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HAC Presentation BETSY KANE - Hiring International Pilots

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HAC Presentation BETSY KANE - Hiring International Pilots

  1. 1. HAC 27th Annual Convention and Trade Show November 3, 2022 Hiring internationally Trained Pilots in Canada- Leveraging Canada Temporary work programs to meet your needs. Betsy Kane, C.S. Certified by the Law Society of Ontario as a Specialist –in Canadian Immigration Law Capelle Kane Immigration Lawyers Ottawa www.capellekane.com @betsy_kane Betsy Kane, C.S. | LinkedIn
  2. 2. Temporary Foreign Worker Streams International Mobility Program (IRCC) • Francophone Mobility Program • Free Trade Agreements • Reciprocal Employment • International Experience Class • *Can seek a positive opinion on eligibility from IMWU for visa exempt foreign national Labour Market Impact Assessment - LMIA (EDSC)
  3. 3. International Mobility Program (IMP) means LMIA exempt Employer must first register as employer with IRCC for an Employer Portal account. Employer must ensure terms of employment are detailed and wholly accurate. Selection of NOC code mandatory. Duration of employment must be specified. Very important for seasonal contracts. Only file term of employment to correspond with duration of contract or employment agreement. Employer compliance obligations must be attested to for offer to be filed. Employer compliance fee must be paid for each international hire and proof of payment given to worker for work permit application. Portal generates offer number. Must take screen shot or .pdf of offer number and give to worker for work permit application. #A1232456 Functionality of employer portal is erratic. System often down. User support from IRCC poor and very delayed. Can compromise work permit application date.
  4. 4. Employer’s role in the process • Sign up for the IRCC employer portal to be authorized to hire foreign workers • https://www.canada.ca/en/immigration-refugees-citizenship/corporate/partners- service-providers/employer-portal.html • File precise terms of the Offer of Employment with IRCC. Ensure detailed explanation of how worker meets the application requirements and position clearly falls under a NOC code. Can upload proof of credentials and NOC when submitting terms of employment to IRCC but not mandatory. • Ensure you reference Work Permit Category cod, i.e. C16, T24, etc. https://www.canada.ca/en/immigration-refugees- citizenship/corporate/publications-manuals/operational-bulletins- manuals/temporary-residents/foreign-workers/exemption-codes.html • Pay the Employer Compliance Fee of $230. This is a fee imposed on employer when hiring through the International Mobility Program (IMP) where testing the labour market is not part of the work permit application process for employers. Fee is responsibility of the employer and cannot be passed on to the employee. • https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1186&top=17 • Screenshot of payment receipt following processing of credit card must be taken as IRCC does not issue an official receipt on filing and worker must include copy of fee receipt when filing application on-line. • Once Offer of Employment is filed, Employer must screenshot Employment queue showing application as filed and “A” number associated with the Offer (number starting with letter “A”).
  5. 5. Practical Tips • Employer portal frequently plagued by technical glitches. • May need to try accessing portal using different browsers. • May need to clear browser history before retrying to file offer. • Don’t leave it until the last possible day to file the Offer of Employment. This could leave applicant unable to make application for work permit on the day and time planned. • If portal down, worker is unable to apply for work permit (on-line or at a port of entry). • Portal deactivated after 2 years without use. Reactivation can take weeks to months. Login into your employer at least once annually to keep it active.
