Employers’ Pathway for Hiring Temporary Foreign Workers in Canada

There are several steps to be taken before an employer can hire temporary foreign workers in Canada. The first would be to confirm that there is a shortage and look for Canadian citizens and/or permanent residents who are eligible and can fill up the available vacancies in employment. This is an essential step to be completed before the others can be completed. Human Resources and Skills Development Canada (HRSDC) requires that employers post job on Canada Job Bank. For this a business number has to be obtained from Canada Revenue Agency (CRA) if not already obtained. The employer needs to prepare a job description and post it. The National Occupation Classification (NOC) can assist in advertising a job. The position can be posted on Service Canada’s Canada Job Bank. Posting is free. Copy and log of the posting and advertisements is required to be kept as well as applicants that have not been accepted for two years as Service Canada can contact to verify the efforts of the employer.

The next step that an employer must take is to register the business under the Employment Standards Division (ESD). This is to ensure that the rights of foreign workers are protected as legislated in the Workers Recruitment and Protection Act (WRAPA). It normally takes around two weeks to provide confirmation by the ESD. The WRAPA certificate enables the employer to recruit applicants and will be sent by mail through Canada Post and which may extend the delivery time. The WRAPA certificate is valid for six months and once it is received and the foreign worker has joined, a report has to be sent to ESD with specified information like name, address, phone number, job title and work location.

Information like the employer information and declaration, valid certificate of registration issued by ESD, details of job on offer and foreign worker information with the job on offer will become essential for the labour market opinion (LMO) application. The LMO application is filled online and the hard copy mailed. If a third party is representing the employer then a signed copy of the appointment of representative form is also to be sent.

The process of recruitment also needs to be known and begins with the screening process and interviewing of the temporary foreign workers who meet the workplace requirements. Recruitment can be done by the employer with own resources or through an agency. It has to be ensured that the agency is licensed because the employer will be liable for penal actions for any illegal action made on the employee. Signing of the contract with the agency should be mandatory so that both are aware of the roles, responsibilities and services that are to be provided along with associated fees.

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