Best Practices Guide - Alberta

Transcription

BestPracticesGuideRecruiting InternationalSkilled Workers in the TradesPreparing to Hire Foreign WorkersLabour Market Impact Assessment,Work Permit and Trades CertificationUsing an Employment AgencyRecruiting Foreign WorkersSelecting Foreign WorkersTraining for Foreign WorkersIntegrating Foreign WorkersRetaining Foreign WorkersResources

Purpose ofthe GuideThis guide is designed to help youunderstand the federal Temporary ForeignWorker Program (TFWP) and to providean overview of the steps involved to hireinternationally skilled tradespeople.Industries that rely on skilled tradespeopleoften need to source internationalemployees if the local labour marketcannot meet their needs.Preparing toHire ForeignWorkersEmployers who are aware of theirresponsibilities and available resourcesbefore beginning the recruitmentprocess have more success recruiting andintegrating foreign workers.It takes time for a foreign worker to beginworking for you. Learn about the processof hiring a foreign worker, including thedetails involved in obtaining a LabourMarket Impact Assessment (LMIA), workpermit, and trades certification.1All efforts should be made to hireAlbertans and Canadians first, but ifyou are unable to hire locally, this guidegives you an overview of how to hireinternationally trained tradespeople. Itcontains helpful tips for hiring, selecting,training and retaining foreign workers.Considerationswhen Preparing toHire Foreign Workers Identify who in your organizationis responsible for recruiting,selecting, training and integratingforeign workers. Decide how you will screen and selectforeign workers. Determine the costs associated withrecruiting, selecting, training andintegrating foreign workers.

Roles and ResponsibilitiesEmployer Identify job title, job description, wages, qualifications, language skills and work experiencerequired for the job. Obtain Labour Market Impact Assessment (LMIA) from Service Canada. Interview and select foreign workers. Advise and help foreign workers apply to the Qualification Certificate Program. Help foreign workers settle and integrate. Provide workplace orientation and training to foreign workers. Provide training and study opportunities to foreign workers to prepare for trade exam(s). Submit Employer Declaration letter to AIT (if required).Foreign Worker Immigration, Refugeesand CitizenshipCanada (IRCC) Assess foreign workers’ eligibility for a work permit.Paid Representative A member in good standing of a Canadian provincial or territorial law society. A member in good standing of the Chambre des notaires du Québec. A member in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC).Canada BorderServices Agency Assess foreign workers’ eligibility for a work permit at the port of entry. Issue work permit at the port of entry.Service Canada Provide guidance to employers about LMIAs. Assess an employer’s LMIA application. Issue LMIA to employers.Apprenticeship andIndustry Training (AIT),Government of Alberta Administer Alberta’s apprenticeship and industry training system. Provide assistance to employers, immigration lawyers/consultants and foreign workers about thetrade certification process. Administer the Qualification Certification Program. Assess work experience and credentials of foreign workers. Provide approval letter to foreign workers to work in their trade. Recommend reference and study materials to prepare for exam(s). Conduct trade certification exam(s) and issue trade certificates.Labour, Governmentof Alberta Support employers by providing labour market information, information sessions and brochures. Provide resources and information for employers and foreign workers atAlbertaCanada.com/opportunity. Administer the Alberta Immigrant Nominee Program (AINP). Provide advice on employment standards, rights and responsibilities related to work conditions toforeign workers through the Temporary Foreign Worker Advisory Office.Alberta LabourOrganizations &Associations Offer assistance to employers in recruiting foreign workers. Provide trade skills training.Immigrant ServingAgencies Offer orientation and settlement services to foreign workers who have arrived in Alberta. For a list of settlement agencies in Alberta visit ml.Apply for jobs which match their skills and experience.Obtain work permit from Immigration, Refugees and Citizenship Canada (IRCC).Prepare for and write AIT trades certification exam(s).Acquire trade certification from AIT within required time period.Government of CanadaGovernment of Alberta2

