HRSDC Confirmations

Human Resources and Skills Development Canada Job Offer Confirmations

Generally, Canadian employers of foreign workers must have the position they wish to fill approved and confirmed by Human Resources and Skills Development Canada (HRSDC) before the applicant worker can apply for a work permit from Citizenship and Immigration Canada (CIC).

HRSDC will first verify the existence of the job in question and then approve or reject the related employment offer by examining a number of factors. Generally, HRSDC will approve jobs that do not have a negative effect on the labour market in Canada.

Where granted, HRSDC confirmation is given to the employer and must be included in the employee’s work permit application to CIC.

For jobs in Quebec , additional approval and confirmation must be provided by the “Ministère des Relations avec les Citoyens et de l’Immigration du Québec (MRCIQ).”

Certain jobs and work categories do not require HRSDC confirmation. Whenever possible, the Canadian employer should seek an exemption from HRSDC approval as the HRSDC process may be lengthy and there is no assurance of success.

HRSDC Confirmation – What factors are considered?

The potential employer of a foreign worker must submit the application for a job offer confirmation. In rendering an opinion, HRSDC evaluators will consider the following factors:

1. Reasonable efforts to hire Canadians for the position - Employers are expected to have made Canadians aware of the position and considered them first for employment. Only when Canadians are unavailable, unqualified or cannot be trained for the position in a reasonable amount of time will HRSDC render a favorable opinion of the job offer.
2. Potential labour disputes - All relevant unions and professional associations must be consulted with respect to the potential employment of a foreign worker. A letter proving this must be attached to the application. Additionally, the employment of the foreign worker must not adversely affect the settlement of any labour dispute in progress or the employment of any person involved in that dispute.
3. Job creation – A position that is likely to help job creation or job retention for Canadian citizens or permanent residents will have more chances of being approved.
4. Transfer of skills - Workers who are likely to transfer skills and knowledge for the benefit of Canadians or permanent residents will be favored.
5. Labour shortage – Consideration will be given to whether the worker is likely to fill a labour shortage in the Canadian market because of shortage of skills or manpower.
6. Wages and working conditions - The wages and working conditions offered must be sufficient to attract Canadian citizens or permanent residents, and retain them in that work. Jobs offering less than adequate remuneration will not be approved.
   

Additional consideration may be given to the following factors:

• Why the foreign worker is needed. This is the most important point the employer must address; company profitability, the employee’s skills, and positive spill-over effects on Canadians will have to be discussed.
• Whether the employer has fired many people in the 12 months preceding the application. This may be proof that Canadians, rather than foreign workers, can be hired to fill this position.
• Whether the employment is regulated by an agency. In such a case, potential workers will need to be duly qualified.
• How the position was filled in the past. Only where there is a shortage of qualified Canadian workers will approval be granted. Additionally, employers must explain the relation of the position to be filled with other positions at the place pf employment.
• Whether the employer is planning to eventually train Canadians to fill the position concerned.

Positions in Quebec

To work in Quebec temporarily, it is generally necessary for an employer to obtain both HRSDC and “Ministère des Relations avec les Citoyens et de l’Immigration du Québec” (MRCIQ) approval and confirmation of the employment being offered to the foreign worker. Applications must be made to both agencies. Only when both have granted approval can an application for a work permit be obtained from Citizenship and Immigration Canada.

MRCIQ’s approval is known as a “Certificat d’Acceptation” (CAQ) and is based on similar factors than those considered by HRSDC. To render CAQ confirmations, consideration will also be given to the worker’s qualifications and ability to perform the tasks required by the offered job. CAQs are valid for up to 36 months.

Procedure:

• Employer sends description of job offer to HRSDC for confirmation.
• If in Quebec, employer also sends job offer description to the “Ministère des Relations avec les Citoyens et de l’Immigration du Québec” for additional provincial confirmation.
• If granted, copies of any confirmations are sent to potential employee.
• Potential employee attaches confirmation(s) to application for CIC work permit.