General Information for Canadian Employers 

 

In 2002, Canada initiated the Foreign Worker Pilot Program to issue temporary visas to foreign workers in any occupation with a labour shortage. Under this Program, employers must prove they are unable to fill their demand for workers in their local labour markets.

In order to meet seasonal labour shortages in the hospitality sector, an increasing number of businesses are implementing measures to facilitate the recruitment of foreign skilled workers. Citizenship and Immigration Canada in conjunction with Human Resources and Skills Development Canada (HRSDC) created the "Foreign Worker Program". The Foreign Worker Program seeks to improve the Canadian labour market by ensuring that qualified foreign workers are admitted to work in Canada. Every year, over 90,000 foreign workers enter Canada working temporarily (with a working visa).

 

Foreign Worker Program (HRSDC)

 

The Foreign Worker Program seeks to improve the Canadian labour market by ensuring that qualified foreign workers are admitted to work in Canada for jobs or vacancies that cannot readily be filled by Canadians and only when reasonable efforts have been made by employers to hire or train Canadian residents or permanent residents. Human Resources and Skills Development Canada (HRSDC) and Citizenship and Immigration Canada (CIC) work side by side to ensure that foreign workers will support economic growth in Canada and help create job opportunities for all Canadians.

HRSDC’s policy regarding the employment of foreign workers encourages employers to put in place human resource strategies to determine their current and future labour market needs, and to ensure that Canadians and permanent residents are always considered for employment. Where reliable and qualified workers can only be found outside the country, or when hiring a foreign worker may directly benefit Canadians, HRSDC facilitates the process for employers hiring temporary foreign workers. An HRSDC officer’s role is to assess requests for foreign workers and provide an opinion on how the hiring of the foreign worker will affect the Canadian labour market.

 

How can an employer hire a foreign worker?

As an employer, you must have the job offer approved or "confirmed" by Human Resources Development Canada (HRSDC). HRSDC assesses the job's economic effect on the Canadian labour market, and confirms either an individual job or a group of jobs. HRSDC examines several factors, including whether acceptable Canadian wages and working conditions are offered, whether qualified Canadians are available, and whether the work is likely to result in skills and knowledge creation or transfer that will benefit Canadians. An HRSDC officer will approve the job offer if he or she determines that it will have a positive or neutral effect on the labour market in Canada. HSRDC may also provide an opinion on specific types of jobs where labour market shortages exist. The government may reach agreements with industry sectors facing worker shortages to process work permits for needed workers faster.

 

Foreign Worker Program and Canadian Employment

 

The mandate of HRSDC is to provide a labour market opinion. Before issuing a favorable opinion, HRSDC will:

 

1) Determine the NOC (National Occupation Classification) number accurately representing the position

2) Review the wages that you are offering the foreign national, and compare them to wages paid to Canadians in the same occupation. If you are offering wages below rates paid to Canadians in the occupation, HRSDC will not confirm your job offer. The working conditions must be consistent with federal and/or provincial standards for the occupation and workplace.

3) IMPORTANT: You must provide HRSDC with proof of your recruiting efforts, both internally and externally. Copies of ads and billings, resumes received, names of applicants and the reasons they may not have been deemed suitable are required. Although Internet advertising may be helpful to your case, it is not sufficient to replace newspaper advertising as not everyone has access to the Internet. the applicants.

4) The employer must clearly demonstrate how the entry of the foreign worker will transfer skills and knowledge to Canadians, “fill a labour shortage”, or directly create or retain job opportunities for other Canadians. If there are no benefits for the Canadian labour market, the application is likely to be refused.

5) If the job offered to a foreign national is part of a bargaining unit, the employer must provide an explanation of the union's position on hiring a foreign national. Moreover, the employer must confirm he actively worked with union officials to identify unemployed Canadians who are qualified for the position. Finally, the employer and the union must confirm that the conditions of the collective will apply to the foreign worker.

It is important to note that HRSDC will not validate a job offer if the position is affecting a labour dispute or affects the employment of any Canadian worker involved in such a dispute.

Many thanks to HRSDC/CIC for information contained on this page