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The following contains speaking notes used by Attorney Colin R. Singer, CHRP, who was a conference presenter at the Canadian Institute’s Workforce Shortage Summit held in Edmonton. The Canadian labour market and foreign workers Canada is experiencing its lowest levels of unemployment in more than 30 years. This is especially the case for many employers in this region of the country where current labour market requirements present significant ongoing challenges for Human Resource Managers. Increasingly, we are observing that immigration and the recruitment of foreign workers is a viable option to addressing a particular labour market requirement for resource managers. Alberta: Full Employment UI rate 3.5% Foreign recruitment & immigration! Canada’s Immigration Policies Shared jurisdiction between the Federal Government and the Provinces Immigration is a matter of joint responsibility between the Federal government and the provinces and has been since Confederation, under the Constitution Act of 1867. As once can appreciate, shared jurisdiction between Canada’s provinces and the Federal government on just about any subject, generally leads to complexities and challenges for those involved. Understanding the role of each of the parties is a matter of great importance for human resource managers intending to recruit foreign workers. Canada’s immigration policies: Economic/skilled workers: Long-term demographic developments that will have profound effects on Canada’s labour market (aging population, a growing elderly dependency ratio; a shrinking labour force and a problem of brain drain). Permanent Residence: An effective retention tool. Current local sectorial labour market requirements and deficiencies within the provinces. Temporary work permits Regional Occupations Under Pressure List Federal Role: Skilled Worker Program - Selection of 110,000 – 125,000 permanent residence / economic immigrants each year National Occupation Classification (NOC) Cats O, A, B. Managerial, professions, occupations requiring college/trade diplomas. (Delays: 1.5 – 5 years, depending on the visa office) Work Permit Programs: Issuance of 90,000 work permits each year. Foreign Worker Program: National Occupation Classification (NOC) Cats O, A, B. Managerial, professions, occupations requiring college/trade diplomas. Low Skilled Worker Pilot Project National Occupation Classification (NOC) Cats C and D Primary industries, equipment operators, transport workers, Construction labourers. Security and medical screening. Delegation of powers to the provinces – Nominee Agreements. Foreign Worker Program Regulatory context: r. 203 IRPR: HRSDC provides opinions: “Canadians First” Labour Market Opinion Process managed by Service Canada / HRSDC NOC: Define the occupation Current labour market information for the region, prevailing wage rates, labour shortages Efforts by the employer to recruit qualified Canadians Review of salary and working conditions CIC verifies to ensure the applicant possesses the qualifications CIC ensures security, criminality and health Work permit for applicant (renewable), open spousal work permit Delays: Vary between days and months Blanket LMO’s reduces delays The application process: Advertising the position – Where, what terms to include Demonstrate efforts to hire Canadians Request(s) for additional information Negative decision: Appeal process Low Skilled Worker Pilot Project: Limitations of current program Limitation on length of work permit: 12 months. No renewal until four months have expired after the original permit has elapsed Anticipating changes on this restriction No spousal work permit (spouse may accompany as a visitor; obtain LMO) Employment contract: numerous redundancies No harmonization between HRSDC offices in processing requirements Barred from applying for permanent residence under Federal program and PNP Program in Alberta, B.C. Delays vary between 1-3 months Role of the Provinces Provincial Nominee Programs - Selection of approximately 12,500 permanent residence / economic immigrants per year (Shorter processing times: 3-6 mos + 10 mos = 16 mos) Collaborate with HRSDC and CIC on the issuance of r. 203 LMO’s and Sectorial Agreements for (Temporary Worker programs – Oil Sands project; Petroleum Services Association of Canada (“PSAC”); etc. (Delays vary between days (blanket LMO’s) and 14 weeks) 40,000 LMO’s 2006 Alberta Provincial Nominee Program Permanent residence programs include skilled worker stream and business investment stream Skilled worker programs vary in objective: Population growth (Manitoba) vs. Labour Market growth (Alberta) Employer driven Moderately faster overall processing from federal (3-6 months to nomination; 12-16 months to visa issuance) Nomination certificates CIC: Security, Admissibility, Medicals Recruiting trades’ personnel Intra-provincial vs. foreign recruitment Intra-provincial – generally temporary Foreign workers – generally permanent Alberta Employment Standards Code: Less than 3 months, no risk Going Abroad