  6. 6. •Apply for a work permit to IRCC on-line from outside of Canada How to Apply? •Apply for a work permit at the port of entry (Airport/Land Border) where eligible Apply •Include offer number from Employer Portal and Receipt for Employer Compliance Fee $230 Include •Provide as much evidence as possible to demonstrate they are a habitual French speaker Provide •Provide evidence that they have credentials + license + experience to carry out the duties Provide •Include signed employment agreement and job description Include
  7. 7. How to apply Duration of request for work permit must coincide with the length of the employment agreement/contract. No maximum duration under FMP. Renwal applications. Same evidence. New Offer of Employment and Application number + Compliance Fee required. Work permit can be applied for at the border or airport with substantial supporting documentation. Representative can apply on behalf of foreign worker. Apply on-line using MyCIC account https://www.canada.ca/en/immigration-refugees- citizenship/services/application/account.html
  8. 8. How to secure long duration work permit? PASSPORT EXPIRY DATE KEY Employer specifies duration of the offer of employment in the employer portal job details section. Employee specifies duration of work in Canada on their work permit application
  9. 9. How to recruit from outside of Canada? Use the support offered by Destination Canada Participate in Canadian Embassy Outreach Programs to assist employers with recruitment for jobs in Canada Advertising on international recruitment platforms Specify seeking highly proficient French speaking candidates to try attract Francophones for C16 WP Specify that employer will support work permit application for French speaking applicants
  10. 10. Helicopter Pilots National Occupational Classification (NOC) 2271 Air Pilots, Flight Engineers and Flying Instructors NOC 72600 – Air pilots, flight engineers and flying instructors. NOC Skill Level “B” NOC “TEER 2” NOVEMBER 2022 NOC 2271 Prevailing Median Wage $44.87 TO BE UPDATED NOVEMBER 14, 2022
  11. 11. Francophone Mobility Program (C16 category) Free advertising and recruitment support through Destination Canada + Canadian Embassy in Paris. LMIA exemption for NOC skill level 0, A, or B Employment must be outside of Quebec Language of work does not have to be French Must prove habitual language of daily use is French No requirement to pay prevailing wage Up to 5-year work permit
  12. 12. FRANCOPHONE MOBILITE PROGRAM EMPLOYER SUPPORTS PARTICIPATE IN MOBILITY FORUM The Destination Canada Mobility Forums are annual event organized by the Government of Canada in Paris and Brussels. It connects Canadian employers and organizations with skilled French- speaking candidates in various fields. (participate in person or virtually) Government of Canada will assist in recruitment in Europe and Africa to help you attract Francophone candidates for positions in Canada that are based outside of Quebec. Government of Canada host temporary work permit and permanent immigration seminars for employers and prospective employees. Extremely helpful service for Canadian employers: FREE Recruitment Fairs in France + Morocco November 2022
  13. 13. Destination Canada – Mobility Form The November 2022 edition of the Destination Canada Mobility Forum focuses on Francophone immigration information and networking for candidates. The objective is to inform and prepare participants to live and work in Canada. Canadian employers are not direct participants at the November 2022 Forum. For hiring, 2 recruitment fairs will follow, in early 2023. However, you can communicate your job offers to representatives of your province or territory, city or region, or to a local economic development organization who will be at the forums as exhibitors. Helping you find the right candidates By submitting your job offers to participating exhibitors in your region, the forum gives you access to a pool of qualified candidates from around the world. The following sectors have high potential for qualified candidates says the Government of Canada: Aeronautics and Avionics https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-permanent-foreign/french-speaking-bilingual- workers-outside-quebec/destination-canada/employers.html
  14. 14. Destination Canada – Mobility Forum Two targeted recruitment fairs in 2023 These fairs will focus on priority sectors with identified needs and where Francophone and bilingual candidates are in demand. Destination Canada IT, in January 2023 Destination Canada Hotel, Restaurant and Tourism, in March 2023 Register Registration for the virtual recruitment fairs will start in December 2022. If you have any questions, please send an email to parisdestinationcanada@international.gc.ca.
