Program requirements for the Global Talent Stream

From Employment and Social Development Canada

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Eligibility for the Global Talent Stream

You may be eligible for Category A of the Global Talent Stream if you have been referred to the Global Talent Stream by one of Employment and Social Development Canada's designated partners and you are hiring unique and specialized talent

OR

You may be eligible for Category B if you are seeking to hire to hire highly-skilled foreign workers to fill positions in occupations found on the Global Talent occupations list.

As an employer applying through the Global Talent Stream, you must comply with the Program requirements for the Global Talent Stream. The Temporary Foreign Worker Program has measures in place to verify and ensure employers’ compliance with the Program requirements. Employers who fail to comply with these requirements will be subject to consequences for non-compliance.

Processing fee

You must pay $1,000 for each position requested to cover the cost of processing your application.

  • The processing fee payment (in Canadian dollars) can be made by:
    • Visa
    • MasterCard
    • American Express
  • The processing fee will not be refunded if your application is withdrawn, cancelled or if your application receives a negative assessment. Refunds are issued only if a fee was collected in error
  • The processing fee cannot be paid by nor be recovered from the temporary foreign workers

Third-parties

Use of a third-party

If you choose to use the services of a third-party representative (paid or unpaid), you must complete the third-party information sections of the application.

You must not recover the costs for the services of a paid representative from the temporary foreign worker.

We may communicate directly with you to verify information provided on the application form from the third-party representative.

We will not mediate a dispute between you and a third-party representative nor communicate complaints to a regulatory body on your behalf.

If you have a complaint about your third-party representative, there are ways to get help.

Paid third-party representatives

You may choose to ask a third-party representative to act on your behalf when seeking to use the Temporary Foreign Worker Program to hire a temporary foreign worker. A paid representative must be authorized to collect a fee or to receive any other type of payment to act on your behalf or to advise you in the application process. An authorized third-party representative is:

  • a member in good standing of a Canadian provincial or territorial law society or students-at-law under their supervision, or the Chambre des notaires du Québec
  • a paralegal in the Province of Ontario’s law society
  • a member in good standing of the Immigration Consultants of Canada Regulatory Council

Unpaid third-party representatives

An unpaid representative can also assist you but is not authorized to collect a fee or to receive any other type of payment for rendering services. An unpaid representative can be a:

  • family member
  • friend
  • not-for-profit group
  • religious organization

Business legitimacy

All employers applying to the Temporary Foreign Worker (TFW) Program must be actively engaged in the business where the TFW will be employed and remain so during the period of employment for which the work permit is issued to the TFW(s). Employers must have an operating/functioning business, providing either a good or service related to the job offer made to the TFW in Canada.

New employers hiring a TFW must always submit one document which supports their active engagement in the business. Returning applicants to the Program are not required to re-submit any documentation. However, ESDC/Service Canada may request that employers submit additional documents when they submit a new application. Employers who provide documents that are not requested may slow down the processing of their application.

Documentation which supports an employer’s active engagement includes:

  • municipal/provincial/territorial/ business licence (where applicable and if first application)
  • business registration or legal incorporation documents (if first application)
  • Canada Revenue Agency documents (where applicable and if first application) including:
    • T2 Schedule 100 Balance Sheet Information (for corporations only – 2 most recent returns filed)
    • T2 Schedule 125 Income Statement Information (for corporations only – 2 most recent returns filed)
  • attestation by a lawyer, notary public or Chartered Professional Accountant, who is a member in good standing within the respective professional bodies, confirming that the employer is engaged in a legal business that provides a good and/or service in Canada and that the business is in good financial standing and will be able to meet all financial obligations to any TFWs hired (for sole proprietorships/partnerships)
  • a formal letter from a legal business confirming the existence of a contract for a good and/or service with the employer making the application
  • commercial lease agreement (with the financial information redacted/blackened out)
  • provincial/territorial workplace safety and insurance (for example workers compensation board) clearance letter (if applicable)
  • Provincial requirements and/or documentation:

Labour Market Benefits Plan

You are required to work with Employment and Social Development Canada (ESDC) to develop a Labour Market Benefits Plan that demonstrates your commitment to activities that will have lasting, positive impacts on the Canadian labour market. A Labour Market Benefits Plan will help you and the Government of Canada identify and track your overall job creation, skills and training investments, which must benefit the Canadian economy through your employment of highly-skilled global talent.

Commitments within the Labour Market Benefits Plan are divided into mandatory and complementary benefits.

