Human Resources and Skills Development Canada (HRSDC), the governmental body responsible for developing, managing and delivering social programs and services in Canada as well as for protecting Canada’s labour market, has made recent, unannounced changes to its directives for the processing of Labour Market Opinion applications. Specifically, HRSDC has implemented changes to the minimum advertising and recruitment efforts that must be conducted by employers seeking to hire a foreign worker in Canada.
As part of the LMO process, all employers are required to conduct recruitment for a minimum of 14 calendar days in the 3 months immediately preceding the date of the application to appropriately test the local labour market and demonstrate that they have been unable to find a suitably qualified Canadian to fill the position before looking to hire a foreign national. The scope of advertising required is dependent on the nature of and skill level of the position.
Former Recruitment Requirements
Previously, companies seeking to fill a professional or management-level position were required to advertise either on Service Canada’s Job Bank or conduct similar recruitment activities consistent with the practice within the occupation and industry. Meanwhile, companies seeking to fill a technical or skilled trade occupation were required to do both. In conducting “similar recruitment activities consistent with the practice within the occupation”, employers have previously relied upon internet job sites, industry journals and newspapers, as well as professional networking sites, company websites, and external headhunting firms or recruitment agencies who are able to conduct industry-specific and executive searches while maintaining a level of discretion for the company (particularly relevant for some companies seeking to hire senior executives).
The New Requirements
With HRSDC’s recent changes, the minimum requirements have become more stringent, particularly when it comes to an appropriate form of recruitment outside of Service Canada’s Job Bank website. Specifically, HRSDC now requires all recruitment to be conducted in a public medium to provide the broadest level of exposure of the vacancy to Canadian citizens and permanent residents:
1. Management and Professional Occupations – NOC Skill Type 0 and Skill Level A
To meet the minimum advertising requirements set by the Program, employers must conduct public advertising through one or more of the following methods:
on recognized Internet employment sites such as Monster, Workopolis; or
on the website of a professional association; or
in national newspapers, professional journals or newsletters; or
on the national Job Bank or its provincial/territorial counterpart in British Columbia, Saskatchewan, the Northwest Territories, Quebec, or Newfoundland and Labrador
The advertisement must be posted:
2. Technical and Trade Occupations – NOC Skill Level B
To meet the minimum advertising requirements set by the Program, employers must conduct public advertising through the following methods:
on the national Job Bank or its provincial/territorial counterpart in British Columbia, Saskatchewan, the Northwest Territories, Quebec, or Newfoundland and Labrador AND
- on recognized Internet employment sites such as Monster or Workopolis; or
- in local and regional newspapers, newsletters; or
- in ethnic newspapers and Internet sites; or
- in local stores, places of worship, community resource centres; or
- in local and regional employment centres
The advertisement must:
be posted for a minimum of 14 calendar days starting from the first day the ad appears and is accessible to the general public; and
be posted during the 3 month period prior to the employer applying for an LMO; and
include all of the following information/details:
- Company operating name
- Business address
- Title of position
- Job duties (for each position, if advertising more than one vacancy)
- Terms of employment (e.g. project based, permanent position)
- Wage (refer to Wages, Working Conditions and Occupations tab to determine the established rate for the specific commodity)
- Benefits package being offered (if applicable)
- Location of work (local area, city or town)
- Contact information: telephone number, cell phone number, email address, fax number, or mailing address; and
- Skills requirements, including education and work experience
If HRSDC determines that additional advertising may yield more results from qualified Canadians, they may also require the company to advertise in more locations or for a longer duration.
Proof of Advertising
The above advertising requirements apply for all LMO applications, including those filed through the new Accelerated LMO (A-LMO) initiative. Employers are required to keep records of all recruitment efforts (including copies of advertisements as well as results of their efforts such as applications and notes from the reviewing HR personnel) for a minimum of 6 years. HRSDC may request this information in processing future LMO applications or compliance reviews.
For more information on any Canadian or US immigration matter, please contact PricewaterhouseCoopers Immigration Law LLP at firstname.lastname@example.org or 1-800-993-9971
Posted by Melodie Hughes » No Comments