LabourMarket ImpactAssessment,Work Permitand TradesCertificationThe process for hiring foreign workers involvesmany steps. Some of these processes mayhappen at the same time.To hire a foreign worker under the TemporaryForeign Worker Program (TFWP) theemployer will need to obtain a positiveLabour Market Impact Assessment (LMIA).Some occupations are LMIA exemptand workers will be processed under theInternational Mobility Program f the foreign worker is in a compulsorytrade you must ensure they apply to theQualification Certificate Program throughApprenticeship and Industry (AIT). Thisis mandatory for any foreign worker that isworking in a compulsory trade and must beobtained prior to issuance of the LMIA.Once Service Canada issues the LMIA, theforeign worker must apply to Immigration,Refugees and Citizenship Canada (IRCC) for awork permit.3

LMIA ProcessAn LMIA gives you the approval to hirea foreign worker(s). Service Canada willissue an LMIA if they determine thathiring a foreign worker will have a positiveor neutral impact on the Canadian labourmarket. You must provide proof that youadvertised the job but were unable to findany qualified Canadians or permanentresidents prior to hiring a foreign worker.TIPS: Review all of the steps requiredfor applying for an LMIA beforecompleting the application forms.Service Canada will issue anLMIA only if you have met all therequirements. Some factors ServiceCanada considers when assessing anapplication for an LMIA include:Employer meets all recruitmentrequirements including durationof advertising, ad content andmethods of advertising.Employees are paid prevailingwage rates. Service Canada setsprevailing wage rates. To getan idea of wages in differentoccupations visitworkingincanada.gc.ca.Working conditions (hoursof work, overtime, and workplacesafety insurance) meet industrystandards. You will need to submit documentsto support your application for anLMIA, including:Proof of advertising: ServiceCanada requires you to provideproof of advertisements andrequires you to place specificinformation (such as companyname, wage range, position title,etc.) in the ads.Results of your advertising efforts:This may include copies ofapplications from candidates, whataction you took as an employer tohire them and reasons why youdid not. Your LMIA application may berefused if you do not provide and meetadvertising criteria. It is important to review all of thecriteria as they will impact yourLMIA application. A detaileddescription of the LMIA assessmentcriteria is available on the Employmentand Social Development Canada(ESDC) website. Check the processing time for anLMIA by calling Service Canada’sEmployer Contact Centre at1-800-367-5693. You can apply for an LMIA beforeyou select a foreign worker. ServiceCanada will issue a pre-approval if youmeet all the assessment criteria. Onceyou select a foreign worker who hasreceived approval for the QualificationCertificate Program, you can send theforeign worker’s information to ServiceCanada to issue the LMIA. For foreign workers recruited incompulsory trades, Service Canadarequires a copy of the foreign worker’sQualification Certificate Programapproval letter issued by AIT before theyissue the LMIA approval. Remember tofactor in the application processing timefor the Qualification Certificate Program.For more information about theQualification Certificate Program, mporary fw Employers hiring for positions that areat or above provincial median wage willbe required to submit a Transition Plan. If you are hiring a foreign workerfor a low wage occupation (less thanprovincial median wage) there areadditional requirements in orderto obtain an LMIA. Learn more atedsc.gc.ca/en/foreign workers/hire/medianwage/low/overview.pageFind information on the LMIAprocess or permits:AlbertaCanada.com/employersApply for an LMIA:esdc.gc.ca/eng/jobs/foreign workers/reform/info emp.shtmlLMIA requirements maychange. Check the ESDCwebsite for current information:esdc.gc.ca/en/foreign workers/index.page4

Work PermitOnce you receive an LMIA, you mustprovide a copy of it and a job offer letterto the foreign worker. These documentsare required when he/she applies fora work permit. A work permit gives aforeign worker authorization to work inCanada. The candidate may apply for awork permit at an overseas CIC visa office(Canadian Embassy, High Commissionor consulate). For more information onapplying for work permits and applicationforms, visit cic.gc.ca/english/work.Citizens of countries that do not requirea Temporary Residence Visa to enterCanada may apply for a work permit at aCanadian port of entry. Foreign workersmust have all required CIC applicationforms, documents and the applicationfee. For a complete list of countries wherea visitor’s visa is required, visit cic.gc.ca/english/visit/visas.aspTIPS: Foreign workers must prove to CICthat they meet job requirements andother requirements including medical,criminal record and security checks. Foreign workers are responsible forfees associated with applying for awork permit. Some employers chooseto cover these costs. If you wish tobe reimbursed for these costs, clearlyindicate this in the employmentcontract between you and theforeign worker. Processing times vary for each CICvisa office. Check the CIC websitefor up-to-date processing times for awork permit application. This givesyou the foreign worker’s approximatearrival date. Check work permitprocessing times at ta’s TradeCertification ProcessIn Alberta, there are two classificationsof designated trades: optional trades andcompulsory trades.Optional TradesA foreign worker is not required to havea trade certificate to work in an optionaltrade if an employer is satisfied that theworker has the knowledge and skillsexpected of a certified journeyperson.Compulsory TradesTo work in a compulsory trade, a foreignworker must have one of the following: A letter from the Apprenticeship andIndustry Training (AIT) branch ofthe Government of Alberta indicatingtheir Qualification Certificate Programapplication is approved, or An Alberta Qualification certificate, or A trades certificate that is recognizedby AIT.5

