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Service Canada - Job Offer Confirmation (Labour Market Opinion)

Service Canada (previously Human Resources and Skills Development Canada) is a government organization which, among other tasks, works in conjunction with Citizenship and Immigration Canada to evaluate the admissibility of foreign workers. Evaluations of foreign worker applications are based on a process of rendering an opinion about the potential impact of the employment of a non-Canadian on the local labor market. In cases in which a negative labour market impact is expected, Service Canada would typically render a negative opinion. If a potentially neutral or positive labour market impact can be demonstrated, then they may issue a favourable opinion, or Confirmation, which would typically allow for the issuance of a Canadian work permit as long as the candidate has the qualifications to perform the work and is otherwise considered eligible to enter Canada as a visitor.

The Confirmation application process is generally conducted between the prospective employer and a local Service Canada office responsible for the jurisdiction of that company. Local labour market conditions are considered, such that an application which may be evaluated favourably in one location in Canada may be considered ineligible in another location.

Employers may be required to demonstrate that a significant effort had been made to hire a Canadian for the position being applied for, but there are alternative means of satisfying eligibility requirements. Depending on the nature of the position, other support for the case may include evidence of local labour union support for the hiring of a foreign worker, existing shortages of available Canadian workers, potential retention or creation of employment as a result of approval of a foreign worker. In all cases, Service Canada will assess the consistency of the conditions of the proposed position and comparable positions in the Canadian labour market.

Alberta and British Columbia also have an Expedited Labour Market Opinion (E-LMO) application process. For certain occupations in which recognized shortages are critical, the government is able to expedite the approval of cases for eligible empoyers. The process is completed electronically in order to facilitate the expedition of a decision.

Exemptions exist by which confirmation may not be required for applicants in certain conditions. This may include exemptions due to international treaties such as GATS, NAFTA or the CCFTA; business visitors to Canada; exemptions based on significant benefit to Canada; or blanket confirmations such as Facilitated Processing of Information Technology Workers or programs for live-in-caregivers in Canada.

 

 

 

 

 

 

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