Clarifying the Responsibilities of Service Canada, Citizenship and Immigration Canada and the Canada Border Services Agency in regard to Assessing a Temporary Foreign Worker’s Eligibility to Work in Alberta in a Compulsory Certification Trade Position

Operational Bulletin 434 – July 09, 2012

Clarifying the Responsibilities of Service Canada, Citizenship and Immigration Canada and the Canada Border Services Agency in regard to Assessing a Temporary Foreign Worker’s Eligibility to Work in Alberta in a Compulsory Certification Trade Position

Summary

This Operational Bulletin (OB) provides information about the manner in which officers would need to:

• Assess a Temporary Foreign Worker’s (TFW’s) eligibility to work in the province of Alberta, in
• A designated compulsory certification trade for,
• The purpose of issuing a Work Permit (WP) AND,
• Reaffirm the sole responsibility of Citizenship and Immigration Canada (CIC) in this matter (with effect from August 01, 2012)

This OB provides information based on the operational practices followed by:

• Citizenship and Immigration Canada (CIC) and,
• Service Canada

Background

The industry of Alberta bears the responsibility for the training and certification standards of tradespersons working in Alberta. This is in accordance with the guidelines prescribed by the Alberta Apprenticeship and Industry Training (AAIT). The Alberta Apprenticeship and Industry Training (AAIT) evaluates and tests out-of-country tradespersons destined to work in the province for:

• Maintaining the industry standards prevailing in Alberta and,
• Promoting workplace safety

Temporary Foreign Workers (TFWs), who want to work in a compulsory certification trade in Alberta, must be certified journeypersons holding one of the following:

• A valid Alberta Qualification Certificate
• A valid Canadian provincial or territorial trade certificate recognised by Alberta (refer to the notes beneath this section)
• An authorisation letter from the Alberta Apprenticeship and Industry Training (AAIT) that enables a requesting employer to recruit Temporary Foreign Workers (TFWs) in specified occupations for specialty work. This would usually be for shorter periods. The Temporary Foreign Workers (TFWs) would need to obtain this authorisation before coming to Canada.
• An approved application obtained from the AAIT for the Alberta Qualification Certificate Program (QCP). Officers also refer to this as an AAIT QCP approval letter. TFWs would need to obtain this letter prior to coming to Canada. This is valid in situations where an authorisation letter from the Alberta Apprenticeship and Industry Training (AAIT) does not apply.

All Temporary Foreign Workers (TFWs) with approved Qualification Certificate Program (QCP) applications are eligible for working in Alberta. However, they would need to have a certified journeyperson supervising them.

The Qualification Certificate Program (QCP) application approval letter is valid for a period of up to one year. Upon arriving in Canada, the TFW has up to 12 months for challenging the Qualification Certificate Program (QCP) exams. Once the Temporary Foreign Workers (TFWs) meet all the industry trade requirements, they would receive an Alberta Qualification Certificate. The Temporary Foreign Workers (TFWs) would also need to clear all the required trade examinations, before receiving the Alberta Qualification Certificate.

Note:

• Temporary Foreign Workers (TFWs) that have a Certificate of Qualification from any Canadian province or territory other than Alberta, would be eligible to work in Alberta
• This is valid whether they have the Interprovincial Red Seal endorsement or not
• They would not need to apply for and/or acquire an Alberta Qualification Certificate
• The trade certificate must be recognised in the Province of Alberta
• The Alberta Apprenticeship and Industry Training (AAIT) has agreed to accept the Certificate of Completion of Apprenticeship, issued by the USA International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers for tradespersons from the USA, who want to come to Alberta and work in the Ironworker trade, without these individuals having to complete:
• An application and,
• An assessment of their work experience in the trade
• The trade names that might appear on these certificates includes:
• Ironworker
• Ironworker – Structural / Ornamental
• Ironworker – Reinforcing
• CIC would need to accept this certificate as an Alberta Apprenticeship and Industry Training (AAIT) approval that authorises these applicants to work in the Ironworker trade in Alberta and its craft areas

The Current Status

People refer to the erstwhile Human Resources and Skills Development Canada as Employment and Social Development Canada (ESDC) currently. Previously, ESDC and SC wanted every Alberta employer, desiring to hire a foreign skilled tradesperson, to include:

• The applicable Alberta Apprenticeship and Industry Training (AAIT) document including:
• The Alberta Apprenticeship and Industry Training (AAIT) short-term authorisation letter
• A valid Alberta Qualification Certificate
• A valid Canadian provincial or territorial trade certificate recognised by Alberta
• An approved application obtained from the Alberta Apprenticeship and Industry Training (AAIT) for the Alberta Qualification Certificate Program (QCP)

Up until now, applicants needed to include the appropriate documents listed above, with each Labour Market Opinion (LMO) request.

