Operational Bulletin 434-A – August 23, 2013
Note:
- Operational Bulletin (OB) 434-A replaces OB 434
- The revision made to OB 434 was the addition of two new documents to the list of documents mentioned in the “Background” section
- An applicant has the option of providing the two new documents at the time of requesting authorisation to work in Alberta
- OB 279-E carries further instructions for temporary foreign workers (TFWs) applying under the Alberta TFW Annex Occupation-Specific Pilot Program
Summary
Operational Bulletin 434 provided information on the operational practices used by:
- Citizenship and Immigration Canada (CIC) and,
- Service Canada (SC)
These practices aimed at issuing a work permit to the TFW. They also aimed at reaffirming the sole responsibility of the CIC in this matter, effective August 01, 2012. These practices helped in assessing a TFW’s eligibility to:
- Work in the province of Alberta
- In a designated compulsory certification trade
Background
According to the Alberta Apprenticeship and Industry Training (AAIT), Alberta industry bears the responsibility for tradespersons working in Alberta. This includes looking after their training and certification standards. The AAIT evaluates and tests out-of-country tradespersons destined to work in the province to:
- Promote workplace safety and,
- Maintain industry standards in Alberta
Therefore, TFWs wanting to work in a compulsory certification trade in Alberta need to be certified journeypersons. Further, they must have one of the following documents. These include:
- A valid Alberta Qualification Certificate
- A valid Canadian provincial or territorial trade certificate recognised by Alberta (refer to the notes beneath this section)
- A valid out of country trade certificate recognised as an equivalent by Alberta (refer to the List of Recognised Certificates in Alberta)
- A valid Alberta Equivalency Document
- An authorisation letter from AAIT that enables a requesting employer to recruit TFWs in specified occupations for specialty work. This would usually be for shorter periods. The TFW 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 AAIT does not apply.
All TFWs with approved QCP applications are eligible for working in Alberta. However, they would to have a certified journeyperson supervising them.
The 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 QCP exams. Once the TFW meets all industry trade requirements, he receives an Alberta Qualification Certificate. The TFW would also need to clear all the required trade examinations, before receiving the Alberta Qualification Certificate.
Note:
- 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 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 AAIT document including:
- A valid Alberta Qualification Certificate
- A valid Canadian provincial or territorial trade certificate recognised by Alberta (refer to the notes beneath this section)
- A valid out of country trade certificate recognised as an equivalent by Alberta (refer to the List of Recognised Certificates in Alberta)
- A valid Alberta Equivalency Document
- An authorisation letter from AAIT that enables a requesting employer to recruit TFWs in specified occupations for specialty work
- An approved application obtained from the AAIT for the Alberta Qualification Certificate Program (QCP)
- A Labour Market Opinion (LMO) request
They did not use any positive named LMO without the evidence of:
- The Certificate
- The Authorisation Letter or,
- The AAIT Approval Letter
Effective August 01, 2012, CIC and Canada Border Services Agency (CBSA) officers bear an additional responsibility. They need to ensure that TFWs present valid AAIT documents. Only after CIC and CBSA officers confirm the validity of these documents, would they issue the work permit to the TFW.
Reaffirming the Sole Responsibility of the CIC and CBSA in the Matter of TFW Qualifications
The government reviewed the Immigration and Refugee Protection Regulations (IRPR). They found that CIC and CBSA officers held the responsibility of assessing the TFW qualifications or certifications. This was in accordance with IRPR 203.
CIC and CBSA officers have the sole responsibility of:
- Determining whether the TFW has the ability to perform the work offered by the employer
- Verifying that the AAIT has assessed the TFW
- Verifying that the AAIT has issued the relevant letter and/or proper certification to the TFW for entering Canada to work in a compulsory trade in Alberta
Therefore, effective August 01, 2012, CIC and CBSA began operating under this guidance. Officers of CIC and CBSA can refuse a work permit request. However, this would usually be in cases where these the employer or the worker have not obtained the requisite approvals or certificates.
The Information to be Included in the LMO
As of August 01, 2012, SC issues an LMO without any reference to:
- A trade certificate
- An authorisation letter or,
- An approval letter issued by the AAIT
However, the SC directs the employer to the AAIT website for further information. It also describes the various types of documents the TFW must possess, based on the TFW’s circumstances.
SC officers would need to include notes in:
- The ESDC’s LMO letter and,
- The Foreign Worker System (FWS)
This is to inform CIC and CBSA officers that the foreign national must have the appropriate trade certificate or document from AAIT. This document would indicate (if required), that:
- The AAIT assessed the TFW’s qualifications and,
- The 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 SC LMO letter and the FWS note to CIC and 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 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 TFW would need to submit the work permit application to the CIC or the CBSA.
Instructions Issued by the CIC and the CBSA for Issuing Work Permits to TFWs
For issuing work permits to the TFW, the officers of CIC and CBSA would need the following documents:
- A positive LMO letter
- A copy of the relevant trade certificate or,
- A letter issued by the AAIT (for compulsory trades only)
The employee and the worker bear the responsibility for obtaining the relevant AAIT letter or trade certificate. Once they obtain this, they need to include it with the work permit application.
Note:
- The letter issued by the AAIT would indicate the circumstances under which the foreign worker is permitted to work in Alberta
- The letter issued by the AAIT is usually valid for compulsory trades only. Exceptions include certain optional trades when the TFW participates in the Alberta TFW Annex Occupation-Specific Pilot (OB 279-E)
The Alberta Apprenticeship and Industry Training (AAIT)’s Qualification Certificate Program (QCP) for TFWs Requiring Certification
The AAIT would issue an 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 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 TFW’s work permit needs an extension, officers would require the employer to obtain a new LMO. This is applicable if:
- The TFW fails the certification examinations and,
- AAIT permits the candidate 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 AAIT issues this approval letter.
Employers could apply for a second LMO and the TFW could apply for a work permit extension if:
- The TFW clears the certification exams and,
- Acquires the trade certificate
The employer and the TFW could apply for the second 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)
