2013

Yukon Temporary Foreign Worker Annex Pilot Projects – Labour Market Opinion-Exempt Work Permits for Occupations Destined to the Oil, Gas, Mineral Exploration and Mining Industry or the Tourism/Hospitality Industry

Colin R. Singer
May 9, 2014

Operational Bulletin 539 – August 06, 2013

Purpose

The Government initiates and implements various pilot projects under Annex-B – Temporary Foreign Worker (TFW) of the Agreement for Canada-Yukon Cooperation on Immigration. These pilot projects provide Yukon with mechanisms to facilitate the entry of TFWs into its territory. These TFWs help Yukon meet its economic priorities and labour market objectives. This Operational Bulletin (OB) guides officers about these pilot projects.

Rationale

The Government designed the Yukon TFW Annex pilot projects. It aimed to help employers in industries of a seasonal nature. The Government designed these pilots to help employers attract qualified individuals. The Government believed that the influx of qualified individuals would help in overcoming the shortages of skilled workers in this territory. The Government also believed that the influx of qualified individuals would have another benefit. They felt that it would help create opportunities for all Yukon residents.

Background

In May 2008, Canada and Yukon signed the TFW annex. This annex was part of the Agreement for Canada-Yukon Cooperation on Immigration. According to the terms of this annex, Canada and Yukon agreed to the following clauses:

3.4: The objective of this Annex is to allow Canada and Yukon to better work together to meet the particular needs and circumstances of Yukon’s employers, labour market, and economy with respect to the role played by the entry of foreign workers to the Territory to work on a temporary basis. In better addressing the needs of Yukon’s employers, Canada and Yukon recognize the unique situation of TFWs in the labour market, and are committed to protecting their rights.
7.3: The Working Group referred to in section 9.1 will work toward developing a process to allow entry of TFWs for major infrastructure projects in a manner that does not negatively affect the normal functioning of local or national labour markets. Examples of the types of projects that may need TFWs include the potential Alaska Highway Gas Pipeline, mineral exploration, and the start-up and operation of new mines in Yukon.
7.4: The Working Group referred to in section 9.1 will develop a streamlined process to assist those employers who have a requirement to hire TFWs to support the seasonal nature of Yukon’s tourism and hospitality industry in a manner that does not negatively affect the normal functioning of local or national labour markets.

Pilots

The following Yukon TFW Annex pilots commenced effective August 01, 2013:

Labour Market Opinion-exempt Work Permits for Occupations in the Oil, Gas, Mineral Exploration and Mining Industries in Yukon and,
Labour Market Opinion-exempt Work Permits for Occupations in the Tourism or Hospitality Industry in Yukon

The above-mentioned pilots formed the Yukon Temporary Foreign Worker Program (YTFWP). Yukon Education and the Yukon Worker’s Compensation Health and Safety Board (YWCHSB) would jointly co-administer the YTFWP. The pilots are industry-specific. The Government designed these pilots to help employers attract qualified individuals. The Government believed that the influx of qualified individuals would help in overcoming the shortages of skilled workers in this territory. The Government also believed that the influx of qualified individuals would have another benefit. They felt that it would help create opportunities for all Yukon residents.

The Territory of Yukon would take steps to verify the eligibility of the employer. They would conduct this under either of the two categories. The Territory of Yukon would issue a letter of support to the TFW. However, it would only do this once it is satisfied with the results of the verification.

The details of the two pilots are:

Labour Market Opinion-exempt Work Permits for Occupations in the Oil, Gas, Mineral Exploration and Mining Industries in Yukon

Offers positions for workers:

At mines and mineral exploration sites and,
In the service and supply sector of this industry

Labour Market Opinion-exempt Work Permits for Occupations in the Tourism or Hospitality Industry in Yukon

Offers positions that would vary across sectors
Tourism and Hospitality in Yukon would include (but not remain confined to) businesses like:

Tour operators
Overnight accommodations
Dining establishments
Seasonal tourist attractions and,
Tourist transportation

Pilot Parameters

These pilot projects would initially run for a duration of one year. This duration would be from August 01, 2013 to July 31, 2014. The program would require active monitoring and evaluation. This would be the responsibility of the:

Government of Yukon and,
The Canada-Yukon Working Group on Temporary Foreign Workers

These evaluations of these organisations would enable them to assess:

The effectiveness of the implementation of the program
The efficiency of the implementation of the program and,
The overall impact on Yukon’s labour market

Employer Eligibility

Yukon employers can participate in these pilot projects if they so desire. This is especially the case for Yukon employers in the:

Oil, Gas, Mineral Exploration and Mining Industry or the,
Tourism / Hospitality Industry

In order to participate in these pilot projects, these Yukon employers would need to apply with the Yukon Government.