They did not use any positive named Labour Market Opinion (LMO) without the evidence of:

• The Certificate
• The Authorisation Letter or,
• The Alberta Apprenticeship and Industry Training (AAIT) Approval Letter

Currently, CIC and Canada Border Services Agency (CBSA) officers issue work permits solely based on the Service Canada Labour Market Opinion (LMO). They do not consider the Alberta Apprenticeship and Industry Training (AAIT) letters at all.

The Reaffirmation of the Sole Responsibility of Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA) in the Matter of Temporary Foreign Worker (TFW) Qualifications

The Human Resources and Skills Development Canada (HRSDC) reviewed the Immigration and Refugee Protection Regulations (IRPR). They also reviewed the Temporary Foreign Worker Program (TFWP). They ruled that henceforth, the CIC and Canada Border Services Agency (CBSA) officers would need to hold the responsibility of assessing the Temporary Foreign Workers (TFWs) qualifications or certifications. This was in accordance with IRPR 203.

The CIC and Canada Border Services Agency (CBSA) officers would now have the sole responsibility of:

• Determining whether the Temporary Foreign Workers (TFWs) have the ability to perform the work offered by the employers
• Verifying that the Alberta Apprenticeship and Industry Training (AAIT) has assessed the Temporary Foreign Workers (TFWs)
• Verifying that the Alberta Apprenticeship and Industry Training (AAIT) has issued the relevant letter and/or proper certification to the Temporary Foreign Workers (TFWs)  for entering Canada to work in a compulsory trade in Alberta

Therefore, the CIC and Canada Border Services Agency (CBSA) would need to begin operating under this guidance. Officers of the CIC and Canada Border Services Agency (CBSA) can refuse a work permit request. However, this would usually be in cases where the employers or the workers have not obtained the requisite approvals or certificates.

Officers of the CIC and Canada Border Services Agency (CBSA) would begin discharging their revised responsibilities with effect from August 01, 2012.

The Information to be Included in the Labour Market Opinion (LMO)

As of August 01, 2012, Services Canada (SC) will issue a Labour Market Opinion (LMO) without any reference to:

• A trade certificate
• An authorisation letter or,
• An approval letter issued by the Alberta Apprenticeship and Industry Training (AAIT)

However, Services Canada (SC) directs the employer to the Alberta Apprenticeship and Industry Training (AAIT) website for further information. It also describes the various types of documents the Temporary Foreign Workers (TFWs) must possess, based on the Temporary Foreign Workers’ (TFWs’) circumstances.

Services Canada (SC) officers would need to include notes in:

• The Human Resources and Skills Development Canada’s (HRSDC’s) Labour Market Opinion (LMO) letter and,
• The Foreign Worker System (FWS)

This is to inform CIC and Canada Border Services Agency (CBSA) officers that the foreign national must have the appropriate trade certificate or document from Alberta Apprenticeship and Industry Training (AAIT). This document would indicate (if required), that:

• The Alberta Apprenticeship and Industry Training (AAIT) assessed the TFW’s qualifications and,
• The Alberta Apprenticeship and Industry Training (AAIT) is satisfied that the foreign national has the work experience required under the Qualification Certificate Program to work in the trade even while preparing to challenge the journeyperson exams

The text listed in the Services Canada (SC) Labour Market Opinion (LMO) letter and the Foreign Worker System (FWS) note to CIC and Canada Border Services Agency (CBSA) officers would read:

“For skilled trade positions with compulsory certification in Alberta, the TFW must be in possession of an Alberta Apprenticeship and Industry Training (AAIT) letter indicating that he/she is:

(1) Permitted to work in the province for a specified period of time, or

(2) Qualified to work in the province for a specified period of time prior to taking the trade certification exam(s), or

(3) The TFW must be in possession of the relevant trade certificate.

If the TFW has not obtained either the relevant AAIT letter or a trade certificate, CIC/CBSA will not issue a WP. Otherwise, a WP will be issued with the duration based on the validity specified in the AAIT authorization letter (generally up to 90 days for any TFW) or QCP approval letter (12 months for TFWs who are uncertified at the time of arrival and 24 months for TFWs who are certified at the time of arrival).