  15. 15. All French speaking countries France Belgium Luxembourg Switzerland Andorra Romania Monaco Algeria Morocco Tunisia Benin Burundi Cameroon Cote d’ivoire D.R. Congo Gabon Senegal Seychelles Madagascar Mauritius Togo Guadelope Martinique Saint- Barthélemy Saint- Martin Any French speaker in any country qualifies
  16. 16. Duration of work permits under Francophone mobility program + Transition to permanent residence status No Cap • Up to 5 years can be requested Approve • Regularly approve for 4 years Time • More time to convert to permanent residence status
  17. 17. Reciprocal Employment - C20 Category Admission of foreign workers where reciprocity is demonstrated by the Canadian employer – result in neutral labour market impact Proof of Reciprocity - Global Mobility Policy or exchange agreement with foreign company or proof of sending employees abroad * some visa offices want to see employment for company abroad before transfer to Canada Canadian pilots go posted abroad allows for foreign pilots to come to Canada on reciprocal basis Does not need to be precise one-for-one reciprocity assessment - Flexible No requirement to pay prevailing wage
  18. 18. International Experience Class (IEC) Follow @IEC_EIC Eligibility is based terms of bilateral agreements with specific countries or through Recognized Organizations Age ranges between 18-30 or 18-35 depending on specific country Duration of work permit depends on program generally 1-2 years Open: Any employer Working Holiday Program – open work permit Student Work Abroad Program SWAP Recognized Organization Young Professional Program – Employer Specific – Can participate twice per country specific programs.
  19. 19. IEC Participating Countries 18-35 years • Andorra • Australia • Austria • Belgium • Chile • Costa Rica • Croatia • Czech Republic • Denmark • Estonia • France • Germany • Greece • Hong Kong • Ireland • Italy • Japan • Latvia • Lithuanuia • Luxembourg • Mexico • Netherlands • New Zealand • Norway • Poland • Portugal • San Marino • Slovakia • Slovenia • South Korea • Spain • Sweden • Switzerland • Taiwan • Ukraine • United Kingdom Recognized Organizations / • Brazil • India • United States
  20. 20. High Wage Labour Market Impact Assessment LMIA Stream for Helicopter Pilots. Good Option- Not high uptake by employers in the sector. Requires full-time employment (at least 30 hours/week) Must pay median prevailing wage as per Job Bank for all regions where working – Wages increasing effective November 14, 2022. $44.87+++ Must advertise for 30 days per EDSC strict advertising requirements Temporary High Wage or Permanent LMIA Processing time depends on region where position is located and whether permanent or seasonal employment $1000 government processing fee per worker Max 3-year work permit for high-wage
  21. 21. LMIA Advertising Requirements for High Wage Stream Advertise in min 3 places for 30-days in 3 months prior to submitting LMIA Minimum of one advertisement must remain posted until LMIA approved- can keep renewing National Job Bank ad Must advertise on National Job Bank Must use Job Bank job match service and invite all with 4* stars or more in first 30 days to apply Need proof of continuous advertising (dated screen shots + invoices + .pdf copies of all ad including posting dates)
  22. 22. LMIA Advertising requirements • All advertisements must include: • company operating name • business address • title of the position • job duties (for each position, if advertising is for more than one vacancy) • terms of employment (for example, project based, permanent position) • language of work • wage (must include any incremental raises, performance pay or bonuses) a wage range can be used for the purposes of complying with the advertisements. However, the minimum wage in the range must meet prevailing wage • benefits package offered (if applicable) • location(s) of work (local area, city or town) • contact information, including telephone number, cell phone number, email address, fax number, or mailing address • skills requirements (includes education and work experience) • EDSC additional specific advertising requirements for pilots
