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Temporary Foreign Worker Program

Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)

Questions and Answers

General

1. What is the Temporary Foreign Worker Program?
2. What is a Labour Market Opinion (LMO)?
3. What is the National Occupational Classification (NOC) System?
4. Can employers apply for an extension to a Labour Market Opinion? 
5. Can a Labour Market Opinion be revoked? 

Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)

1. What is the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)?
2. What are NOC C and D skill level positions?
3. What requirements must employers meet when they apply for a Labour Market Opinion under the Pilot Project?

Advertisement - Recruitment

1. Do I have to advertise a position before applying for a Labour Market Opinion under the Pilot Project?

Transportation Costs

1. What is included under transportation costs?
1.1 How are transportation costs calculated if a foreign worker uses his/her private vehicle?
2. Should I purchase round trip transportation when I hire a foreign worker?
3. Should I keep documents to prove that transportation costs were paid?
4. How do I make the return transportation arrangements if the foreign worker no longer works for me (quits, resigned, was laid off, etc.)?
5. If a worker quits without giving notice, do I still have to pay for his/her return transportation costs?
6. Are there situations when I am not obligated to provide return transportation?
7. Am I responsible for return transportation even if I do not know where the worker is?
8. What steps should I take if I do not know where the worker is?
9. What steps should I take if a worker does not pick-up his/her travel documents or show-up when it is time to leave Canada?
10. What should I do if I suspect a worker is working illegally or for another employer?
11. Can I get reimbursed for return transportation costs when a worker goes to work for another employer before the end of his/her contract?
12. Am I still responsible for the return transportation costs if a foreign worker goes to work for a new employer in a "high-skill" position?
13. What steps should I take if a worker refuses to return to his/her country of permanent residence?
14. What should I do if a worker asks for cash in lieu of return transportation?

Prevailing Wage Rate

1. What is the prevailing wage rate?
2. How is the prevailing wage rate determined?
3. Why must I review a foreign worker’s wage rate after 12 months of employment?
4. If a position falls under a collective agreement, do I have to offer the wage rate established by the collective agreement?

Seasonal Job Offers

1. Can I hire foreign agricultural workers under the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)?
2. Can Labour Market Opinions for seasonal industries be issued for longer than the “season”?
3. Is the “Seasonal Agricultural Worker Program (SAWP)” still in place?

Protection of Workers Rights

1. How does HRSDC/Service Canada ensure the rights of workers are protected?

General

1. What is the Temporary Foreign Worker Program?

The Temporary Foreign Worker Program helps employers meet their human resource needs when Canadian workers and permanent residents are not readily available. The program is administered jointly by Human Resources and Skills Development Canada (HRSDC)/Service Canada, Citizenship and Immigration Canada (CIC), and Canada Border Services Agency.

Human Resources and Skills Development Canada’s role is to:

  • Provide a Labour Market Opinion at the request of an employer who wishes to hire a foreign worker.

Citizenship and Immigration Canada’s role is to:

  • Assess whether foreign workers can enter or stay in Canada; and
  • Make the final decision and issue the documents required for foreign workers to enter or remain in Canada.

Canada Border Services Agency’s role is to:

  • Examine, and admit or refuse, foreign workers seeking entry to Canada at airports and border crossing points in Canada.

For further information...

2. What is a Labour Market Opinion (LMO)?

A Labour Market Opinion (LMO) assesses what impact hiring a temporary foreign worker would have on the job market. It also ensures that the offer of employment is genuine and that the wages and working conditions are consistent with those of Canadians.

For further information...

3. What is the National Occupational Classification (NOC) System?

The National Occupational Classification (NOC) is the system used by the Government of Canada to code and describe the work performed in Canada's labour market.

The system classifies every occupation according to skill type and level. Skill type is based on the work performed and skill level corresponds to the training or education typically required to work in the occupation.

The NOC is developed in collaboration with Statistics Canada and updated according to five-year Census cycles.


4. Can employers apply for an extension to a Labour Market Opinion?

No, employers who anticipate that their human resource needs will continue beyond the period covered by a work permit must apply for new Labour Market Opinions. Applications should be sent at least four months prior to the expiry of the work permits to ensure HRSDC/ Service Canada has sufficient time to process the new applications and  CIC to process the work permit extensions.

5. Can a Labour Market Opinion be revoked?

Yes, a Labour Market opinion may be revoked prior to the issuance of a work permit if:

  • The application included false or misleading information;
  • New facts come to light subsequent to the issuance of the positive opinion that, had they been known, would have resulted in a negative opinion; or
  • The opinion was based on a mistake as to some material fact.