To ensure foreign workers meet Albertaindustry standards for compulsory trades:Once the candidate obtains the workpermit and arrives in Alberta: Foreign workers must hold a tradecertificate that is recognized by AIT orapply to the Qualification CertificateProgram. This program allows tradespeople to demonstrate that their skills,knowledge and experience in thetrade meet Alberta industry standards.Foreign workers must have anapproved application prior to arrivingin Alberta. If the foreign worker isalready in Alberta, they must submita Qualification Certificate applicationand fee to AIT before they are eligibleto work in the trade. The foreign worker must informAIT of their arrival date, provide theaddress of their Alberta residence, andprepare for the trade exam(s). AIT will issue an approval letter to theforeign worker (and the employer, ifknown) stating that the applicationhas been assessed and approved andthe foreign worker is eligible to workin the trade in Alberta. This lettermust be provided to Service Canada toobtain an LMIA.QualificationCertificate /qualification-certificate/ For some trades, the employer isrequired to provide AIT with anEmployer Declaration Letter beforethe foreign worker writes the tradeexam(s). The employer must completethe declaration letter attesting that theforeign worker is performing the tasksand activities of the trade at the levelof a certified journey person. In other trades, the foreign workermust provide AIT with a completedTrades Competency Verification Bookprior to scheduling their trade exam. The foreign worker prepares for andchallenges the theory exam(s), and forsome trades, a practical exam. The passmark is 70 per cent for each exam. The foreign worker has two attemptsto pass the exam(s). If the applicant isnot successful after two exam attempts,AIT will cancel their application. A foreign worker in Alberta mustobtain certification within 12 monthsof arriving in Alberta, or within 12months of submitting the applicationto AIT if the foreign worker wasalready in Alberta when they applied.TIPS: The Qualification Certificate Programapplication is a legal documentand foreign workers must providedetails of previous work experience,an explanation of specific dutiesperformed in the trade, and monthsand hours of work experience. Thisinformation must be verifiable. To verify the information in theQualification Certificate Programapplication, AIT will contact allprevious employers of the candidates.Candidates should ensure thatall employer contact informationprovided on their application is upto-date. AIT processing times vary dependingon application volume, the accuracyand completeness of the application,and whether the applicant’s previousemployers are still in business and ableto verify employment informationwith AIT. Alberta employers must havecertified tradespeople employed withtheir companies to supervise theforeign worker while they completethe Qualification Certificate Programprocess.6

Using anEmploymentAgencyAn employment agency is a business thathelps employers find workers. If you planto use an employment or recruitmentagency, make sure they are licensed andinvolved in the process.Role of anEmployment AgencyThe most common roles andresponsibilities of an employmentagency are: To act on your behalf during therecruitment process (for a fee). To advertise your job tofind candidates. To screen candidates for yourrequired skills. To assess candidates to give you ashortlist for your selection. To apply for a Labour Market ImpactAssessment (LMIA) on your behalf. To assist foreign workers withwork permit applications andtravel-related paperwork. To assist foreign workers withcompleting the Alberta QualificationCertificate Program online application.Your Role When Usingan Employment AgencyWhile employment agencies may beresponsible for a number of recruitmentactivities, employers must also be involvedin the process.To ensure success, it is recommendedthat employers: Outline the responsibilities of theemployment agency in a contract. Keep a copy of the LMIAapplication(s), the LMIA approval(s)and any correspondence with ServiceCanada. The employer is responsiblefor the LMIA even if the employmentagency completes the LMIAapplication on the employer’s behalf. Clearly communicate the jobrequirements to the employmentagency so they can recruit and screenthe best candidates. Are aware of how the employmentagency is recruiting and screeningcandidates. Ensure the employment agency isnot charging the foreign worker feesfor finding employment or givingthem false information about theiremployment or immigration prospects. Make the final selection of thecandidates.7

