ARCHIVED – Operational Bulletin 539 – August 6, 2013

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Yukon Temporary Foreign Worker Annex Pilot Projects – Labour Market Opinion-Exempt Work Permits for Occupations Destined to the Oil, Gas, Mineral Exploration and Mining Industry or Tourism/Hospitality Industry

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Purpose

The purpose of this Operational Bulletin (OB) is to advise officers of pilot projects being implemented under Annex B – Temporary Foreign Worker (TFW) of the Agreement for Canada-Yukon Cooperation on Immigration, which provides Yukon with mechanisms to facilitate the entry of TFWs to meet its economic priorities and labour market objectives.

Background

In the TFW annex to the Agreement for Canada-Yukon Cooperation on Immigration signed in May 2008, Canada and Yukon agreed to the following:

3.4 The objective of this Annex is to allow Canada and Yukon to better work together to meet the particular needs and circumstances of Yukon’s employers, labour market, and economy with respect to the role played by the entry of foreign workers to the Territory to work on a temporary basis. In better addressing the needs of Yukon’s employers, Canada and Yukon recognize the unique situation of TFWs in the labour market, and are committed to protecting their rights.

7.3 The Working Group referred to in section 9.1 will work toward developing a process to allow entry of TFWs for major infrastructure projects in a manner that does not negatively affect the normal functioning of local or national labour markets. Examples of the types of projects that may need TFWs include the potential Alaska Highway Gas Pipeline, mineral exploration, and the start-up and operation of new mines in Yukon.

7.4 The Working Group referred to in section 9.1 will develop a streamlined process to assist those employers who have a requirement to hire TFWs to support the seasonal nature of Yukon’s tourism and hospitality industry in a manner that does not negatively affect the normal functioning of local or national labour markets.

Pilots

Effective August 01, 2013, the following Yukon TFW Annex pilots will begin and will form the Yukon Temporary Foreign Worker Program (YTFWP) co-administered by Yukon Education and Yukon Worker’s Compensation Health and Safety Board (YWCHSB). They are industry-specific and designed to help employers attract qualified individuals who will assist with shortages of workers in the territory. The eligibility of the employer under either category will be verified by the Territory of Yukon prior to issuing a letter of the support to the TFW.

  • Labour Market Opinion-exempt Work Permits for Occupations in the Oil, Gas, Mineral Exploration and Mining Industries in Yukon
    • Positions for workers at mine and mineral exploration sites, positions in the service and supply sector of this industry.
  • LMO-exempt Work Permits for Occupations in the Tourism/Hospitality Industry in Yukon
    • Positions will vary across sectors. Tourism and Hospitality in Yukon will include, but is not limited to, such businesses as tour operators, overnight accommodations, dining establishments, seasonal tourist attractions, and tourist transportation.

Pilot parameters

These pilots will run initially for one year – operating from August 1, 2013, to July 31, 2014. The Government of Yukon, along with the Canada-Yukon Working Group on Temporary Foreign Workers, will monitor and evaluate the program over time to assess the effectiveness and efficiency of its implementation and the overall impact on Yukon’s labour market.

Employer Eligibility

Yukon employers in the Oil, Gas, Mineral Exploration and Mining Industry or the Tourism/Hospitality Industry must apply with the Yukon Government if they wish to participate in these pilot projects (see note). To qualify for the YTFWP, employers

  • must be registered and operational in Yukon as a business, industry association or municipal, First Nation or Territorial government;
  • must demonstrate to the Yukon government that they cannot find qualified Canadians or permanent residents to fill the position required;
  • must be a small- or medium-sized company in the Tourism/Hospitality industry or the Oil, Gas, Mineral Exploration and Mining industry; and
  • must be hiring for short-term employment of no less than two (2) and no more than twelve (12) months.

Employers and TFWs must visit the Government of Yukon Web site to obtain information on how to qualify and apply for the YKFWP.

Note:

Employers seeking TFWs in the oil, gas, mineral exploration, mining industry and tourism/hospitality industry are not required to participate in these pilots, but may instead hire TFWs under the Labour Market Opinion (LMO) process.

Temporary Foreign Worker Eligibility

TFWs with a seasonal job offer from a Yukon employer must visit the link mentioned above to find out how they can qualify for the YTFWP. The Yukon Government will be assessing that the TFW:

  • has the required certification or accreditation for the specific trade or occupation, if applicable;
  • is licensed or accepted by the territorial body governing the occupation or trade, if applicable; and
  • can demonstrate their ability to communicate in either English or French, depending on the official language of the work place, at a suitable level as required by the work environment. This may include transcripts from educational institutions confirming completion of English/French courses, or verification that English/French was used previously in the workplace.

Work Permit issuance

  • An applicant may apply for a Work Permit (WP) under these pilots at a visa office abroad, inland by mail or online to Case Processing Centre in Vegreville, or, if eligible, at a port of entry. Visit the Citizenship and Immigration Canada Web site for more information on how to apply for a WP.
  • A TFW applying to CIC or the Canada Border Services Agency for authorization to work in the Yukon under the YTFWP must include the following with their application or request:
    • the Yukon Government letter of support from the Advanced Education Branch indicating their approval of the TFW’s participation in the YTFWP, and their recommendation for issuance of an LMO-exempt WP; and
    • the job offer from the employer;
  • An employer-specific, occupation-specific WP may be issued to the eligible applicant upon receipt of an application without requiring an LMO from Service Canada, under the authority of R204(c), LMO exemption code T13.
  • Duration: as indicated in the job offer; maximum of 12 months.
  • The applicant must meet all other admissibility requirements to be issued a WP under these pilots, including cumulative duration (four-year maximum) requirements if applicable, as described in OB 523.
  • Spouses or working-age dependents of principal applicants who wish to work in Canada can find out if they are eligible by visiting the CIC Web site.
  • Requests for WP extensions will be assessed by the YTFWP on a case-by-case basis. Therefore, applications submitted inland for an extension must be accompanied by a new letter of support from the Yukon Government.
  • Eligible TFWs may access Permanent Residency through the Canadian Experience Class stream or by being nominated under the Yukon Nominee Program.

System instructions

  • LMO exemption code: T13 in conjunction with R204(c) of the Immigration and Refugee Protection Regulations: “an agreement entered into by the Minister with a province or group of provinces under subsection 8(1) of the Act.”
  • The applicant’s WP should specify, in the Conditions field, that it is only valid for work performed in Yukon, and in an occupation destined to the Oil, Gas, Mineral Exploration and Mining Industry or the Tourism/Hospitality Industry.
  • It should also be stated in “Remarks/Notes” that “this authorization is in relation to the Yukon Territory TFW Program or YTFWP” to assist in statistical research, evaluation and policy-development.

Rationale

The Yukon TFW Annex pilots were designed to help employers in industries of a seasonal nature attract qualified individuals who will assist with shortages of skilled workers in the territory, thereby creating opportunities for all Yukon residents.

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