The revocation of a LMO decision is based on reliable documented evidence that confirms that the new information or altered circumstances would have had a negative impact on the assessment of the factors listed under section 203 of the Immigration and Refugee Protection Regulations. 

When a positive LMO decision is replaced with a negative decision, employers have to submit a new LMO application before they can hire temporary foreign workers.

 


Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)

1. What is the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)?

The Pilot Project allows for the temporary entry of foreign workers into National Occupational Classification (NOC) C and D skill level positions.

2. What are NOC C and D skill level positions?

The National Occupational Classification system consists of five levels, (Management Occupations (0) and skill levels A through D). NOC C and D skill level positions usually require a high school diploma or job-specific training:

  • C skill level positions usually require secondary school and/or occupation-specific training, or up to two years of on-the-job training or specialized training courses, or specific work experience.
  • D skill level positions generally require on-the-job training, short work demonstrations or no formal education requirements in order to perform the job.
3. What requirements must employers meet when they apply for a Labour Market Opinion under the Pilot Project?

For example, employers must agree to:

  • Meet the minimum advertisement efforts required;
  • Pay round trip transportation costs;
  • Ensure medical insurance coverage is provided at no cost to the foreign worker until he/she is eligible for provincial health insurance;
  • Confirm the availability of affordable and suitable accommodation;
  • Sign an employment contract;
  • Offer wages that meet the prevailing rate for the occupation and region where the worker will be employed or, if the position is unionized, offer the wage rate as established in the collective agreement;
  • Provide working conditions that are equivalent to those offered to Canadians in the same occupation;
  • Agree to review and adjust (if necessary) the worker's wages after 12 months of employment to ensure the worker continues to receive the prevailing wage rate of the occupation and region where he/she is employed.

For futher information...

Advertisement - Recruitment

1. Do I have to advertise a position before applying for a Labour Market Opinion under the Pilot Project?

Yes, you must advertise the position to ensure Canadians and permanent residents have the opportunity to apply for the position should they wish to do so.

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.

HRSDC /Service Canada reserves the right to require alternative or additional advertising 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.

Advertisement criteria vary slightly in the province of Quebec. For further information, consult Hiring Temporary Foreign Workers in Quebec.

For further information contact your Service Canada Centre.


Transportation Costs

1. What is included under transportation costs?

Under the Pilot Project, transportation costs cover the purchase of tickets for a worker to travel by plane, train, boat or bus from his/her country of permanent residence to the location of work in Canada and the return to his/her country of permanent residence.

If a foreign worker is already in Canada, transportation costs include the worker's travel to the location of work and the return to his/her country of permanent residence.

The select mode of transportation must have the least negative impact on the foreign worker in terms of travel time, expenses and inconvenience.

Transportation costs do not include for example:

  • Hotels, meals and miscellaneous expenses during the worker's travel to Canada and return to his/her country of permanent residence;
  • Day-to-day transportation to and from the location of work;
  • Vacations, emergency trips, etc.

1.1 How are transportation costs calculated if a foreign worker uses his/her private vehicle?

They are calculated by multiplying the number of kilometers the worker travels to reach the place of work by the price of gasoline. The amount should be sent to the worker before his/her arrival (direct deposit, cheque or other means). You should ask the foreign worker to keep all gasoline receipts.

The foreign worker's return to his/her country of permanent residence should be calculated the same way and the foreign worker should provide you with a receipt. You should inform Service Canada, the Canada Border Services Agency and Citizenship and Immigration Canada of the date and time of departure.

2. Should I purchase round trip transportation when I hire a foreign worker?

A lot can happen between the moment a worker arrives in Canada and returns to his/her country of permanent residence (i.e., worker can quit, be fired or change employer). It is strongly recommended that you do not purchase the return ticket when you hire the worker; it should be purchased at a later date.

3. Should I keep documents to prove that transportation costs have been paid?

Records of all transportation costs (i.e., invoices, receipts, copies of flight itineraries/ tickets/ boarding passes) should be kept for a minimum of six years, as stipulated in other provincial and federal legislations, such as the Income Tax Act.

4. How do I make return transportation arrangements if the foreign worker no longer works for me (quit, resigned, was laid off, etc.)?

You should make reasonable efforts to reach the worker and inform him/her of the arrangements you will be making (location, date, time, etc.). You could for example, send a registered letter to his/her mailing address in Canada, send an e-mail to the union representative informing him/her that you need to contact the worker about the return travel arrangements or communicate with the worker's emergency contact.

You are responsible for the return transportation costs until the worker's work permit expires.

5. If a worker quits without giving notice, do I still have to pay his/her return transportation costs?

Yes, you must pay return transportation costs as long as his/her work permit has not expired.