Select anEmployment AgencyWhen choosing an employment agency,remember the following: Be aware of provincial regulationsrelated to this industry. Under Alberta’s Fair Trading Act,employment agencies must havea provincial employment agencybusiness licence. It is good businesspractice to check the agency’sbusiness licence. Immigration, Refugees andCitizenship Canada (IRCC) onlypermits authorized immigrationconsultants to represent or provideadvice in connection with anyCanadian immigration process orapplication; this includes LMIAapplications. For more informationabout authorized immigrationconsultants, visit ho.asp. If you are using the services of animmigration consultant to apply foran LMIA, you are required to includethe “Schedule A - Appointment of aThird-party Representative” form withthe LMIA application to ESDC at Conduct a thorough reference checkon the employment agency, includingpast services for Alberta companies,before entering into a contract withthem. Service Alberta’s ConsumerTip Sheet for Employment Agenciesat servicealberta.ca/pdf/tipsheets/EmpAgencies Tipsheet.pdf outlines usefulinformation on using employmentagencies.To check if an agency islicensed, contact the ServiceAlberta Consumer ContactCentre:Edmonton and area: 780-427-4088Toll-free in Alberta: 1-877-427-4088Or use the business licencesearch function at servicealberta.Using an EmploymentAgency Based in Canadaor AbroadAll employment agencies hiring workersto work in Alberta must operate underAlberta’s Fair Trading Act regardless ofwhere they are located. The Act protectsthe interests of the consumers who use theservices of employment agencies.Under the Act: It is illegal for an employment agencyto charge a foreign worker anyplacement fees. An employment agency can charge anemployer for their services. The employer cannot recover thesecosts from the foreign worker (forexample, the employer cannotdeduct these costs from the foreignworker’s paycheque).ca/183.cfmFor more information and tipson using an employmentagency, refer to the TemporaryForeign Worker Guide forEmployers at ?app prfl&frm emp5575&ln eng Holding a business licence does notguarantee an agency will meet itscontractual obligations or provincialregulatory requirements.8

RecruitingForeignWorkersThere are many factors to consider whendeciding where to recruit foreign workers.This decision will affect your costs,method of recruitment, timelines and thequality of candidates you recruit.How to Recruit ForeignWorkersA successful recruitment strategy considerswhether the country has: similar education and trainingstandards to Alberta. To betterunderstand foreign credentialsdownload the Education OverviewGuides at employment.alberta.ca/educationguidesForeign workers from thefollowing countries had thehighest rate of success inAlberta trade certification(2005-2010)CountryTradePhilippines1. SteamfitterPipefitter2. Welder3. ElectricianUnitedKingdom1. Electrician2. SteamfitterPipefitter3. WelderIndia1. SteamfitterPipefitter2. Welder3. AutomotiveServiceTechnician a certification program for its trades comparable industry profiles,occupations and salary expectations candidates that meet the Englishlevel required to work safely andcompetently in Alberta and pass thetrade exam(s) training centres you can access to testworkers during the selection process specific cities in the countrythat can provide you with moresuitable candidates any union affiliations to thosein Alberta a government with mandatoryrecruitment procedures that anemployer must follow9Source: Alberta Apprenticeship andIndustry Training (AIT)