  23. 23. LMIA specific requirements for Pilots  Employers hiring under the NOC 2271 under the TFW Program must meet the minimum advertising requirements for high-wage occupations; and specify the following criteria in their job postings:  no more than a maximum of 4,000 flight hours for a First Officer and 5,000 hours for a Captain as required experience  possess a valid commercial pilots’ licence  require English and/or French language proficiency  include industry standard medical testing requirements for commercial flight  state both the legal and common names of the airline operating in Canada  not include as an essential or asset requirement the necessity of holding a type rating for a specific type of aircraft. However, requiring applicants to have experience flying equipment that is similar in configuration and complexity to the airline’s fleet is considered acceptable  indicate when training bonds will be applied and they must cover a minimum of two years employment
  24. 24. Aircraft Instrument, Electrical and Avionics Mechanics, Technicians and Inspectors {AME} (NOC 2244 B) National Occupational Classification (NOC) 2244 Aircraft Instrument, Electrical and Avionics Mechanics, Technicians and Inspectors - NOC Skill Level B 22313 – Aircraft instrument, electrical and avionics mechanics, technicians and inspectors - Teer 2 NOC 2244 Prevailing Median Wage as per Job Bank. Average in Canada $36.00 – Change on November 14, 2022
  25. 25. (NOC 2244 B) Aircraft Instrument, Electrical and Avionics Mechanics, Technicians and Inspectors [AME} Specific Employment requirements: Aircraft instrument and avionics mechanics and technicians require completion of a two- to three-year college program in avionics or electronics. Aircraft electrical mechanics and technicians require completion of a college program as an electrical or electronic technician. Four years of on-the-job or company apprenticeship training is required for all mechanics and technicians in this unit group. Avionics inspectors require completion of a two- to three- year college program in avionics or electronics and three to five years of experience as an avionics mechanic or technician. Avionics inspectors, mechanics and technicians who sign maintenance releases and certify airworthiness require an Aircraft Maintenance Engineer's (AME) licence (category E – avionics) issued by Transport Canada. Industry certification is available from the Canadian Aviation Maintenance Council for some occupations in this unit group. In Quebec, membership in the regulatory body is required to use the title of Professional Technologist.
  26. 26. Aircraft Assemblers + Assembly Technicians NOC 9521 C Today NOC 9521 > NOC C > Low Skill Level Prevailing wage: Canada $29.09 November 14, 2022 Prevailing wage: Canada to change> #increase November 16, 2022 NOC 93200 > Teer 3 > High Skill Level NOC 9521 – NOC C Transitioning to Teer 3 on November 16, 2022, under new NOC 2021 system. Occupation level will be elevated under the new NOC 2021 system; opening up easier pathways for work permits and for securing permanent residence status in Canada To be eligible for federal immigration programs and added provincial nomination programs.
  27. 27. Aircraft Maintenance Technicians (AME) Today Prevailing wages: Canada: $36.00 ON $35.53 QC $38.46 AB $38.30 > Calgary $40.28 BC $37.37 > $39.82 Lower Mainland November 14, 2022 Prevailing wage to change > #increase NOC 2016 #2244 – Skill Level B NOC 2021 #22313 – Teer 2 Aircraft Instrument, Electrical and Avionic Mechanics, Technicians and Inspectors -includes Aircraft Maintenance Technician (AME) Occupation
  28. 28. International Mobility Program IMP Francophone Mobility Program International Experience Class Free Trade Agreements • Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) • Canada-Columbia Free Trade Agreement • Canada-Peru Free Trade Agreement
  29. 29. Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Australia & Japan Australian & Japanese (NOC) 2244 Aircraft Instrument, Electrical and Avionics Mechanics, Technicians and Inspectors Must pay median prevailing wage One (1) year work permit Ability to communicate in English or French Technicians require both of the following: •a post-secondary or technical degree requiring 2 or more years of study as a minimum for entry into the occupation, unless other criteria are provided in the program delivery instructions, as well as any other minimum requirements for entry defined in the NOC •paid work experience for a length of 4 years in the sector of activity of the contract Technicians must have theoretical and practical application of a body of specialized knowledge and either of the following: •where the occupation is regulated by the province or territory of the applicant’s intended destination, evidence of licensing or certification in their occupation from the applicable Canadian or foreign regulatory body •where the occupation is not regulated by the province or territory of the applicant’s intended destination, or where licensing or certification is not required to fulfill the offer of employment, evidence of study in a field of study related to the specialty occupation (theoretical) and evidence of paid work experience in the specialty occupation (practical)
