2009 Annual Magazine - Manitoba Heavy Construction Association

Another route for hiring overseas workers is via the Employer Direct Stream of theManitoba Provincial Nominee Program (MPNP). Employers first apply for preapprovalof the job offer. Once approved, details regarding the selected applicant(s)are submitted for nomination purposes. Following nomination, candidates apply forpermanent residency at the responsible overseas embassy and may also be eligiblefor a work permit without the usual LMO requirement. The MPNP also allows foreignworkers employed in Manitoba to apply for permanent residency after 6 months ofwork experience.The primary grounds for rejecting an LMO application is failure to offer prevailingwages and/or to adhere strictly to the stated advertising requirements. Advice shouldbe sought from Service Canada where there is any uncertainty about these requirements.The MPNP is also very strict about advertising guidelines and they will reject applications that do not comply.It is also critical that a settlement plan be created for the newly arrived recruits. Issues such as securing suitable accommodations,arranging for social insurance and Manitoba Health registrations, opening a bank account, driver licensing, andmany other initial requirements can be easy to underestimate. It is critical for employee morale and retention to dedicatesufficient resources to these introductory tasks.Companies may wish to consider hiring a professional international recruiter to take care of the complex and time consumingnature of the hiring and settlement process. Employers need to be wary of recruiters who charge minimal fees; they arevery possibly charging fees to the worker, which is illegal. The range of services provided by recruiters also varies widely,so it is important to understand what is included in the fee when comparing price points.The Manitoba government is enacting legislation to better regulate the foreign recruitment industry, including requiring allthird-party recruiters to be licensed by the province and be members in good standing of a law society in Canada or theCanadian Society of Immigration Consultants. Larger penalties will also be imposed for violating the prohibition againstcharging workers recruitment fees. As well, the Canadian government guards against illegal practices and foreign workersare routinely questioned by immigration agents about whether they have paid a recruitment fee and a work permit can bedenied on that basis.While mechanisms exist to facilitate hiring foreign workers, additional measures would assist employers desperate to meettheir staffing requirements. Hiring foreign workers for seasonal employment remains a challenge as new LMO and work permitapplications must be resubmitted each year, even where the identity of the workers does not change. As well, the MPNPEmployer Direct program does not approveapplications for seasonal employment.As both the TFW and MPNP Employer Directprograms are employer driven, I would invitemembers of the Manitoba heavy constructionindustry to seek changes to these programsto better accommodate seasonal work. TheMHCA recently called upon the MPNP topermit the sponsorship of foreign workers forseasonal employment where earnings meeta reasonable annual threshold.The federal government should also moveforward on recommendations to establish aspecial program for seasonal constructionworkers.Fortunately our provincial and federal governmentsappear willing to continue makingimprovements to these programs in recognitionthat sponsoring foreign workers representsthe most viable solution for manycompanies facing skill shortages. We can allplay a role in ensuring that the needs of theManitoba heavy construction industry arenot forgotten in this process.Stacey Belding is an immigration lawyer &the Managing Director of jobCan Inc., aninternational recruitment company inWinnipeg.GROUNDBREAKINGPower, reliability and responsibility.Formerly ConecoCalgary Campbell River Chetwynd Cranbrook Edmonton Fort McMurray Fort St. John Grande Prairie High LevelHouston Kamloops Prince George Red Deer Regina Saskatoon Surrey Thunder Bay Williams Lake Winnipeg YellowknifeThe Manitoba governmentis enacting legislation tobetter regulate the foreignrecruitment industry,requiring all third-partyrecruiters to be licensedby the provinceThe Komatsu PC300LC-8 is an excavator with a bucket full of features. Speed,extended reach, capacity and brute force may be its table stakes, but thismachine is fully loaded with extras to make the work day efficient. 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