Best PracticeCountry FactsheetsIt is best for employers to be involvedthroughout the hiring process and makethe final selection of foreign workers.The Government of Alberta undertooka research study to identify thecompatibility of training systems andon the job experience from the UnitedKingdom (U.K.) and Ireland with AIT.Currently there are factsheets for Irelandand the U.K. The factsheets are a resourcefor employers who are interested in hiringinternationally trained professionals andrequire an overview of the comparableoccupations in the country, scope ofoccupations, qualifications and skill gaps.Employers should test foreign workersbefore selecting them, if possible. Awritten test may not be sufficient.A skilled and competent employerrepresentative tradesperson shouldobserve their work and ask the candidatesquestions about their work. The foreignworker’s responses will demonstratetheir capacity to understand English,their language level and ability to usetrade terminology.Download the /trades.aspxCountry TradeIreland Carpenter Crane & HoistingEquipment Operator Electrician Instrument Technician Insulator Ironworker Plumber Powerline Technician Steamfitter-Pipefitter WelderU.K. Carpenter Crane & HoistingEquipment Operator Electrician Instrument Technician Insulator Ironworker Plumber Powerline Technician Welder10

SelectingForeignWorkersAlberta TradeCertification RequirementsSelected foreign workers should havethe skills, experience and knowledgeto perform the tasks of the trade at thejourneyperson level and the capability topass the trade exam(s).TIPS: When screening foreign workers,verify their skills and work experiencebased on the requirements of theQualification Certificate Program.Refer to the AIT website attradesecrets.alberta.ca/experiencedworkers Ensure the foreign workers havesufficient English language skills topass the Qualification CertificateProgram exam(s) and to work safelyand productively on the job. Ensure the foreign workers meetthe technical requirements of thejob. Employers will often includea technical specialist to conduct atechnical skills test and a humanresources representative as part of theinterview and selection process. Employers often select foreignworkers based on their workplacerequirements; however, when selectingforeign workers, employers shouldremember that they must also be ableto pass the trade exam(s).11Language CompetencyLanguage ability is extremely importantwhen selecting a foreign worker.Employers indicate this is a major factorin passing the trades exam(s). Even thoughtranslators are permitted during exams,while foreign workers may have minimumlevels of English language proficiency,this does not guarantee they will pass theexam(s).TIP: Check the English level of the foreignworkers at the screening stage. You canidentify English language competencyand ensure workers will meetimmigration requirements should youwish to retain them permanently.Canadian recognizedlanguage tests Canadian English LanguageProficiency Index Program (CELPIP)is an English proficiency testrecognized by Immigration, Refugeesand Citizenship Canada (IRCC).Learn more at CELPIP.ca. International English LanguageTesting System (IELTS). IELTS is anEnglish proficiency test recognizedby Immigration, Refugees andCitizenship Canada (IRCC) forimmigration purposes. An overall scoreof 6.0 demonstrates a competent userof English. Learn more at IELTS.org.

Immigration ConsiderationsForeign Trade QualificationsWhile a foreign worker may meetyour criteria and trade certificationrequirements, they also need to meetImmigration, Refugees and CitizenshipCanada (IRCC) requirements to enter andwork in Canada. Foreign workers may berefused entry to Canada because they donot pass IRCC’s criminal check. When selecting foreign workers,understand and identify the skillsgaps they may have. For example,internationally trained electricians will notbe familiar with the Canadian ElectricalCode.TIP: Obtain a criminal record check orsecurity clearance from the foreignworker during the screening processto ensure they will be admissible toCanada. For example, in the UnitedStates driving under the influence(DUI) is not a criminal offence. InCanada it is, thereby making theforeign worker inadmissible. A trade in Alberta may be calledsomething else in another country. Forexample, the designation of steamfitterpipefitter in Alberta does not exist in theU.K. There are occupations in the U.K.that offer elements of steamfitter-pipefittertraining in their curriculum, but there isno direct equivalent or specific disciplinein the U.K. matching Alberta’s steamfitterpipefitter occupation.12

