Hiring TFW – Overview of Options
		Key Agencies and Their Roles
		TFW Program Pilot Project for Low-Skilled TFW
			Questions to ask before hiring a Low Skilled TFW The TFW Program - An Overview of the Application Process Step-by-Step Guide for the Application Process Applying for a Social Insurance Number (SIN)
		Third-Party Recruiters/Immigration Representatives
		Foreign Worker Q & A
		Updates on the TFW Program
		TFW Program for Skilled Occupations

Questions to Ask Before Hiring a Low-Skilled TFW

In July 2002, Human Resources Development Canada (HRSDC) launched the Pilot Project for National Occupations Classes (NOC) C&D Occupations (Low Skilled) to respond to labour shortages in occupations requiring lower levels of formal training. Occupations, or NOC C&D Occupations, are defined as those that usually require, at most, a high-school diploma or a maximum of two years on the job training.

The pilot project, when first implemented, allowed for temporary foreign workers to stay in Ontario for a maximum of 12 months before they had to return to their country of residence. In February 2007, based on results of ongoing consultations with a variety of industry associations, including the pilot project review with employers, HRSDC decided to allow for the issuance of labour market opinions allowing temporary foreign workers to stay for up to 24 months.

A sample of some of the positions found under NOC C&D occupations are: cooks, retail sales persons and sales clerks, travel counselors, hotel front desk clerks, tour and travel guides, bartenders, food and beverage servers, food counter attendants, light duty cleaners (housekeeping attendants), operators and attendants in amusement, recreation and sport. For a more detailed listing of all positions classified under National Occupation Classes (NOC) Skill Levels C or D, please visit the HRSDC Occupational Descriptions website.

In order to apply to hire foreign workers under the Pilot Project for Occupations Requiring Lower Levels of Formal Training, there are specific guidelines and requirements that must be fulfilled with respect to HRSDC and Citizenship and Immigration Canada (CIC).

The following questions can aid employers as they consider hiring a temporary foreign worker (TFW) under this pilot program.

1. Have you made extensive and ongoing recruiting efforts to fill the positions with Canadian workers, including youth, Aboriginal persons, recent immigrants and Canadians in areas of high unemployment?
   
   
2. Are you able to prove that you have done this extensive recruiting (copies of ads, numbers of applications received, number of applicants interviewed, number of Canadians hired)?
   
   
3. Have you tried to hire unemployed Canadians through HRSDC and provincial employment programs? It is required that an employer has advertised on the National Job Bank (www.jobbank.gc.ca), a free, Service Canada job posting site, for a minimum of fourteen (14) days. 
   
   
4. Are you able to ensure the worker has suitable and affordable accommodation? This does not mean employers must provide onsite housing; employers must ensure that the worker(s) find suitable, affordable accommodation. Employers are able to recover costs if accommodation and meals are provided, however, there is a maximum amount employers can deduct each day/week for housing and meals supplied.  This amount is up to one-third of the foreign worker's weekly wages.
   
   
5. Are you able to pay full transportation costs for the foreign worker(s) to and from their home country? Employers must cover all recruitment and transportation costs, including return airfare. Employers cannot recover this cost.
   
   
6. Are you able to provide and pay for medical coverage until the worker is eligible for provincial health insurance coverage?  As an employer, you are responsible for medical coverage payments for the first three months, until the TFW is eligible for OHIP (unless the worker is in the country for 6 months or less - if that is the case, employers must provide medical coverage for the entire 6 months).
   
   
7. Will you register the worker under the appropriate provincial workers compensation and/or workplace safety insurance plans?
   
   
8. Are you willing to provide an employment contract? An employer must provide an employment contract indicating wages, hours of work, length of contract, etc. Also when an offer of employment is for longer than 12 months, the contract must state that at the end of the year a review will be made to ensure prevailing wage rates are being respected for the temporary foreign worker.
   
   
9. If the position you are wishing to recruit for is covered under a collective agreement, have you consulted with the local union?

If you answered yes to ALL of the questions, you are an employer with the ability to meet the provisions of the TFW Pilot Project.

NOTE: Under the pilot project, the government issues work permits to foreign workers for a maximum of 24 months.  Workers must leave for four months at the end of their work permit if they wish to return to Canada in the future.  

For example:
You operate a seasonal business, and have hired your Temporary Foreign Worker for only 8 months, as that is all you require. This individual must, at the end of the 8 months, return home for 4 months before you can apply for another LMO for their return. 

For complete details, visit the HRSDC website.

Contact us for more information.