There are only two exceptions:

  • The foreign worker is employed by another employer who has a positive or neutral Labour Market Opinion under the Pilot Project for Occupations Requiring Lower Levels of Formal Training. In these circumstances, the new employer must pay transportation costs to the new location of work and for the return to the country of permanent residence; and
  • The worker is employed in a NOC O, A or B occupation (skilled occupation) by an employer who received a positive or neutral Labour Market Opinion. In these circumstances, the worker is responsible for transportation costs.
6. Are there situations when I am not obligated to provide return transportation?

There are only two exceptions:

  • The foreign worker is employed by another employer who has a positive or neutral Labour Market Opinion under the Pilot Project for Occupations Requiring Lower Levels of Formal Training. In these circumstances, the new employer must pay transportation costs to the new location of work and for the return to the country of permanent residence; and
  • The worker is employed in a NOC O, A or B occupation (skilled occupation) by an employer who received a positive or neutral Labour Market Opinion. In these circumstances, the worker is responsible for transportation costs.
7. Am I responsible for return transportation even if I do not know where the worker is?

Yes, you are responsible until the worker's work permit expires. The only exceptions are listed under Q6. It is recommended that you keep records of efforts you made to reach the worker to demonstrate that you made appropriate efforts.

You should make reasonable efforts to reach the worker and inform him/her of the arrangements you will be making (location, date, time, etc.). You could for example, send a registered letter to his/her mailing address in Canada, send an e-mail to the union representative informing him/her that you need to contact the worker about the return travel arrangements or communicate with the worker's emergency contact.

8. What steps should I take if I do not know where the worker is?

You must make reasonable efforts to reach the worker and keep documents that support your efforts. You could for example, send a registered letter to the worker's mailing address in Canada, send an e-mail to the union representative informing him/her that you need to contact the worker about the return travel arrangements or communicate with the foreign worker's emergency contact.

If you can not reach him/her, you should contact the Canada Border Services Agency immediately to request an investigation. You should also inform Service Canada and Citizenship and Immigration Canada.

9. What steps should I take if a worker does not pick-up his/her travel documents or show-up when it is time to leave Canada?

You should contact the Canada Border Services Agency immediately and request an investigation. You should also inform Service Canada and Citizenship and Immigration Canada.

10. What should I do if I suspect a worker is working illegally or for another employer?

Human Resources and Skills Development Canada/Service Canada and Citizenship and Immigration Canada are not authorized to disclose information regarding foreign workers. If you suspect he/she is working for another employer (legally or illegally), you should contact the Canada Border Services Agency immediately and request an investigation. You should also contact Service Canada and Citizenship and Immigration Canada.

11. Can I get reimbursed for return transportation costs when a worker goes to work for another employer before the end of his/her contract?

It is strongly recommended that you do not purchase round trip transportation at the beginning of an employer-employee relationship. Return transportation should be purchased at a later date.

Human Resources and Skills Development Canada(HRSDC)/Service Canada(SC) does not have the mandate to limit the mobility of temporary foreign workers in Canada or force a new employer to reimburse you for return transportation costs.

Under the Pilot Project, the new employer, who must have received a positive or neutral Labour Market Opinion from HRSDC/SC under the Pilot Project and signed an employment contract, is responsible for transportation costs to the new location of work in Canada and for the foreign worker's return to his/her country of permanent residence. On the other hand, the new employer is not obligated to reimburse you for the costs you incurred. You should speak to the new employer and see if he/she agrees to reimburse you.

12. Am I still responsible for the return transportation costs if a foreign worker goes to work for a new employer in a "high-skill" position?

As indicated under A5 and A6, you are not required to provide return transportation as long as the new employer received a positive Labour Market Opinion.

13. What steps should I take if a worker refuses to return to his/her country of permanent residence?

You should contact the Canada Border Services Agency immediately and request an investigation. You should also inform Service Canada and Citizenship and Immigration Canada.

14. What should I do if a worker asks me for cash in lieu of return transportation?

Under the Pilot Project, transportation costs cover the purchase of a ticket for workers to travel by plane, train, boat, car or bus to their country of permanent residence.

When using a private vehicle, return transportation costs are calculated by multiplying the number of kilometers traveled for the worker to return home by the price of gasoline. The amount should be sent (by direct deposit, cheque or other means) to the worker before he/she arrives in his country of permanent residence. You should ask the worker for a receipt.

It is recommended that you inform the Canada Border Services Agency and Citizenship and Immigration Canada of the date and time of the foreign worker's departure.


