a worker or workers in that area," Mills said Tuesday.
"We may also support a group of foreign nationals in a specific occupation. So, for example, if there’s a big project going on, the company is unable to hire people locally, and they need a group of workers to come over with specialized skills, then we can write a letter of support for that."
Another aspect of the agreement will grant a work permit to the spouse and working-age children of the foreign worker.
A third new measure deals with Canadians or permanent residents who marry foreign nationals. Mills said the foreign nationals will be able to get a work permit while temporary residents and waiting for their applications for permanent residence is being processed.
She said about 2,500 foreign workers come to the province annually.
Mills said the changes on temporary foreign workers come out of a 2007 agreement on immigration that the province signed with Ottawa. An annex to that agreement was to cover that group.
She said most other provinces have, or are working on, similar agreements with Ottawa.
Mills said she isn’t sure when the agreement will be signed, but hopes that will happen before the next federal election.
Well-known Nova Scotia immigration lawyer Lee Cohen lauded the move as a good step toward strengthening the economy because there are shortages of various levels of skilled workers.
"What was happening was Nova Scotia was bringing into the province more and more highly skilled people while positions for lesser skilled people were not being filled," Cohen said in an interview Tuesday.
"So instead of only seeking higher skilled workers, they wanted to seek workers in demand," he said. "It’s a fantastic thing. It’s a great step in the right direction."
Cohen said Nova Scotia has too many people who are highly educated but are being told they’re overqualified for positions, and conversely, not enough people to fill other openings, such as those found in the hospitality industry. "Hotels are finding it impossible to get room attendants."
The Halifax lawyer said he’d been told a few months ago that this change was underway, and hopes the next level to be addressed will be that of the entrepreneur.
"What I’ve been waiting for from these guys for such a long time is some kind of entrepreneurial category."
( djackson@herald.ca)

Advertising requirements before hiring a foreign worker

Canada
June 2 2010
By:Fasken Martineau DuMoulin LLP

In our January 2010 article entitled Obtaining a Work Permit in Canada: The Labour Market Opinion Process, we explained that in order to get a work permit for a foreign worker, an employer in Canada generally must first obtain a Labour Market Opinion (LMO) from the Department of Human Resources and Skills Development Canada ("Service Canada"). In order to obtain a positive LMO, Canadian employers must prove that they have made reasonable efforts to fill the position with a Canadian citizen or permanent resident. This article discusses Service Canada's advertising requirements relating to this obligation.

Service Canada's minimum advertising requirements were recently modified. And note that the requirements are slightly different for the Province of Québec. If you are hiring an employee who will work in Québec, make sure you follow the Québec rules.

The advertising requirements depend on the level of skills required for the position. In Canada, there is a National Occupational Classification (NOC) system that classifies all jobs. Before starting a recruitment process, it is necessary to identify the code that corresponds to the position to be filled. Occupations are classified in five levels: 0 (management), A (university education usually required), B (either a college education or apprenticeship training usually required), C (secondary school and/or occupation-specific training usually required) or D (on–the-job training usually provided).

Placing an ad at Service Canada's National Job Bank is mandatory before hiring a non-Canadian in any position at skill level B and lower, except when an explicit exemption applies. Positions at levels 0 and A are the only ones for which an advertisement on the Job Bank is not mandatory.

In order to meet the advertising requirements for occupations at levels 0 or A, employers must conduct recruitment activities consistent with the practice within the occupation. For instance, if the normal practice for a certain occupation is to hire a headhunter, or to advertise on well-known internet job sites, journals or national newspapers, either recruitment method will be considered satisfactory. Alternatively, the prospective employer may advertise on the Job Bank for a minimum of 14 calendar days during the three months prior to applying for the LMO.

For occupations at skill level B and lower, both advertisement on the Job Bank and recruitment activities consistent with the practice within the occupation are necessary.

The contents of the advertisement are important. Ads placed on the Job Bank must include certain mandatory information, including the company's name, the wage range and the prevailing wage for the position. Prospective employers are advised to follow very carefully Service Canada's directives. Omission of any information or requirement (for instance, advertising for thirteen days instead of fourteen days) is cause for refusal of the LMO.

The ads have to be carefully drafted since they should provide a fair opportunity to potentially qualified Canadian citizens or permanent residents to be a candidate. At the same time they have to be specific enough to discourage applications from those who are clearly unqualified. Particular attention should be given to the education and experience requirements. These should be appropriate for the type of position and consistent with the requirements for this position according to the NOC.

Afterwards, the employer has to provide proof of these recruitment efforts and provide a report. The report should include the number of applicants for the position and the reasons for rejecting them. The reasons for rejecting applicants should be appropriate and based on objective and clear criteria. Employers should retain proof of recruitment efforts for a minimum of two years, since Service Canada may later contact the employer for verification of the report.

Note that there are certain variations to the minimum advertising requirements for some categories of employees or positions including: academics (university professors), camp counselors who will be working in Ontario, positions covered by collective bargaining agreements that stipulate internal recruitment, positions for which recruitment is done through employer associations, positions in the entertainment sector, positions with a foreign government's representative in Canada, information technology specialists (until September 30, 2010), holders of a post graduation work permit issued after graduating from a Canadian university, company owners who are involved in the day-to-day operation of the company, specialized service technicians and service providers under a warranty, amongst others.

Advertising properly is not the only requirement for obtaining a positive LMO, but is one that deserves considerable attention. Be sure that you meet them all. Also, before starting a recruitment process when contemplating applying for an LMO, do not forget that there are exemptions to the obligation to obtain an LMO (see our March 2010 article Obtaining a Work Permit in Canada: The Simplified Process). Using these exemptions can save prospective employers considerable amount of time, effort and money.

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