If you have been referred by one of the Global Talent Stream’s designated partners and are seeking to hire unique and specialized talent (Category A), you must commit to creating jobs, either directly or indirectly for Canadians and permanent residents as your mandatory benefit.

If you are an employer in Canada seeking to hire highly-skilled foreign workers to fill positions in occupations on the Global Talent Occupations List (Category B), you must commit to increasing skills and training investments for Canadians and permanent residents as your mandatory benefit.

In addition to the applicable mandatory benefit for Category A or B, you must also commit to achieving a minimum of two complementary benefits with at least one activity for each benefit. The complementary benefits identified by an employer in their Plan cannot be the same as the mandatory benefit.

Complementary benefits, could include, but are not limited to, job creation, investment in skills and training, transferring knowledge to Canadians and permanent residents, enhanced company performance and implementing best practices or policies as an employer for your workforce.

Activities to support mandatory and complementary benefits could include, but are not limited to:

  • increasing the number of Canadians or permanent residents employed full-time and part-time by the firm
  • establishing educational partnerships with local or regional post-secondary institutes or with other organizations that are supporting skills and  training
  • paid co-op or internship programs
  • developing and implementing policies to support the hiring of underrepresented groups
  • directly training Canadians or permanent residents
  • directly supervising and mentoring Canadians or permanent residents
  • increasing growth of revenue, employment or investment; and
  • developing/enhancing partnerships with organizations that assist with the identification of top domestic capital

ESDC will work with you to complete the Labour Market Benefits Plan during the application process.

The progress of your Labour Market Benefits Plan will be monitored at regular intervals to allow ESDC to assess the performance of the Global Talent Stream and to determine your continuing eligibility.

If you already have an approved Labour Market Benefits Plan and are submitting another application, a new plan may not be needed; however you may be asked to provide updates and / or additional information.

Recruitment

While there is no minimum recruitment requirement for the Global Talent Stream, you are encouraged to recruit Canadians and permanent residents before offering a job to a temporary foreign worker. You will be asked, as part of your application to describe any recruitment efforts conducted.

Wages

Wages offered to temporary foreign workers should be similar to wages paid to Canadian and permanent resident employees hired for the same job and work location, and with similar skills and years of experience.

For the purpose of the Global Talent Stream, you must pay the prevailing wage which is defined as the highest of either:

  • the applicable minimum wage requirement as identified in the Global Talent Occupations List
  • the wage that is within the wage range that you are paying your current employees hired for the same job and work location, and with the same skills and years of experience
  • the median wage on Job Bank

To determine the median wage on Job Bank:

  • go to Job Bank
  • in the “Job search” field, enter the job title or the National Occupations Classification (NOC) Code that best describes the duties and requirements of the position
  • the hourly median wage will be listed in the middle column, by community or area. If the median wage is listed as ‘’N/A’’, consult the provincial or territorial wage. If it is not available, consult the national wage

The temporary foreign workers wages must be reviewed and adjust, when applicable, at least annually, to ensure they continue to receive the prevailing wage for the occupation and region where they are employed.

If the position requires additional skills and years of experience over the applicable NOC description, the wages offered should reflect these additional requirements.

For the purpose of determining the wage rate being offered, we will only consider guaranteed wages, which exclude:

  • overtime hours
  • tips
  • benefits
  • profit sharing
  • bonuses
  • commissions
  • other forms of compensation

Job duties and working conditions

The temporary foreign workers you hired through the Temporary Foreign Worker Program must only perform duties that correspond to the occupation they were hired for.

Canadian law protects all workers in Canada, including temporary foreign workers. The exploitation of temporary foreign workers is considered a violation of Canadian laws and human rights.

Employment in most occupations is covered under provincial or territorial legislation that deals with labour and employment standards such as:

  • hours of work (including overtime)
  • compensation
  • working conditions
  • termination of employment

Every province or territory has a Ministry of Labour that can provide information to assist employers and temporary foreign workers with questions or issues related to work. Some employers are federally regulated and, therefore, are covered by the employment standards under the Canada Labour Code.

Workplace safety

You must always ensure that the temporary foreign workers you want to hire under the Temporary Foreign Worker Program are covered from the provincial or territorial workplace safety insurance provider, where required by law. Where the provincial or territorial legislation allows employers the flexibility to opt for a private insurance plan, you must ensure that:

  • any private plan chosen provides better or the same level of compensation to that offered by a province or territory
  • all employees on the worksite are covered by the same provider

If you are enquiring about private insurance plan equivalency, contact the appropriate provincial or territorial workplace safety authority.

