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Part II - Labour Market Opinion Analysis

9. The Job

On the Temporary Foreign Worker Program (TFWP) forms “Application for a Labour Market Opinion” employers must describe the main duties of the job being offered and requirements such as education, experience, skills, language, certification, licensing and registration.  TFWP officers review applications and any other relevant documents submitted by employers to gain a better understanding of the nature of their work and requirements.

9.1 Assigning a National Occupational Classification Code

When developing a Labour Market Opinion, TFWP officers assign a National Occupational Classification (NOC) code based on the main duties and educational requirements of the job offer made to the foreign worker.

If the duties appear to fall under more than one NOC code but within the same skill level, TFWP officers choose the code that corresponds closest to the predominant duties of the position.

If the duties or qualifications fall under different NOC codes and skill levels, TFWP officers choose the code at the highest skill level.

Example: A worker trained and certified in carpentry would also perform some general labourer duties. In this case, the officer must choose the NOC skill level B associated with carpentry, because even if the worker performs some duties at the lower skill level C, he/she still needs to have the skills/training/certification in carpentry (regardless of how the hours of work are divided between the different duties).

9.2 Job Consistent with Business Line

When assessing an offer of employment, TFWP officers determine whether it is consistent with the employer’s line and size of business, and where the work will take place (i.e., rural area or large city).

Example 1: The owner of a small town corner store submits an application for a Labour Market Opinion for a full-time accountant. The TFWP officer reviewing the application would ask himself/herself:

• Why would the owner of a small corner store need a full-time accountant?

• Is there enough accounting/book keeping duties to work full-time hours?
• Would the store owner not likely contract someone to do this work for a few hours a week?

A close examination of the application and a call to the employer would most probably reveal that a full-time accountant is not required.

Example 2: A small clothing store wants to hire a foreign worker for two years to design, create and maintain its Web site. The TFWP officer would ask himself/herself:

• Why would a small clothing store need a full-time web designer?
• Considering the size of the business, is there enough work to employ a full-time web designer?

A call to the employer may reveal that the clothing store is in the process of expanding its business to allow customers to order products online. A full-time web designer is needed to create the Web site and maintain it (i.e., posting new products online and keeping track of orders). This application may be confirmed since the worker is being hired to support the development of a new business line.

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Date Modified:

2011-02-10