Where: Procedures and processing delays vary significantly Language, training and experience Recruit from countries where transition / integration chances maximized How Many; How: Direct vs. Agency Anticipate future hiring needs: Obtaining approval for 10 = 1 Cost: Direct advertising; screening applicants; time Cost: Agency fees – 12.5% ($7,500 / $60,000) Agency – no fees Work Visa: The HRSDC/Service Canada Labour Market Opinion Applicable exemptions: NAFTA; GATTS New Dedicated Offices in Calgary for pre-approvals NAFTA; GATTS The HRSDC/Service Canada Labour Market Opinion Hiring Process Occupational Title & Descriptions: The Tools The National Occupational Classification (NOC) – http://www23.hrdc-drhc.gc.ca/2001/e/generic/welcome.shtml Authoritative resource on occupational information in Canada Skilled or Low Skilled; Occupations Under Pressure National Occupation Classification (NOC) Cats O, A, B. Managerial, professions, occupations requiring college/trade diplomas Low Skilled Worker Pilot Project National Occupation Classification (NOC) Cats C and D Primary industries, equipment operators, transport workers, Construction labourers. Occupations Under Pressure List The Wage Book http://www.labourmarketinformation.ca/ The “going rate”, fluctuates and can be challenged ALIS: Alberta Learning Information Service http://www.alis.gov.ab.ca/wageinfo/Content/RequestAction.asp?format=html&aspAction=GetWageHomePage&Page=Home The “going rate” fluctuates and can be challenged Advertising Service Canada National Job Bank Demonstrate on-going efforts in print medium Adequately describe the position; application deadline Wage range Maintain C.V.’s Log responses, interviews, etc. The Written Offer; Employment Contract Skilled Respect Alberta Employment Standards Code; Collective Bargaining Units Wages = Prevailing Labour Market Conditions Relocation Expenses, other benefits – Optional Low Skilled Alberta Employment Standards Code; Collective Bargaining Units Wages = Prevailing Labour Market Conditions Must appear in advertisements Relocation Expenses – Required The HRSDC/Service Canada Labour Market Opinion Application Process Skilled National Occupation Classification (NOC) Cats O, A, B. Managerial, professions, occupations requiring college/trade diplomas Low Skilled Worker Pilot Project National Occupation Classification (NOC) Cats C and D Primary industries, equipment operators, transport workers, Construction labourers. Occupations Under Pressure List Skilled – Only 1 current (90 days) HRSDC online job bank posting for two weeks. Low Skilled – HRSDC online job bank with wages indicated plus local print advertisement. One Application vs Bulk Applications Plan ahead, think medium term – 14 weeks for LMO approvals Once approved – 2-4 days for LMO approvals “Hiring in principle” / “Quota” Submit full history of advertising efforts Include sample resumés Corporate documentation; articles of incorporation; tax registration Submitting Applications: Overseas/Outside Canada Visa Offices vs. Port of Entry Nationality of applicant determines filing venue http://www.immigration.ca/tempent-visit.asp Trades Licensing: Compulsory certification trades Conditional LMO’s: 6 months to become licensed in Alberta Theory exam; Practical exam (some occupations – i.e. Welders) Employer resources: http://www.advancededucation.gov.ab.ca/appren/ - Alberta Apprenticeship and Training Industry http://www.nait.ca/apprenticeship/ - Northern Alberta Institute of Technology http://www.sait.ca/ - Southern Alberta Institute of Technology Develop & Implement Certification Training Program Assist qualified, experienced trades to re-acquire general terminology Assign foreign worker to journeyman on rotation basis Consult apprenticeship websites to familiarize with exam components Employee’s success is employer’s success Permanent Residence Federal Application: Skilled Worker Program – Point System National Occupation Classification (NOC) Cats O, A, B. Managerial, professions, occupations requiring college/trade diplomas Country of habitual residence or work permit Delays: 1.5 (Buffalo, Work Permit) Alberta PNP Program 1000 certificates issued for NOC skill level 0, A, B on work permit Approximately 700 certificates for Ministry-supported critical skill occupations such as Long Haul Drivers, Hospitality workers under training programs and Food Processing Two step process: Employer Pre-approval and PNP application submission Skilled – No waiting period Low Skilled – 6 month waiting period for eligibility Low Skilled – “Moving definition” Attracting & Retaining Foreign Workers Help create the right environment Assist in settlement process: accommodations, health cards, school registrations, getting around Assign a settlement tutor; welcome them to the community at large Conclusion: Influencing immigration policy Attracting & Retaining Foreign Workers: Flexibility, help with settlement Develop a good understanding of procedures & delays so that expectations are reasonable Monitor delays for visa renewals; applications for permanent residence to retain employees