Prevailing Wage Rate

1. What is the prevailing wage rate?

It is the hourly wage a foreign worker receives. The rate must be equal or slightly higher than the average rate paid to Canadians working in the same occupation and region to make sure:

  • It is not more attractive for an employer to hire a foreign worker instead of a Canadian worker or permanent resident;
  • The entry of a foreign worker does not put downward pressure on Canadian wages;
  • A foreign worker is compensated at least at the same wage rate as Canadian workers.

The wage rate must be fixed or an agreed-upon amount for an agreed-upon number of hours of work per month/week, rather than payment based exclusively on commission, tips, piece work or according to the workload of the employer.

In a unionized environment, the worker must receive the same wage rate as established under the collective bargaining agreement. In cases where benefits are offered to Canadians, those same benefits must also be extended to the foreign worker.

Human Resources and Skills Development Canada/Service Canada maintains the discretion to set the prevailing wage rate that an employer must offer whether a position is unionized or not.

2. How is the prevailing wage rate determined?

It is based on the average rate paid to Canadian workers in the occupation and region where the foreign worker will be employed. The wage rate is based on the review of various labour market information (e.g., wage scale rates and unemployment rates for the occupation and region, and occupation trends).

In a unionized environment, the worker must receive the same wage rate as established under the collective bargaining agreement. In cases where benefits are offered to Canadians, those same benefits must also be extended to the foreign worker.

Human Resources and Skills Development Canada/Service Canada maintains the discretion to set the prevailing wage rate that an employer must offer whether a position is unionized or not.

3. Why must I review a foreign worker’s wage rate after 12 months of employment?

A lot can change over a 12-month period which can affect a prevailing wage rate. The review is to ensure that the worker continues to receive a rate which is consistent with the prevailing wage rate for the occupation and region.

Example: An employer who receives a 18-month Labour Market Opinion must agree to review the worker’s wage rate after 12 continuous months of employment, and adjust them if appropriate for the remaining six months of employment.

4. If a position falls under a collective agreement, do I have to offer the wage rate established by the collective agreement?

Yes, you must offer a temporary foreign worker working in an unionized environment the same wage rate as established under the collective bargaining agreement. In cases where benefits are offered to Canadians, those same benefits must also be extended to the foreign worker.

However, Human Resources and Skills Development Canada/Service Canada maintains the discretion to set the prevailing wage rate that an employer must offer whether a position is unionized or not.


Seasonal Job Offers

1. Can I hire foreign agricultural workers under the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)?

Yes, you can. The Pilot Project applies to workers of all countries and all industry sectors in Canada.

2. Can Labour Market Opinions in seasonal industries be issued for longer than the “season”?

A Labour Market Opinion for a position in a seasonal industry is issued for "a season" unless you can demonstrate that the position is ongoing and full-time and that no Canadians or permanent residents will be laid off during the off season.

If you have yearly seasonal labour needs, you must request a Labour Market Opinion every season. If you want to keep a worker beyond the employment period covered by a LMO and work permit, you must apply to Human Resources and Skills Development Canada/Service Canada for a new Labour Market Opinion.

3. Is the “Seasonal Agricultural Worker Program (SAWP)” still in place?

Yes, is still in place to help employers meet their demand for temporary seasonal agricultural workers from Mexico and a number of Caribbean countries in select agricultural sectors.

For further information...

For further information on seasonal agricultural workers in Quebec...

Protection of Workers Rights

1. How does Human Resources Skills Development Canada/Service Canada ensure the rights of workers are protected?

Enforcement of labour/employment standards are largely matters of provincial or territorial jurisdiction. If HRSDC/Service Canada receives a complaint from a foreign worker or becomes aware of a situation in which labour standards are not being adhered to, the department refers the matter to the appropriate provincial labour standards authority.

There are certain measures in place under the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D) that help protect the rights of temporary foreign workers. For instance:

  • Employers and workers sign an employment contract ;
  • Employers must pay roundtrip transportation costs;
  • Employers ensure that appropriate and affordable housing is available;
  • Employers pay the prevailing wage rate of the occupation in the region where foreign workers will be employed or, if a position is unionized, the wage rate as established under the collective agreement; and
  • Employers register workers with the appropriate provincial Workplace Safety Board and ensure workers have medical insurance coverage for the whole duration of employment.

Foreign workers have the same protection as Canadians and permanent residents. The Government of Canada works closely with provincial and territorial partners to help ensure that workers rights are met, and undertakes such measures that are available within its mandate to help ensure the well-being of foreign workers during their time in Canada.

For further information on employment and labour rights...
Temporary Foreign Worker Program Home Page 

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Date Modified:
2012-02-09