06-07-11
Ontario exists as the top destination for newcomers to Canada; half of all new immigrants to Canada choose to make Ontario their home. Ontario currently boasts an extremely diverse population of over 12 million people that speak over 130 languages. While a large number of newcomers choose to land in Ontario, as federally selected immigrants, an increasing number are using Ontario’s Provincial Nomination Program.
Opportunities Ontario was created by the Ontario government to help employers in their pursuit of global talent. The program effectively allows employers to better recruit well qualified foreign nationals to fill permanent, full time positions in Ontario. The eligible foreign nationals, who receive an approved job offer from an Ontario based employer can then apply for a Provincial Nomination Certificate. Individuals that have a Provincial Nomination Certificate are themselves eligible for a Canadian temporary work permit. With this work permit individuals can start their job in Ontario while they await the processing of their Permanent Residence application, filed with the Canadian government. The Opportunities
Ontario program stands to greatly benefit both Ontario employers and well qualified foreign workers.
Please find below a number of frequently asked questions:
Q: Is the Ontario employer required to undergo recruitment efforts?
A: The Ontario employer is responsible for demonstrating that the position offered will not have an effect on an existing labour dispute or adversely affect employment or training opportunities for Permanent Residents of Ontario or other Canadian citizens. If the Ontario employer is unable to demonstrate that the position will have no such effect then the application will be refused. The simplest and most effective way to demonstrate that there will be no impact on any labour disputes or employment opportunities is to make recruitment efforts.
Q: Are there any situations where recruitment efforts will not be required?
A: If the potential employee is already working in Canada, for the employer on an LMO based Work Permit, no recruitment efforts will be required. As well if the employer can demonstrate that the employee possesses specialized knowledge or relevant managerial experience, they will be provided with an opportunity to explain why no recruitment efforts were undertaken.
Q: What is the employer required to demonstrate in the recruitment efforts?
A: The employer is responsible for explaining what specific recruitment efforts were made and what the results were. The employers is not required to conduct any specific recruitment activities, however they will be required to do what is reasonable. This means the employer should undertake recruitment efforts that are consistent with the norms of the particular industry they are engaged in. This will likely include advertising the position on the Government Job Bank, recognized internet jobs sites, or newspapers. Recruitment efforts conducted in the year preceding the application will be considered.
Q: The potential employee is already working in Canada for the employer on a Work Permit based on a Labour Market Opinion, are recruitment efforts necessary?
A: No recruitment efforts will be required. If the employee is already working for the employer on an Open Work Permit, this will be taken into account when determining what recruiting efforts are required.
Q: The potential employee is already working in Canada on a Post-Graduation Work Permit, are recruitment efforts necessary?
A: If the potential employee is in possession of a valid Post-Graduation Work Permit and is applying under the International Student with Job Offer Stream, then the specific recruitment requirements will be relaxed.
Q: The potential employee is already working in Canada on a Work Permit issued under SWAP/Working Holiday/International Experience Canada, are recruitment efforts necessary?
A: if the potential employee has any of the above work permits obtained without a Labour Market Opinion then recruitment efforts will be required.
Q: Does the average salary indicated for a position on the Labour Market Information (LMI) website meet the prevailing wage requirement?
A: Yes, Opportunities Ontario will use the average wage on the LMI website in determining what the prevailing wage is.
Q: How can the employer or applicant know when the cap levels have been reached?
A: The cap for applicants is currently set at 1000. In 2010, 836 nominations were received. When the cap has been reached the Opportunities Ontario website will indicate so on their website.
Q: Are there any ways to expedite the process?
A: Employers or nominees are entitled to make a request that their applications be processed in an expedited manner due to extenuating circumstances. However there are no guarantees that such requests will be granted.
For more information about immigrating to Canada, contact FWCanada – Canadian Immigration Law Firm