  30. 30. Canada-Peru / Canada-Columbia Free Trade Agreement Citizens of Columbia or Peru Permanent residents of Peru •Aircraft Instrument, Electrical and Avionics Mechanics, Technicians and Inspectors (AME’s) (NOC 2244) •Mechanical Engineering Technologists and Technicians (NOC 2232) •Engineering Inspectors, Testers and Regulatory Officers Electrical and Electronics engineering Technologists and Technicians (includes electronic service technicians) (NOC 2262) Technicians that are covered: Work Permit duration one (1) year (renewable)
  31. 31. CUSMA (NAFTA) Canada + USA + MEXICO Free Trade Agreement Scientific Technicians and Technologists prohibited if performing construction trade work for aircraft industry. Engineers only: Aerospace Engineer NOC 2146 Avionics Engineer NOC 2133 Mechanical Engineer NOC 2132 Metalurgical Engineer NOC 2141
  32. 32. Canada-Chile Free Trade Agreement CCFTA Almost Identical to NAFTA No limitation on construction trade work for Scientific Technicians and Technologists (i.e. Engineering Technicians and Technologists) Maximum 3-year work permit and renewable like NAFTA
  33. 33. Other options Comprehensive Economic & Trade Agreement (CETA) – EU Region Out of Warranty / Emergency Repair Business Visitor - After Sales Service Business Visitor – Warranty Work
  34. 34. Comprehensive Economic and Trade Agreement (CETA) European Union Member State CETA DETAILS
  35. 35. CETA Engineering and Scientific Technologists Occupations 2232 Mechanical engineering technologists and technicians: only related to engineering occupations 2233 Industrial engineering and manufacturing technologists and technicians 2241 Electrical and electronics engineering technologists and technicians 2262 Engineering inspectors and regulatory officers 2231 Civil engineering technologists and technicians 2232 Mechanical engineering technologists and technicians: only scientific related occupations
  36. 36. CETA Criteria Contractual Service Suppliers citizens of a European Union member state engaged in the temporary supply of a service for a period not exceeding 12 months contracted to provide a service in accordance with the Annex 10-E concordance table Must possess: •university degree or qualification demonstrating knowledge of an equivalent level •professional qualifications if required to practice an activity pursuant to the laws or requirements in the province or territory where the service is supplied Contractual service supplier means an employee of an enterprise in the EU who has a contract to supply a service to a Canadian consumer. The EU enterprise cannot have an establishment in Canada. be engaged in the supply of a service on a temporary basis as an employee of an enterprise which has obtained a service contract have been an employee of the EU-headquartered enterprise for at least one year prior to application possess three years of professional experience in the sector of activity that is the subject of the contract at the date of submission not receive remuneration for the provision of services other than the remuneration paid by the enterprise employing the contractual service suppliers during their stay in Canada
  37. 37. Many other unique work permit options Multiple Free Trade Agreements (FTA): Not all canvassed today Unique circumstances could drive other work permit options, e.g. significant economic or social benefits to Canada in remote regions. C10 Category. Global Talent Stream (GTS Cat. A) for unique and specialized skills for any NOC 0 and A occupation to allow company to grow and scale-up. LMIA program without advertising requirement. Company must agree to offer measurable labour market benefits such as additional hiring, training employees or growing company revenues. GTS Category A -need referral from local or provincial designated referral partner. 2-week processing time for LMIA. Additional 2 + weeks processing for work permit if ineligible to apply at port of entry.