The coverage you purchased must correspond with the temporary foreign workers’ first day of work in Canada and the costs must not be recovered from the temporary foreign workers.

Language restriction

English or French are the only languages you can identify as a job requirement in your application and job advertisement. However, if another language is essential for the job, you must provide a justification on the application.

Unionized positions

If you are applying to hire temporary foreign workers for positions covered under a collective agreement, you must:

  • advertise and offer the same wage rates as those established under the collective agreement
  • offer the temporary foreign workers the same terms and conditions as Canadian and permanent resident workers
  • submit a copy of the section of the collective bargaining agreement on the wage structure

The hiring of temporary foreign workers must not affect current nor foreseeable labour disputes at the workplace.

We recommend that you work actively with union representatives to recruit Canadians and permanent residents.

Employer compliance

As an employer, you must comply with all the Temporary Foreign Worker Program requirements for the position you are requesting. Learn about employer compliance and the possible consequences of non-compliance.

List of ESDC Designated Partners for referral to Category A of the Global Talent Stream (as of June 12, 2017)

For Category A of the Global Talent Stream, employers must be referred by one of Employment and Social Development Canada (ESDC)’s designated referral partners. The role of designated referral partners is to refer eligible Canadian companies with whom they have existing relationships. This means that the innovative Canadian company must be legally constituted in Canada, have a focus on innovation, be seeking to scale up, have a willingness to grow, and demonstrated need to hire a unique and specialized individual.

ESDC’s list of designated referral partners for the Global Talent Stream includes the following organizations (as of June 12, 2017):

  • Atlantic Canada Opportunities Agency
  • BC Tech Association
  • Business Development Bank of Canada
  • Communitech Corporation
  • Council of Canadian Innovators
  • Federal Economic Development Agency for Southern Ontario
  • Global Affairs Canada’s Trade Commissioner Service
  • ICT Manitoba (ICTAM)
  • Innovation, Science and Economic Development Canada - Accelerated Growth Service
  • MaRS Discovery District
  • National Research Council - Industrial Research Assistance Program
  • Ontario Ministry of Citizenship and Immigration
  • Ontario Ministry of Economic Development and Growth
  • VENN Innovation

Definition of Unique and Specialized Talent for Category A of the Global Talent Stream

For Category A of the Global Talent Stream, innovative firms must be referred by one of   Employment and Social Development Canada (ESDC)’s designated referral partners and be seeking to hire unique and specialized talent. Unique and specialized talent is indicated by:

  • Advanced knowledge of the industry;
  • Advanced degree in an area of specialization of interest to the employer; AND/OR
  • Minimum of five years of experience in the field of specialized experience; AND
  • A highly paid position with a salary of usually $80,000 or more.

Global Talent Occupations List for Category B of the Global Talent Stream

For Category B of the Global Talent Stream, employers must hire highly-skilled foreign workers to fill positions in occupations found on the following list:

Global Talent occupations list
National Occupations Classification (NOC) code Occupation Minimum wage requirement (annual salary) Minimum wage requirement (hourly rate)
0213 Computer and information systems managers Prevailing wage Prevailing wage
2147 Computer engineers (except software engineers and designers) Prevailing wage Prevailing wage
2171 Information systems analysts and consultants Prevailing wage Prevailing wage
2172 Database analysts and data administrators Prevailing wage Prevailing wage
2173 Software engineers and designers Prevailing wage Prevailing wage
2174 Computer programmers and interactive media developers Prevailing wage Prevailing wage
2175 Web designers and developers Prevailing wage Prevailing wage
2241 Electrical and electronics engineering technologists and technicians $81,000 or higher prevailing wage $38.94 or higher prevailing wage
2283 Information systems testing technicians $78,000 or higher prevailing wage $37.50 or higher prevailing wage
Sub-set of 5241*

Digital media designers

*in addition to the position having an annual salary of at least $80,000 ($38.46 per hour) or the prevailing wage (if the prevailing wage is higher), the position must require a minimum of five years of industry experience and require at least one of the following skills or experiences: 3D modeling; virtual and augmented reality; animation, level editing, editor and pipeline software and tools in applicable industry; and, other specialized knowledge of software framework in applicable industry (for example, Unreal 3.0).

$80,000 or higher prevailing wage $38.46 or higher prevailing wage
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