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Part II - Labour Market Opinion Analysis

14. Recruitment

HRSDC/Service Canada officers are mandated under 203(3) of the Immigration and Refugee Protection Regulations (IRPR), to evaluate many factors including " … (e) whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents…"

14.1 Determining if Advertising Efforts are Required

The evaluation of advertising efforts involves a determination of whether the position is high-skilled (National Occupational Classification (NOC) 0, A and B) or low-skilled (NOC C and D) and whether the employer meets the advertisement requirements.

Most occupations are subject to the same minimum advertisement requirements (variations) based on the NOC system, skills levels 0, A, B, C and D. A Labour Market Opinion (LMO)application should be denied if an employer does not comply with the requirements outlined below.

Advertisement criteria for live-in caregivers and occupations in the province of Quebec vary slightly from those mentioned below.

14.1.1 NOC 0 and A Occupations

Employers will have conducted the minimum advertising efforts required if they:

Conduct similar recruitment activities consistent with the practice within the occupation (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or by consulting unions or professional associations); or
Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of 14 days during the three (3) months prior to applying for an LMO.

Employers are encouraged to conduct ongoing recruitment efforts, including communities that face barriers to employment (Aboriginal Peoples, older workers, immigrants/newcomers, people with disabilities and youth). Advertisement could be on recognized Internet job sites, in local and regional newspapers, at community resource centres and local regional employment centres.

14.1.2 NOC B Occupations

Employers will have conducted the minimum advertising efforts required if they:

Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of 14 days during the three (3) months prior to applying for an LMO; and
Conduct similar recruitment activities consistent with the practice within the occupation (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or by consulting unions or professional associations).

The advertisement must include the company operating name, business address, wage range (i.e. an accurate range of wages being offered to Canadians and permanent residents) and reference to any benefits packages being offered. The wage range must always include the prevailing wage for the position.

14.1.3 NOC C and D Occupations (including seasonal agricultural workers)

Employers will have conducted the minimum advertising efforts required if they:

Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of 14 days during the three (3) months prior to applying for a LMO; and
Conduct recruitment activities consistent with the practice in the occupation. The employer should advertise for the equivalent of 14 days, choosing one or more of the following options:
- advertise in newspapers, e.g., a weekly ad during two-three weeks in journals, newsletters, national/regional newspapers, ethnic newspapers/newsletters or free local newspapers;
- advertise in the community, e.g., posting ads for two-three weeks in local stores, community resource centres, churches, or local regional employment centres;
- advertise on Internet sites e.g., posting during 14 days/two weeks on recognized Internet job sites (union, community resource centres or ethnic sites).

14.1.4 Variations to the Minimum Advertising Requirements

Variations to the minimum advertising requirements may apply in certain cases.

14.1.5 Additional Advertisement Efforts

TFWP Officers may require alternative or additional recruitment efforts (i.e., increased duration [length of time] or broader advertisement [whether local, regional, or national]) if, they believe that additional efforts would yield qualified Canadian citizens or permanent residents who are available to work in the occupation and region.

14.1.6 Proof of Recruitment Efforts

Employers must be prepared to demonstrate that they meet the advertising requirements by providing proof of advertisement and the results of their efforts to recruit Canadians or permanent residents (e.g., information on the qualifications of Canadian applicants and why they were rejected). Records of their efforts should be kept for a minimum of six (6) years, as stipulated in certain provincial and federal legislations, such as the Income Tax Act.

14.2 LMO’s Assessment for First Assistant Directors for Commercials

14.2.1 Not represented by a union

When LMO applications are received for First Assistant Directors for Commercial Productions (for feature films, see section 14.4) in provinces where they are not represented by a union, such as in Ontario and British Columbia, TFWP officers are encouraged to consult, based on the labour market conditions of the industry, the Association representing them. This consultation should provide information (e.g., availability of Canadians and permanent residents and wages paid) to better assess recruitment efforts and the likely impact hiring foreign workers would have on the labour market.

14.2.2 Represented by a union

American producers/employers, who work in a province where First Assistant Directors for Commercial Productions are represented by a union, are subject to the Directors’ Guild of America (DGA). Producers/employers must consider the availability of unionized Canadians and permanent residents, therefore reducing the likelihood of applying for a LMO. However, should an application be made, it must be assessed as per the regular process including the possibility of consulting the union to obtain information.

14.3 LMO’s Assessment for First Assistant Directors for Feature Films

The hiring of First Assistant Directors for Feature Films is taking place in a context quite different from the one of First Assistant Directors for Commercial Productions. Generally, when American feature films are shot in Canada, Directors bring their own First Assistant Director or want to hire a specific person as their vision of the film is intrinsically linked to the creative process. First Assistant Directors are considered to be part of this process. Furthermore, production of feature films in Canada creates a significant number of new employment opportunities.

When assessing LMOs, TFWP officers base their assessment on the six factors identified under Section 203 (3) of the IRPR with emphasis on factor (a) which states that the “employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens and permanent residents”. Shooting an international feature film has a highly positive labour market impact for the region involved. Directors who bring their own First Assistant Director provide employment to second and third Canadian Assistant Directors and opportunities for hundreds of Canadian actors, technicians, technical personnel, as well as jobs in the hospitality sectors.

TFWP officers should weigh the net labour market benefits to Canada versus the adverse effects that hiring a foreign First Assistant Director could have on the Canadian labour market. As indicated in Immigration and Refugee Protection Act and Regulations (IRPA), it is important to balance the general availability of Canadians with labour market benefits that hiring a TFW can bring such as direct job creation and /or retention. When assessing an LMO application, emphasis should be put on the resulting overall likely impact that hiring a foreign national would have on the labour market.

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