  38. 38. Global Talent Stream and the Global Skills Strategy
  39. 39. How can the Global Talent Stream support the aeronautics industry Global Talent Stream (GTS) offers any type of employer in Canada the opportunity to recruit international talent worldwide without the need to test the Canadian labour market for available candidate. GTS has one stream (Category A) where any occupation can be approved without the need to advertise if the position is key to the success and growth of the company. The government messaging says: The Global Talent Stream offers timely, responsive and predictable client-focused service to help you access highly-skilled global talent to expand your workforce here in Canada and to be competitive on a global scale. This Stream, which is a part of the Temporary Foreign Worker Program, is designed for innovative firms in Canada that are referred to Employment and Social Canada by a designated referral partner and that need unique and specialized foreign nationals in order to scale-up and grow. Great option for Helicopter industry. Have tested it for seasonal positions. More n 2023. https://www.canada.ca/en/employment-social-development/services/foreign-workers/global- talent.html
  40. 40. Global Talent Stream Requirements: *Need Referral by Designated Government Partner *Create Labour Market Benefits Plan in exchange for advertising waiver *Prepare for audit of Plan *Implement plan to monitor progress of plan *Prepare for annual progress reports Skills of TFW must be unique [easy argument for specialized pilots] Employer must be innovative with plans for growth and investment [costs of training + helicopter purchases significant]
  41. 41. Advantage of using the Global Talent Stream? LMIA processing in 14 days or less
  42. 42. Global Skills Strategy for Aviation Sector Canada has created a Global Skills Strategy. It is designed to help employer secure international talent to Canada more rapidly than through the regular processing streams. Employer who are innovative and growing can access a Designated Service Channel on referral by a Designated Referral Partner. This gives employer access to private immigration officer or concierge. This service is helpful for employers with questions on the application processes, delays in processing and other hang-ups that occur while an application is being evaluated by IRCC or ESDC. Need to be accepted and approved by Service Canada to obtain the luxury of an immigration concierge.
  43. 43. Employer’s obligations in Provinces + Federal employer obligations Employment Protection of Foreign Nationals Act Ontario (Similar legislation across all provinces) Federal Employer Compliance Obligations Immigration and Refugee Protection Regulations https://www.ontario.ca/laws/statute/09e32 https://www.ontario.ca/page/employment-rights-and-obligations-foreign-nationals The EPFNA prohibits recruiters and employers from:  charging employers any fees or recovering any costs, including any related to hiring foreign worker (with one exception related to some seasonal agriculture workers)  Taking foreign worker property and documents, such as passport or work permit  intimidating or penalizing foreign worker for asking about or asserting rights under the EPFNA  using the services of a recruiter that employer knows has charged an unlawful fee to a foreign national  New Federal Regulations governing employers - Sept. 26/22  Co-signed employment agreement mandatory  Ensure all information in offer matches data Imported into employer portal  Not charge or recover costs of related to recruitment or hiring  Secure private health coverage during 90-day OHIP waiting period, when and if re-instated  Time off + resources to secure medical attention, ex. Ambulance, 911  Access to medical support – walk-in clinic , Hospital ER  Notification of rights as foreign worker in Canada + Provincially/Territories  Workplace free of abuse or coercion or intimidation
  44. 44. https://www.capellekane.com/ontario-employment- protection-foreign-nationals-act-epfna-new-rules-prevent-ontario- employers-recouping-expenses-associated-hiring-foreign-workers/ https://www.canada.ca/en/immigration-refugees- citizenship/corporate/publications-manuals/operational-bulletins- manuals/temporary-residents/foreign-workers/work-without- permit/employer-compliance-inspections.html https://www.canada.ca/en/immigration-refugees- citizenship/services/work-canada/employers-non-compliant.html https://www.canada.ca/en/immigration-refugees- citizenship/corporate/publications-manuals/operational-bulletins- manuals/temporary-residents/foreign-workers/eligibility/public-list- employers-who-have-been-non-compliant.html
  45. 45. Get your Position Across ™ Betsy Kane B.A. LL.B. C.S. Recognized by Law Society of Ontario as Expert in Canadian Immigration Law Who’s Who Legal ™ Best Lawyers™ Lexpert™ ranked Chambers and Partners ™ Twitter: @betsy_kane LinkedIn: https://www.linkedin.com/in/betsy-kane-c-s- 6a211314/ Capelle Kane Immigration Lawyers 360 Ravenhill Avenue East, Ottawa, ON, K2A 1S5 Website: http://www.capellekane.com/
  46. 46. Questions?

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