ADDITIONAL NOTE FOR FWS: Generally speaking, SC will not be aware of the TFW’s certification status, and thus an LMO for a compulsory trade position may be issued with an employment duration of 24 months. However, when issuing the WP, the CIC/CBSA officer must do so with primary reference to whether the TFW is trade certified (therefore eligible to receive a 24 month WP), or possesses an AAIT letter (therefore eligible to receive a WP adhering to the AAIT letter’s validity period).

A new LMO will be required to support a WP extension application.”

Officers would continue to issue Labour Market Opinions (LMOs) with a 6-month expiry date. This is in accordance with the existing procedures. The 6-month expiry date refers to the date by which the Temporary Foreign Workers (TFWs) would need to submit the work permit applications to the CIC or to the Canada Border Services Agency (CBSA).

The Instructions on Issuing Work Permits to Temporary Foreign Workers (TFWs) According to Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA)  

For issuing work permits to the Temporary Foreign Workers (TFWs), the officers of the CIC and Canada Border Services Agency (CBSA) would need the following documents:

• A positive Labour Market Opinion (LMO) letter
• A copy of the relevant trade certificate or,
• A letter issued by the Alberta Apprenticeship and Industry Training (AAIT) [for compulsory trades only]

The employee and the worker bear the responsibility for obtaining the relevant Alberta Apprenticeship and Industry Training (AAIT) letter or trade certificate. Once they obtain this, they need to include it with the work permit application.

Note:

• Temporary Foreign Workers (TFWs) that have a Certificate of Qualification from any Canadian province or territory other than Alberta, would be eligible to work in Alberta
• This is valid whether they have the Interprovincial Red Seal endorsement or not
• They would not need to apply for and/or acquire an Alberta Qualification Certificate
• The trade certificate must be recognised in the Province of Alberta
• The Alberta Apprenticeship and Industry Training (AAIT) has agreed to accept the Certificate of Completion of Apprenticeship, issued by the USA International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers for tradespersons from the USA, who want to come to Alberta and work in the Ironworker trade, without these individuals having to complete:
• An application and,
• An assessment of their work experience in the trade
• The trade names that might appear on these certificates includes:
• Ironworker
• Ironworker – Structural / Ornamental
• Ironworker – Reinforcing
• CIC would need to accept this certificate as an Alberta Apprenticeship and Industry Training (AAIT) approval that authorises these applicants to work in the Ironworker trade in Alberta and its craft areas

The Alberta Apprenticeship and Industry Training (AAIT)’s Qualification Certificate Program (QCP) for Temporary Foreign Workers (TFWs) Requiring Certification

The Alberta Apprenticeship and Industry Training (AAIT) would issue an Alberta Apprenticeship and Industry Training (AAIT) Qualification Certificate Program approval letter. They would issue this letter to all foreign nationals and their employers. The letter would inform the foreign nationals and their employers that they would need to include this approval letter with their work permit applications, when they submit their work permit application:

• To a visa office
• Inland for an extension
• To the Canada Border Services Agency (CBSA) officers at a port of entry

Upon arrival in Alberta, the officers would authorise the foreign national to work at the employer’s site. The foreign nationals would need to challenge a theory and/or a practical exam before their work permit expires. Alberta requires foreign nationals to achieve trade certification. Therefore, foreign nationals would need to accomplish this within 12 months of their arrival in Canada.

CIC officers could issue an initial work permit for a 12-month duration. They could impose a condition that the applicant must include the Alberta Qualification Certificate along with the application for extension.

In case the Temporary Foreign Workers’ (TFWs’) work permits need an extension, officers would require the employer to obtain a new Labour Market Opinion (LMO). This is applicable if:

• The Temporary Foreign Workers (TFWs) fail the certification examinations and,
• Alberta Apprenticeship and Industry Training (AAIT) permit the candidates to re-write the examinations

Officers can issue a new work permit only if the new application includes the new QCP approval letter. Usually, the International and Provincial Assessment Services Branch within the Alberta Apprenticeship and Industry Training (AAIT) issues this approval letter.

Employers could apply for a second Labour Market Opinion (LMO) and the Temporary Foreign Workers (TFWs) could apply for a work permit extension if:

• The Temporary Foreign Workers (TFWs) clear the certification exams and,
• Acquire the trade certificate

The employer and the Temporary Foreign Workers (TFWs) could apply for the second Labour Market Opinion (LMO) and the work permit extension respectively, prior to the expiry of their current work permit. This would enable them to cover the remaining duration of intended employment.

Situations could arise where the employer or foreign national do not respect the rules surrounding trade certification of temporary foreign workers in compulsory trades. This would be a gross violation of Alberta’s Apprenticeship and Industry Training Act.

Source: Citizenship and Immigration Canada (CIC)