Address Issues in Foreign Worker Programs

• Processing Errors:  In Alberta, the Labour Market Opinion (LMO)
  must be approved before Service Canada will issue a Work Permit (WP).  Service Canada (S/C) agents from time to time have declined Labour Market Opinion applications in error and/or without justification.
• Lack of Appeal Mechanism:  With no appeal or review process, Service Canada is not accountable to the employer or TFW for any decisions.  If the LMO is declined the employer must reapply to S/C for LMO approval. This reduces the employer’s operating efficiency and profitability.
• Calculation of Prevailing Wage Rates:   Prevailing wage rates established by Service Canada are creating challenges for some businesses since the calculation is not industry specific and often fails to recognize local employment demographics.[2]   Service Canada may change the posted wage rate in the course of a day. Employers who unknowingly used a wage rate on their initial LMO application that has subsequently become outdated may have their application denied, in which case they must re-apply causing costly delays.
• National Occupation Classification (NOC Codes):  NOC codes are generic and do not adequately address the nature and location of the business.  Larger centres have greater access to pools of qualified labour. Employers in larger centres often have greater capacity to pay higher wages than those in smaller communities and remote rural locations. Many employers feel it is unrealistic to expect small rural business owners to compete with the multi-nationals under the current NOC code system.  Employers in smaller centres are disadvantaged because NOC codes do not adequately recognize and differentiate between skill level needs and regional demographics.  One example is found with grain farm equipment operators. Currently in Alberta there are no NOC codes for employers seeking to recruit grain farm operators under the TFW Program with pathways available to Permanent Residency. Grain farm equipment operators are considered high skilled. This limitation of the TFW Program puts Alberta grain farmers at a disadvantage to those in Saskatchewan and other provincial jurisdictions.
• Barriers to permanent residency transition: Many employers who utilize the TFW program require unskilled workers, making the program a good fit. Reports indicate that TFWs provide a stable, diligent workforce. Not surprisingly, these employers typically attempt to transition TFWs into permanent residents through the Alberta Immigrant Nominee Program (AINP).   In order to qualify for the AINP, the immigrant must have obtained three years of related experience before coming to Canada; experience obtained while in Canada on the TFW program does not qualify.

Consequently, the Red Deer Chamber of Commerce recommends
that the Government of Alberta:

1.  Review National Occupation Classification (NOC) Code processes in other provinces such as Saskatchewan and work with the Alberta office of Service Canada to adopt more flexible and responsive practices, mindful of rural, urban and regional labour market needs, particularly in those occupations where industries experience chronic shortages and perpetual challenges attracting and retaining Canadian workers, including agriculture.
2. Improve processing efficiencies by recommending that Service Canda create a "TFW Labour Pool" where semi-skilled or skilled Temporary Foreign Workers who have been terminated without cause can register, and from where other qualified employers from across Canada have the opportunity to recruit from this pool. 
3. Recognize the experience a temporary foreign worker has gained during his/her years of employment within the Temporary Foreign Workers Program, and with the recommendation of the employer, allow those who have completed at least 3 year’s continuous service with an employer access to opportunities for advancement.
4. Develop permanent solutions to chronic labour shortages by expanding pathways to permanent residency, including negotiating with the federal government to expand the Canadian Experience Class (CEC) to give low and semi-skilled temporary foreign workers the right to apply for permanent residency after three years of work experience with his/her employer, based on employer recommendations, satisfactory background check, appropriate prior experience in country of origin and minimum language proficiency requirements.