Training forForeignWorkersPrepare ForeignWorker for the QualificationCertificate Program Exam(s)Once the foreign worker arrives in Alberta,they have 12 months to prepare for andchallenge the trade exam(s). Employersshould provide their foreign workers withtraining and support to pass their exam(s).TIPS: Provide some basic training such asgeneral safety information to foreignworkers prior to their arrival in Alberta. Contact your union or industryassociation to see what training isoffered. Foreign workers shouldparticipate in employer or unionsponsored trade refresher courses. Provide additional classroom, technicaland trade terminology training. Encourage foreign workers to takeEnglish language training. Foreignworkers may also want to obtain anEnglish tutor. Integrate foreign workers withCanadian tradespeople inthe workplace. Allow sufficient time in foreignworkers’ work schedule to studyfor exam(s).13 Provide the foreign workers withstudy resources, available attradesecrets.alberta.ca/ilm, to prepare fortheir exam(s). These include pre-studypackages, a glossary of trade terms andexam counselling sheets. Occupational health and safetystandards are different around theworld; provide the appropriatesafety training to workers to avoidoccupational health and safety issuesin the workplace. The ConstructionSafety Training System is a CD-ROMbased course developed by the AlbertaConstruction Safety Association(ACSA) that uses interactivemultimedia, including full-motionvideo and sound, and can be accessedat acsa-safety.org. Provide additional training to foreignworkers so that they have the bestopportunity to pass the trade exam(s). While foreign workers may meet yourjob requirements they must pass theirtrade exam(s). If the workers cannotpass the certification exam(s) in thecompulsory trades, they will not beable to continue to work in their tradein Alberta.

IntegratingForeign WorkersEmployers who support foreign workers’ orientation and integration haveemployees that are well-adjusted and perform better in the workplace.These are examples of how employers have successfully integrated foreignworkers into the workplace and community.Best Practices of Integrating Foreign WorkersPre-Arrival Provide information (websites, brochures, etc.) about the communitywhere the workers will be working and living. Encourage English language classes prior to arrival. Prepare your Canadian employees for the arrival of foreign workers;cultural diversity or sensitivity training may be beneficial. Prepare the foreign worker to expect diversity in Alberta’s tradeindustries, which includes different cultures and women innon-traditional roles. Provide a review of AIT’s Tradesecrets website, available attradesecrets.alberta.ca/home.Arrival andSettlement Welcome foreign workers to Alberta upon arrival. Collect foreign workersat the airport. Assist workers in finding suitable living accommodation. Introduce foreign workers to the community and provide basic orientationon items such as banking, grocery shopping, transportation, getting adriver’s licence, etc. Assist foreign workers in shopping for work and winter clothing,if required. Assist foreign workers in obtaining health insurance and a socialinsurance number. Introduce foreign workers to settlement centres or organizations inthe community. Support foreign workers in improving their English proficiency. Review the foreign workers’ work permit to ensure the document doesnot have errors.Workplace Standardsand Safety Provide training information on occupational health and safety, andworkers compensation coverage. Explain employment standards and the rights and responsibilities ofworkers in the workplace.Useful Links and Publications Temporary Foreign Worker Guide for Employers and Temporary Foreign Worker Guide for Employeesavailable at tml Construction Sector Council’s Temporary Foreign Worker Guide at tempforeignwork.ca14

RetainingForeignWorkersEmployers who wish to retain theirforeign workers may: obtain a new Labour Market ImpactAssessment (LMIA) and apply toextend the work permit of the foreignworker, and/or support the foreign worker inobtaining permanent resident statusRetaining an Employeethrough the TemporaryForeign Worker ProgramIf you wish to retain foreign workers on atemporary basis, you may apply for a newLMIA and apply to extend their workpermits. If approved, foreign workerswould get a new validity date on theirwork permit as a temporary worker.Supporting the ForeignWorker in ObtainingPermanent ResidencyAs an Alberta certified tradesperson,foreign workers may apply to becomepermanent residents. There are twooptions to become a permanent residentfor skilled tradespersons: Alberta Immigrant Nominee Program(AINP) Express Entry (EE)Foreign workers can apply to theAINP or EE independently. You cansupport foreign workers by informingthem of these programs and providingthem with information. If you have aforeign employee that you would like toretain permanently, explore immigrationpathways early.TIPS: Apply for a new LMIA and anextension of the work permit well inadvance of the current work permitexpiry date. When applying for a new LMIA, youmust prove that you are unable to findqualified Canadians before hiring aforeign worker. This includes proof ofrecruitment efforts. A foreign worker may not geta work permit extension if they failthe Qualification CertificateProgram exam(s).15For more information onimmigration options, manent-immigration.

mark is 70 per cent for each exam. The foreign worker has two attempts to pass the exam(s). If the applicant is not successful after two exam attempts, AIT will cancel their application. A foreign worker in Alberta must obtain certification within 12 months of arriving in Alberta, or within 12 months of submitting the application