Occupational Classification (NOC). The
NOC is a classification system set up by
Human Resources and Skills Development
Canada (HRSDC), to provide standardized
language for describing the work performed
by Canadians in the Canadian labour
market.
Under the LMO process, employers must
meet very specific advertising and recruit-ment
requirements before they are able to
hire a foreign national. The employer must
conduct recruitment activities consistent
with the practices within the occupation un-til
an LMO has been issued. If the duration
of employment is less than six months, there
may not be a need to advertise. However, if
the duration of employment is more than
six months, employers must recruit for the
position following very specific recruitment
guidelines that include advertising for one
month even before they are able to apply for
the work permit. Applications are assessed
by examining the employer’s past compli-ance
with employment and recruitment
laws, whether the employer can reasonably
meet the terms of the job offer, whether the
employer is “actively engaged” in the business,
IF THE FOREIGN NATIONAL DOES
NOT QUALIFY FOR BUSINESS
VISITOR STATUS, THEN HE/SHE
MUST OBTAIN A WORK PERMIT.
whether the job offer is congruent with the
employer’s reasonable employment needs
and is consistent with the type of business
the employer is engaged in and, of course,
whether there is shortage in the Canadian
labour market for this type of position.
The answers to the two questions posed
earlier are:
1. Yes, you might need to go the trouble of
getting a work permit.
immigration
2. It can take very little time if the foreign
national can be processed at the port of
entry and much longer if an LMO is
required and even longer if consular pro-cessing
is required.
The third question is, inevitably, how
do we keep the foreign national in Canada
permanently? ■
Evan Green is a partner at Green and Spiegel
LLP in Toronto. Photo by Jupiterimages / Photos.com
HRPATODAY.CA ❚ MARCH/APRIL 2014 ❚ 33