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Directives for Assessing Labour Market Opinions

January 2010

Table of Contents

PART I – Summary and Procedures

Purpose
1. Temporary Foreign Worker Program (TFWP) Objectives
2. Authority and Legislation
2.1 Role of Human Resources and Skills Development Canada/Service Canada
2.2 Role of Citizenship and Immigration Canada
2.3 Role of Canada Border Services Agency
2.4 Role of the Quebec Ministère de l'Immigration et des Communautés culturelles
3. Requesting a Labour Market Opinion
3.1 Third-party Representatives
4. Assessing an Employer’s Application
5. Issuing a Labour Market Opinion
6. Concurrence from Other Regions
6.1 Concurrence in the Province of Québec

PART II - Labour Market Opinion (LMO) Analysis

7. Eligibility Criteria
8. Information Employers Must Provide
9. The Job
9.1 Assigning a National Occupational Classification (NOC) Code
9.2 Job Consistent with Business Line
10. Employment Relationship
10.1 Non-traditional Employment Relationship
10.2 Third-party Representatives
10.3 Verifying the Employment Relationship
10.3.1 Employers interested in hiring self employed foreign workers
10.3.1.1 What is a self employed individual?
10.3.1.2 How to recognize situations where the foreign national is a self employed individual for the purposes of assessing an LMO application under the TFWP?
10.3.1.3 List of considerations
10.3.1.4 Processing of applications
10.4 Tripartite Employment Arrangements
11. Wages
11.1 Prevailing Wage Rate
11.1.1 Wage Range in the Advertisement
11.1.2 Provision of Room and Board
11.1.3 When Labour Market Information is not Available
11.2 Unpaid Work
12. Working Conditions
12.1 Employment and Labour Standards
12.2 Evaluating Working Conditions
12.3 Part-Time Work
13. Labour Dispute
14. Recruitment
14.1 Determining if Recruitment Efforts are Required
14.1.1 NOC O and A occupations
14.1.2 NOC B occupations
14.1.3 NOC C and D occupations (including live-in caregivers and seasonal agricultural workers)
14.1.4 Variations to the Minimum Advertising Requirements
14.1.5 Additional Advertisement Efforts
14.1.6 Proof of Recruitment Efforts
14.2 First Assistant Directors for Commercials
14.2.1 Not represented by a union
14.2.2 Represented by a union
14.3 First Assistant Directors for Feature Films
15. Exceptional or New Situations

Appendix A – Provincial and Territorial Ministries Responsible for Labour or Employment Standards

Appendix B – Potential Sources of Wage Information

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Date Modified:
2011-02-08