Canada’s foreign worker program is undergoing some major improvements of late and this is positive news for industries that are experiencing severe labour shortages in the provinces of British Columbia, Alberta and to a much lesser degree, Ontario.
Most employers are not accustomed to hiring foreign workers to address their personnel hiring needs. As a general rule, the hiring of a foreign worker requires the issuance of a positive Labour Market Opinion from Human Resources and Social Development Canada (HRSDC) which confirms that the job offer is genuine and that the hiring of a foreigner is likely to have a neutral or positive effect on the labour market in Canada. For employers who have hired a foreign worker, they know all too well that the labour market opinon process is time consuming and bureaucratic as government authorities require employers to demonstrate substantive efforts to prove that Canadians are not available for a hiring.
The supply of labour varies significantly between regions. In some regions, and depending on the circumstances/time, research indicates that the demand for labour far exceeds the available supply in certain occupations. To meet the critical human resource needs of employers, Human Resources and Social Development Canada (HRSDC) and Service Canada (SC) have developed Regional Lists of Occupations under Pressure covering the provinces of Alberta, British Columbia and Ontario.
For occupations found on a regional occupation list, employers will not be required to undertake the typically lengthy or comprehensive advertising efforts before being eligible to apply for a positive labour market opinion to hire a foreign worker. Of course the reality is that employers who are trying to fill a position will generally go to significant lengths to advertise before even considering a hiring from the foreign labour market.
As a result of recent rule changes, employers wishing to hire a foreign worker for an occupation appearing on a Regional Occupations List will only be required to show evidence of minimal advertising efforts rather than the more formal and lengthier process that is the norm with most foreign hirings. Employers hiring for occupations with a high skill level designation, identified as skill level A, B or O under the National Occupational Classification system, will only be required to either advertise on the Government of Canada’s national Job Bank for a minimum of 7 calendar days or demonstrate on-going recruiting efforts that are standard in the industry.
For occupations on a regional list with a low skill level, identified as skill level C or D under the National Occupational Classification, employers will be required to fulfill both of the above requirements.
It is important to note that employers will still be required to satisfy all relevant criteria to hire a foreign worker which would be confirmed through a positive labour market opinion, even if a particular occupation appears on a regional occupation list.
At present there are three Regional Occupations Lists.
British Columbia
Alberta
Ontario
Employers may be interested to know that we represent a number of foreign workers under our Full-Service Employment placement program. Our program comprises of a comprehensive employment search and enables our clients to become employed in Canada under an expedited processing time. Qualified applicants will receive temporary work permits for immediate entry to Canada along with their family dependents who will also receive temporary residence in Canada. We do not charge employers any placement fees.
If your company is considering the hiring of a foreign worker, whether an occupation covered by a regional occupation list or otherwise, please feel free to contact the undersigned attorney – Colin Singer, C.H.R.P. by email at csinger@immigration.ca to discuss your company’s immigration or recruitment needs.
