the CanadaVisa Team - 22 July, 2015
To obtain permission to hire a foreign worker, Canadian employers must satisfy Employment and Social Development Canada (ESDC) that they have first undertaken sufficient efforts to hire Canadian citizens or Permanent Residents. An important element of this recruitment is the minimum advertisement requirement for the position.
ESDC's role is to ensure that Canadian residents have first access to Canadian jobs.
However, given that there have been chronic labour shortages in recent years in various industries across the country, ESDC has been altering its criteria for Canadian employers to ensure that they have access to the skilled labour that they need in order to maintain and grow their businesses.
As of January 1, 2009, ESDC regulations require that all occupations be subject to the same minimum advertisement requirements based on the National Occupational Classification (NOC) system.
As a general rule, the more complex the position for which a foreign worker is being hired, the less advertisement is required.
Canadian employers who wish to hire foreign workers for positions in management or in occupations that generally require a university degree (positions listed in NOC A or 0) must advertise the position on the national job bank for at least 14 days or conduct similar recruitment activities in line with occupational standards.
To hire foreign workers for positions which usually require a college education or an apprenticeship training (NOC B), Canadian employers are required to advertise the position on the national job bank for at least 14 days - they cannot substitute this for other recruitment activities. Additionally, the employer must disclose the wages being offered along with the employer name and address.
If hiring for occupations that require high-school education or specific occupation training (NOC C or D), Canadian employers are required to advertise the position on the national job bank for at least 14 days and conduct similar recruitment activities consistent with occupational standards. Employers must also demonstrate ongoing recruitment efforts in Canadian communities, which often face barriers to employment (for example, older workers or disadvantaged groups).
For all categories, advertising must have been carried out no more than three months before the employer seeks permission to hire a foreign worker.
