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Human Resources and Skills Development Canada

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Temporary Foreign Worker Program

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Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)

You (the employer) may be allowed to hire temporary foreign workers for a maximum of 24 months through the Pilot Project for Occupations Requiring Lower Levels of Formal Training (National Occupational Classification C and D) when there is a demonstrable shortage of Canadian citizens and permanent residents.

In Canada, lower levels of formal training are defined as occupations that usually require at most a high school diploma or a maximum of two (2) years of job-specific training according to the NOC Classification system. These occupations are coded at the NOC C or D skill level. See NOC job descriptions.

IMPORTANT

As of January 2011, if you hire an agricultural worker in the following commodities:

  • fruits, vegetables, flowers, christmas trees, greenhouses and nurseries;
  • apiary products;
  • tobacco;
  • sod; and
  • animal sector. 

You must follow the requirements of the New Agricultural Stream under the Pilot Project NOC C and D and use the contract.

If you hire an agricultural worker in other commodities than those mentionned above, please continue with the Guidelines for Hiring Foreign Workers below.

Guidelines for Hiring Foreign Workers

Before you apply for a Labour Market Opinion (LMO) to hire a foreign worker under the Pilot Project for Occupation Requiring Lower Levels of Formal Training, Human Resources and Skills Development Canada (HRSDC)/Service Canada and Citizenship and Immigration Canada (CIC) will expect you to:

  • Meet at least the minimum recruitment efforts required for NOC C and D occupations.
  • Consult with the local union to determine if the position is covered under a collective agreement.
  • Cover all recruitment costs related to the hiring of the foreign worker.
  • Sign an employment contract outlining wages, duties, and conditions related to the transportation, accommodation, and health and occupational safety of the foreign worker.
  • Pay the transportation costs for the worker to travel from his/her country of permanent residence to the location of work in Canada and for the return to the country of permanent residence.
  • Offer wages that are equal or higher than the prevailing wage rate paid to Canadians in the same occupation and region. In an unionized environment, offer the same wage rate as established under the collective bargaining agreement. In cases where benefits are offered to Canadians, extend those same benefits to the temporary foreign worker. In order to address unique circumstances, HRSDC/Service Canada maintains the right to set the prevailing wage rate.
  • Agree to review and adjust (if necessary) the worker's wages after 12 months of employment to ensure the worker continues to receive the prevailing wage rate of the occupation and region where he/she is employed.
  • Help the worker find suitable, affordable accommodation.
  • Provide medical coverage until the worker is eligible for provincial health insurance coverage.
  • Register your worker under the appropriate provincial workers compensation/workplace safety insurance plans.

Steps to Request a New Labour Market Opinion

You may hire a temporary foreign worker to work in Canada in National Occupation Classification C and D skill level occupations for up to a maximum of 24 months.

If you want to hire a temporary foreign worker for C and D occupations, you must:

  1. Complete and submit an application for an LMO to the Service Canada Centre nearest to where the foreign worker will be employed.
  2. Employers using a third party representative must complete the "Annex to the Appointment of Representative" form and send it with the LMO application.
  3. Meet the LMO assessment criteria noting that a Quebec Acceptance Certificate is also required for jobs in Quebec.

    A Certificate of Registration is required before you apply for a LMO if you want to hire foreign workers in Manitoba. You can register online with the province. For more information on the Manitoba's new Worker Recruitment and Protection Act, consult the Questions and Answers.

  4. Complete and sign an employment contract - (Download PDF 54KB)

If you receive a positive Labour Market Opinion, you must:

  1. Forward a copy of the HRSDC/Service Canada confirmation letter and signed employment contract to the foreign worker.
  2. Ask the worker to sign the employment contract and apply to CIC for a work permit. The worker must include the confirmation letter and employment contract when he/she applies. CIC decides whether the foreign worker will receive a work permit according to the criteria to work and reside temporarily in Canada.

Some countries may require that their citizens meet certain conditions if they want to work in Canada (e.g. approval to leave the country, employer to pay transportation costs and/or medical coverage). Ask the foreign worker to verify if additional conditions apply in his/her country, contact the country's consulate in Canada or check its website to find out if you must meet additional requirements.

You must apply for a new LMO if you anticipate that your human resource needs will continue beyond the period covered by a work permit. Your application should be sent at least four months prior to the expiry of the work permit to ensure HRSDC/Service Canada has sufficient time to process your application and CIC to process the work permit extension.

For more information on the Pilot Project, consult the Questions and Answers.

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Date Modified:
2012-04-25