By Ronalee Carey, BA, JD
In the April edition of IPPSO FACTO, an article titled “Help wanted for the power sector” highlighted how the number of jobs in the electricity sector is expected to outstrip the number of skilled people available to fill the positions. The article cited estimates that 45,000 jobs will be open in the next couple of years across Canada, in both construction and in electricity sector positions. The shortage of workers is likely to get worse as baby boomers retire at increasing rates. The article further noted that “companies hoping to expand in the industry will need to think carefully about where their employees will come from.”
Largely in response to these kinds of assessments, the Canadian government has come out with a new program encouraging employers to consider hiring skilled workers from overseas. The power sector is in a prime position to take advantage of the initiative. Begun in January, the “Federal Skilled Trades Program,” is structured similarly to the Federal Skilled Worker Program, which has been traditionally used for higher skilled occupations such as in IT or health care. There were always some skilled trades positions on the list, but this new program expands greatly on the skilled trades occupations that qualify for the program.
Included in the list of eligible trades is NOC Code 9241, “Power engineers and power systems operators”, and Codes 7241-3 Electricians (including industrial and power systems). There are a total of 43 occupations on the list, including many in construction.
Here is a summary of the requirements of the program and how it works:
Experience Required:
To qualify for the program, an immigrant must have at least two years’ experience.
Additional Requirements:
Language skills: all applicants (even those from a country where English or French is the predominant language) must take a language test in reading, writing, speaking and listening. They must have Canadian Language Benchmark level “5” for speaking and listening and level “4” for reading and writing. This is a standardized testing system to evaluate language abilities. Levels 5 and 4 are “intermediate” levels – the levels go to 12.
• Not be “criminally inadmissible” (have a criminal record) or have a family member inadmissible for this reason.
• Not be “medically inadmissible” (have a health problem) or have a family member inadmissible for this reason
• Not plan to live in the province of Quebec. Quebec has its own program for selecting skilled immigrants.
• Have an offer of full-time employment for a total period of at least one year OR have a certificate of qualification in that skilled trade issued by a provincial or territorial body.
• Be able to support themselves and their family. The application requires that the worker disclose assets and liabilities, and the amount of “settlement funds” available. The amount required will vary based on family size. For a single person, it’s $11,115. For workers with an offer of employment, there is an exemption from the settlement fund requirement.
The officer from Citizenship and Immigration Canada must be convinced that the skilled worker will be capable of doing the work offered. If the job is regulated in Canada, the officer must also be convinced that the worker will likely qualify to be licensed or certified once in Canada.
There are some additional rules to consider. The employer can’t just offer a job. The offer of employment has to meet special requirements. The employer must first apply to Human Resources and Skills Development Canada for a positive “Labour Market Opinion” (LMO). This involves advertising the position to show that a Canadian is not available to fill the position. The advertisement must offer the “median wage” for the position. If the advertising efforts are unsuccessful, the employer may apply for the LMO. Numerous supporting documents must be provided to HRSDC, including business documentation (such as licenses, income tax information). The worker must be offered the “median wage.”
In addition, there is cap on the total number of applications. For certain occupations, the government is only accepting 100 applications. In other areas, there are no specified limits. They will accept no more than 3,000 applications for processing in the first year (from January 2, 2013 to January 1, 2014).
The timeframe for the immigration process is a common concern for both employees and employers. This depends on where the immigrant is coming from, as they must apply to the nearest Canadian visa office. Processing times vary according to the office. For example, the visa office in Lima, Peru is currently taking 12 months to process an application for the Federal Skilled Worker program. However, the visa office in Dakar, Senegal is currently taking 26 months.
Employers often ask if it is possible to have the worker start before their permanent residence application is processed. Unfortunately, getting an employee approved to work on a temporary basis is only possible after jumping through a lot of hoops. Employers wanting to hire a foreign worker temporarily must apply for a Labour Market Opinion, except in certain circumstances. The worker must apply for a temporary work visa, and, unless they are coming for less than six months from a country that does not require a visitor visa, a temporary resident permit. The temporary foreign worker program has been subject to a number of changes recently.
Without question, many employers will find the administrative requirements, plus the time required for the Labour Market Opinion application and the permanent residence application, a major impediment to hiring a foreign trained skilled worker. However, with a shortage of workers here at home, many companies will likely choose to work with the new program, and potentially over time, seek improvements.
The skilled worker program appears to be at least part of the solution to finding the estimated 45,000 positions in the power sector that need to be filled as required over the next few years. For more information, visit http://www.cic.gc.ca/english/immigrate/trades/index.asp.
Ronalee Carey is an immigration lawyer who practices in Ottawa. She can be reached at (613) 277-9401 or by email at