Yukon employers and TFWs would need to visit the Government of Yukon website. This website carries further information on how they could apply and qualify for the YKFWP. In order to qualify for the YTFWP, Yukon employers must:

Be registered and operational in Yukon as a:

Business
Industry Association or Municipal
First Nation or,
Territorial Government

Demonstrate that they cannot find qualified Canadians or permanent residents to fill the vacant positions, to the Yukon Government
Be a small-or-medium-sized company in:

The Tourism or Hospitality industry or,
The Oil, Gas, Mineral Exploration and Mining Industry and,
Be hiring for short-term employment of not less than two (2) and not more than twelve (12) months

Note:

Employers seeking TFWs in the oil, gas, mineral exploration, mining industry and tourism or hospitality industry do not need to participate in these pilot projects
However, they could hire TFWs instead under the Labour Market Opinion (LMO) process

Temporary Foreign Worker Eligibility

Yukon employers could offer temporary foreign workers with seasonal job offers. TFWs, having these seasonal job offers, would need to visit the Government of Yukon website. There they would be able to obtain further information on how they could apply and qualify for the YKFWP.

The Yukon Government would assess that the TFW is eligible. For this, they would check whether the TFWs:

Have the required certification or accreditation for the specific trade or occupation (if applicable)
Are licensed or accepted by the territorial body governing the occupation or trade (if applicable) and,
Can demonstrate their ability to communicate in either English or French at a suitable degree of fluency as required in the work environment

This would depend on the official language at the place of work
It could also include transcripts from educational institutions confirming:

The completion of English or French courses or,
The use of English or French previously at the workplace

The Procedure for Work Permit Issuance

Officers would issue work permits based on the process given below.

Applicants could apply for Work Permits (WP) under these pilot projects:

At a visa office abroad
By mail inland
At a port of entry, if eligible or,
Online to the Case Processing Centre in Vegreville

The Citizenship and Immigration Canada website carries further instructions about how applicants could apply for a Work Permit
The Citizenship and Immigration Canada website carries further instructions and eligibility criteria for spouses or working-age dependents of principal applicants wanting to work in Canada, based on which the spouses or working-age dependents could apply for a Work Permit
TFWs would need to apply to Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency to obtain authorisation for working in the Yukon under the YTFWP
In order to obtain authorisation from the CIC or the Canada Border Services Agency, TFWs would need to include the following documents with their applications or requests:

The job offer from the employer and,
The Yukon Government letter of support from the Advanced Education Branch indicating:

The Government’s approval of the TFW’s participation in the YTFWP and,
Their recommendation for issuance of an LMO-exempt Work Permit

Officers could issue an employer-specific, occupation-specific Work Permit to the eligible applicants once the officers receive applications without requiring an LMO from Service Canada (this is in accordance with R204(c), LMO exemption code T13)
Officers could issue these work permits for the duration specified in the job offer, subject to a maximum duration of 12 months
Applicants would need to meet all other admissibility requirements to obtain a Work Permit for these pilots. This includes the cumulative duration requirements (of a maximum duration of four years) if applicable (according to OB 523)
The YTFWP would assess requests for extensions to Work Permits on a case-by-case basis
Therefore, applicants who submit applications for an extension inland, would need to include a new letter of support from the Yukon Government
Eligible TFWs could access Permanent Residency:

By being nominated under the Yukon Nominee Program or,
Through the Canadian Experience Class stream

System Instructions for Officers

Officers would need to make certain entries in the system. Therefore, they would need to adhere to the following instructions.

They would enter ‘T13’ in the LMO Exemption Code field

This is in accordance with R204(c) of the Immigration and Refugee Protection Regulations, which state: “an agreement entered into by the Minister with a province or group of provinces under subsection 8(1) of the Act.”