June 23, 2006

Foreign Workers

Red tape ties up applicants

Clean paperwork helps speed the process

PETER KENTER

correspondent

TORONTO

Unless you’re employing actor Kurt Russell, or the U.S. coach of a CFL franchise, hiring foreign workers in Canada is a predictable bureaucratic process, says Ryan Conlin, an associate with the Toronto offices of legal firm Stringer, Brisbin, Humphrey.

To satisfy regulations under the Immigration and Refugee Protection Act, hiring foreign workers requires a labour market opinion (LMO) from Service Canada (SC) and the filing of appropriate paperwork.

Conlin says that although applications are processed within a typical timeline of between four and 12 weeks, applicants increase their chances of getting a faster response by providing a well-organized and complete application.

“Write a cover letter,” says Conlin, “and include any information that you feel will help the application. Spell out exactly which supporting documentation you’ve placed in the application and label it Appendix A, B and C and so on. The easier you make the job for the SC officer the better.”

A complete package should include an original signed application form; an original signed authorization for use of the representative (if applicable); an original signed job offer; copies of any recruitment materials; a copy of the job description; a copy of the foreign worker’s resume, and; a copy of a passport page for foreign workers, if applicable.

A typical oversight might occur in a case where a construction market is widely understood to be lacking in qualified applicants.

“You still have to provide proof that you, as the employer, actually attempted to recruit a Canadian worker to fill the position,” says Conlin. Proof might include newspaper advertisements or a job posting.

SC will also provide consideration for applications where hiring the foreign worker will provide labour market benefit to other Canadians. If that’s the case, the application should show how hiring the foreign worker will:

* transfer skills and knowledge to Canadians,

* fill a labour shortage,

* create or retain job opportunities for other Canadians.

“For technical applicants it is relatively straightforward to establish to SC that the foreign worker will be transferring skills to Canadians,”says Conlin.

SC will review the wages being offered to the foreign worker and will ensure that the wages don’t undercut those of Canadian employees in the same occupation.

“It has been our experience that SC is often extremely precise about the wages they believe should be paid to the foreign worker,” says Conlin. “From time to time, they’ll refer to a standard you may never have heard of. Employers are well advised to comply with the recommendations if they are interested in having the job offer confirmed.”

Once the foreign worker is on the job site, employers should be careful about the functions the worker fulfills. “You can’t change the job description after the person arrives without seeking a new LMO,” says Conlin. “Make the job description in the application as general and open-ended as possible to avoid the hornet’s nest of reapplying.”

Conlin notes that employers in the construction industry often find the process of hiring foreign workers frustrating.

“There’s clearly a shortage of skilled labour in the construction market, but the labyrinth of getting them into the country has encouraged widespread non-compliance within the industry, particularly in Alberta and the GTA,” he says. “There’s a program to bring certain skilled labourers into the oil industry and it would be helpful if that program were extended to the construction industry in Ontario.”

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