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Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)
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Assessment Criteria for Labour Market Opinion Applications
Below is a description of the factors that Human Resources and Skills Development Canada (HRSDC)/Service Canada takes into consideration when assessing a Labour Market Opinion (LMO) for a job that requires at most a high school diploma or a maximum of two years of job-specific training (National Occupational Classification (NOC) skill levels C and D).
It is important for employers to read the following information which describes the terms and conditions they must meet in order to hire a temporary foreign worker under the NOC C and D Pilot Project. Application that are submitted incorrectly will delay processing times.
When assessing a Labour Market Opinion request to hire a foreign worker under the NOC C and D Pilot Project, HRSDC/Service Canada considers :
- the occupation that the foreign worker will be employed in;
- the wages and working conditions offered;
- the employer's advertisement and recruitment efforts;
- the labour market benefits related to the entry of the foreign worker;
- the consultations, if any, with the appropriate union; and
- and whether the entry of the foreign worker is likely to affect the settlement of a labour dispute.
Employers must also follow the guidelines pertaining to the provision of: housing, transportation, an employment contract - (PDF 54 KB), health insurance and workplace safety.
Occupation
HRSDC/Service Canada and Citizen and Immigration Canada (CIC) use the NOC system to categorize the job you are filling based on the majority of duties you identify. HRSDC/Service Canada also uses the NOC to identify wages and labour market trends when assessing the job offer.
The NOC can help you as an employer more accurately describe the duties and identify the occupation that the foreign worker is expected to perform.
- Learn more about the NOC.
Wages and Working Conditions
HRSDC/Service Canada reviews the wages that you are offering to the foreign worker, and compares them to wages paid to Canadians in the same occupation based on labour market information from Statistics Canada, HRSDC/Service Canada, provincial ministries, and other reliable sources. If you are offering wages below rates paid to Canadians in the same occupation and region, HRSDC/Service Canada will not issue a positive Labour Market Opinion in response to your request to hire a foreign worker.
You are required to offer a temporary foreign worker working in a unionized environment the same wage rate as established under the collective bargaining agreement. In addition, benefits provided to Canadian workers or permanent residents must be extended to the foreign worker.
These requirements also apply to the regular LMO process. If you want to offer the collective agreement wage, you must apply under the regular LMO process.
In order to address unique circumstances, HRSDC/Service Canada maintains the discretion to set the prevailing wage rate that an employer must offer a temporary foreign worker whether or not the position is covered by a collective agreement. The prevailing wage is the average hourly wage paid to Canadians working in an occupation in a specific geographical area.
You must make sure that the working conditions that you are providing are consistent with federal and/or provincial standards; for the occupation and workplace.
Advertisement and Recruitment
You will have conducted the minimum advertising efforts required if you:
- Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan, Quebec, or the Northwest Territories) for a minimum of 14 calendar days during the three (3) months prior to applying for an LMO; and
- Conduct recruitment activities consistent with the practice in the occupation. Advertisement must be for a minimum of 14 days, choosing one or more of the following options:
- advertise in weekly or periodic newspapers, 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).
The advertisement must include:
- the company operating name;
- job duties (for each position, if advertising for more than one vacancy);
- wage range (i.e. an accurate range of wages being offered to Canadians and permanent residents). The wage range must always include the prevailing wage for the position – see “wage rate”;
- the location of work (local area, city, or town); and
- the nature of the position (i.e. project based, or permanent position).
In addition to the advertisement efforts mentioned above, you are also encouraged to conduct ongoing recruitment efforts, including communities that face barriers to employment (e.g., 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.
Advertisement criteria vary slightly in the province of Quebec. For further information, consult Hiring Temporary Foreign Workers in Quebec.
Wage Rate
The wage range identified in the advertisement must represent an accurate range of wages being offered to Canadians and permanent residents, working in the same occupation and geographical area, and include reference to benefit packages being offered. The wage range must always include the prevailing wage for the position. For purposes of the Temporary Foreign Worker Program, the prevailing wage is identified as the average hourly wage for the occupation and region where the worker will be employed.
Variations to the Minimum Advertising Requirements
Variations to theminimum advertising requirementsmay apply in certain cases.
Additional Advertisement Requirements
HRSDC/Service Canada reserves the right to require alternative or additional recruitment efforts (i.e., increased duration [length of time] or broader advertisement [whether local, regional, or national]) if, it believes that additional efforts would yield qualified Canadian citizens or permanent residents who are available to work in the occupation and region.
For all occupations, contact your Service Canada Centre.
Proof of Advertisement
You must be prepared to demonstrate that you meet the advertising requirements by providing proof of advertisement and the results of your efforts to recruit Canadians or permanent residents as part of the Labour Market Opinion process (e.g., information on the qualifications of Canadian applicants and why they were rejected). Records of your efforts should be kept for a minimum of six years, as stipulated in other federal and provincial legislations, such as the Income Tax Act.
Union Consultation
If the position being filled by the foreign worker is part of a bargaining unit, the following factors, although not determinative, will support a positive HRSDC/Service Canada decision and will reduce delays in the recruitment of the foreign worker especially in NOC C and D occupations:
- Conduct union consultations before applying to hire the foreign worker(s).
- Actively work with union officials to recruit unemployed Canadians.
- Confirm that the conditions of the collective agreement (e.g. wages, working conditions) will apply to the foreign worker.
HRSDC/Service Canada reserves the right to contact union representatives when reviewing your application.
Labour Disputes
If you are making an offer to a foreign worker for a position that affects current or foreseeable labour disputes at your workplace, or affects the employment of any Canadian worker involved in such disputes, HRSDC/Service Canada and CIC will not confirm the hiring, or issue a work permit to the foreign worker.
Regulated Occupations
CIC will not issue a work permit if the foreign worker does not meet certification and licensing requirements for regulated occupations in Canada (e.g. doctors, engineers, tradespersons). Making the necessary arrangements with the regulatory body for certification and licensing is the employer's and foreign worker's responsibility.
Housing
When applying to hire a foreign worker in NOC C and D occupations, you will be expected to show that you are providing affordable housing or show (e.g. through newspaper clippings) that affordable housing is available where the foreign worker is expected to work.
Transportation Costs
When hiring a foreign worker under the Pilot Project for Occupations Requiring Lower Levels of Formal Training, you must always pay the round trip transportation costs for the foreign worker to travel to the location of work in Canada and return to his/her country of permanent residence. These costs cannot be passed on to the foreign worker (i.e., the worker pays for transportation costs and is reimbursed at a later date). Under no circumstances are transportation costs recoverable from the foreign worker.
For more information on transportation costs...
Employment Contract
You must prepare and sign an employment contract - (PDF 54 KB). A signed copy must be attached to your Labour Market Opinion application. Upon receipt of a letter of confirmation from HRSDC/Service Canada, you must send a copy of the signed contract and the HRSDC/Service Canada confirmation letter to the foreign worker. The worker will need to submit these documents to Citizenship and Immigration Canada when applying for a work permit.
In the event differences arise between yourself and the foreign worker, the contract will guide the resolution of disputes. In cases of demonstrable breaches of the employment contract, where no reparations have been made, HRSDC/Service Canada reserves the right to discontinue service for the hiring of foreign workers.
In addition to the employment contract, foreign workers, like Canadians, are covered by provincial labour and workplace safety legislation.
Health and Workplace Safety
As outlined in the employment contract, you must ensure that the foreign worker is covered by private or provincial health insurance at all times. If private health insurance must be provided, you must pay for the insurance and these costs cannot be recovered from the worker.
Under the employment contract, you must also register the foreign worker under the appropriate provincial Workers' Safety and Compensation Board.
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