Job Analysis
A process to identify and determine in detail the particular job duties and requirements – and the relative importance of these duties – for a given job.
When an employer has identified a labour shortage for a specific job or set of jobs and has selected the TFW pool as a viable source of labour, their first step is to begin the Labour Market Opinion (LMO) application. Central to this application is the Job Analysis. Only employers can be the official holder of the LMO provided by Human Resources and Skills Development Canada (HRSDC), though multiple associations and organizations may be named as third parties on the LMO application and fill in the paperwork on behalf of the employer. This phase involves:
- determining the specific duties that will be expected of this employee;
- identifying the required skills/qualifications;
- demonstrating that there is a shortage of Canadian workers to meet your labour needs;
- describing the working conditions and locations on the job;
- determining the on-the-job language requirements; and
- preparing the application for a LMO;
As part of the LMO process, HRSDC first confirms that there is a need for temporary foreign workers at the location and for the job identified by the employer, and second, makes sure that the foreign worker selected by the employer has the required skills to do the identified job. An unnamed LMO refers to accomplishing the first of these tasks prior to recruiting and selecting actual foreign workers. The LMO is not formally approved, however, until the employer submits information that identifies an individual worker, including proof of the worker’s skills in relation to the job description, as part of the LMO application.
Many employers choose the unnamed route because it reduces the risk that the LMO will be denied after they have already made investments in the recruitment and selection phases. Others prefer to submit the full LMO application, including specific worker information, all at once: they may have ongoing recruitment efforts in place, or may wish to avoid additional processing times that are experienced using the unnamed method. This section refers generally to the unnamed phase of the LMO application.
As part of the LMO application, employers must clearly describe the jobs, and job sites, where they are experiencing labour shortages. This is because the LMO application is used by HRSDC to confirm whether there is a shortage of Canadian labour, and that local labour market conditions warrant the hiring of TFWs. Specific job requirements must be identified, including on-the-job language requirements. NOTE: Where language requirements are embedded within the job description, these become requirements for the job, and are part of the evaluation of proposed workers‘ skills, which are done by Citizenship and Immigration Canada (CIC) and Canada Border Services Agents (CBSA). If workers do not possess the languages listed in the LMO job description, they can be turned away by CIC or the CBSA. As a result, some employers do not make language ability a job requirement.
The job description is typically developed by the employer, but labour organizations or recruiters may also help an employer to develop the job description. Service Canada assesses jobs through National Occupational Classification (NOC) codes. To help describe the job, check out the NOC descriptions on the HRSDC website.The principle duties need to be defined; however, don’t limit the job description to the NOC definition, because it may limit the types of duties a new employee can carry out.
A well-defined job description will also help employers to decide if an LMO is required, because there are jobs which do not require an LMO. For example, some workers, such as engineers and architects, are exempt under trade agreements like NAFTA. As well, international companies may be able to bring in workers from their affiliates in other countries. For a list of all workers who are exempt from LMOs, see the CIC website.
In addition to the detailed job description, the following information must be included in the LMO or unnamed LMO application:
- Determine the prevailing wage or established trade/occupation wage to be offered the employee(s). This is based on the local area, so it can be useful to check wages in collective agreements or negotiated employment contracts in the area.
- Identify the absence of existing labour disputes. On-going negotiations with labour organizations that are causing a labour shortage must be declared to Service Canada, since foreign workers cannot be used to replace workers on strike or in a labour dispute.
- Demonstrate recruitment efforts in Canada. These requirements differ according to occupational classification. For specific requirements see the minimum advertising requirements on the HRSDC Temporary Foreign Worker website. (See the Variations in the process for exceptions to these guidelines).
In April of 2009, HRSDC introduced a Monitoring Initiative. This is a program in which all employers will be asked to participate. The initiative is designed to have employers provide documentation to HRSDC about labour conditions and on the follow-through of the employment agreement conditions between a TFW and the employer, and allow HRSDC/Service Canada employees to complete on-site consultations. While the program is optional, HRSDC indicates that information gathered as part of the monitoring process may be considered in future LMO considerations. For more information see the HRSDC web page on the initiative.
In addition to these three requirements, Service Canada also considers other factors such as working conditions, the attraction and retention of Canadians as a result of bringing in a foreign worker, and the transfer of skills and knowledge to Canadians. Information addressing each of these factors should be included in the LMO application.
Employers who choose the unnamed method can move onto the recruitment stage once they receive approval. For more information, go to the HRSDC Temporary Foreign Worker Program website.
Variations in the process
There are a number of variations to the general LMO application process, depending on the jobs identified, province of work, changes to the "Occupations under pressure" list, and various pilot projects being sponsored by different governments across Canada. Here are some things to keep in mind:
Temporary Foreign Worker Units – These units help to identify situations that do not require an LMO, and assist employers to explore the use of foreign workers in LMO-exempt occupations. This is a new service offered by CIC, and is currently available in selected areas across the country. For a complete listing of locations, visit the CIC website.
Occupations Requiring Lower Levels of Formal Education (National Occupation Code – NOC– C and D) – In the construction industry, NOC C and D occupations include heavy equipment operators, installers, repairers, truck drivers and other motor vehicle drivers, as well as trades helpers and construction labourers. Although it is possible to find Canadian workers to fill these positions, there are sometimes shortages. In 2002, a pilot was introduced for employers wanting to hire TFWs into jobs requiring less formal education or specific skills. Employers must meet specific requirements around advertising in Canada, payment of health care premiums, reimbursement of travel costs, and provision of support to locate appropriate accommodation at a fair cost. Employers must commit to these requirements in a written contract with the foreign worker as part of the final LMO application process. Draft contracts are located here. The guidelines for this pilot have changed since its introduction. To find out the latest information, go to the HRSDC website.
Recruitment in Canada – The amount of recruitment that must be conducted in Canada varies from the two-week norm if the occupation is included on either the “Occupations under pressure” or “Expedited Labour Market Opinions” lists.
Minimum advertising requirements – On January 1, 2009, the “Occupations under pressure” initiative was replaced by new national advertising requirements. There are now different advertising requirements for different occupations as classified by the National Occupations Classification system. NOC O and A codes have fewer requirements than NOC B occupations. NOC C and D occupations have the most requirements as noted above in Occupations Requiring Lower Levels of Formal Training.
Expedited Labour Market Opinions – In Alberta and British Columbia, HRSDC has started a pilot project to help speed up the process for a limited number of occupations. In the construction industry this currently includes such trades as journeyperson, crane operators and carpenters. For a complete list of all occupations included in the pilot, check out the E-LMO list.
Manitoba employers – Employers in Manitoba who want to hire foreign workers for Manitoba must register with the Government of Manitoba’s Employment Standards Division. This must be done prior to applying for an LMO, as the registration number is required to begin the LMO application process. For more information about this program see the fact sheet on the Government of Manitoba website.
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This page last updated December 2009
