May 15, 2013:
Earlier this month, Human Resources and Skills Development Canada (HRSDC) updated the minimum advertising requirements for NOC level ‘0’ (Executives/Managers) and ‘A’ (Professional) positions. These new requirements must now be followed for eligible labour market opinions (LMOs).
In order to meet the requirements, employers should conduct recruitment activities consistent with the respective profession. In order to meet these requirements, employers must now
- Advertise on recognized internet employment websites;
- On the website of a professional association; or
- In national newspapers, professional journals or newsletters.
As an alternative to these, employers can continue to advertise on the national Job Bank website or its provincial/territorial counterpart (British Columbia, Saskatchewan, Northwest Territories, or Newfoundland). Additionally, these advertisements must be kept posted for a minimum of 14 calendar days starting from the first day it appears and is accessible to the public and during the three month period prior to the application for a LMO.
It is the opinion of KPMG Law LLP that these changes aim to clarify which advertising vehicles are considered acceptable by HRSDC. As a result, advertising solely through vehicles such as an external company website or small local newspapers will likely be unacceptable. It should also be noted that these changes are not intended to prevent employers from using a recruitment firm for targeted recruiting, so long as it is consistent with the normal recruitment methods for the position and industry.
HRSDC is expected to take a more proactive approach in reviewing advertising efforts to maintain program integrity, and All Points recommends employers to implement an immigration compliance strategy and a long term strategy to address long term needs. It should also be reminded that the onus to demonstrate recruitment efforts to Canadian residents and provide supporting documentation falls on the employer, not HRSDC.
This Relo-lert is intended for informational use only. If you have any questions regarding the impact of this information on your organization, please contact All Points Relocation at [email protected].