Ad guidelines for foreign workers in spotlight with Federal Court ruling (Legal View)

Ruling highlights inconsistencies in requirements around TFWP applications
By Sergio Karas
|Canadian HR Reporter|Last Updated: 08/08/2016

Advertising guidelines published by Service Canada for Labour Market Impact Assessment (LMIA) applications have become a contentious issue between employers seeking to hire foreign workers and Temporary Foreign Worker Program (TFWP) officers adhering to a strict interpretation of those guidelines. 

In a recent decision, the Federal Court quashed a refusal to issue a positive LMIA where breaks in advertising were considered by the TFWP officer as a failure by the employer to meet the test of having made reasonable efforts to hire a Canadian, as required by the regulations. 

In Charger Logistics Ltd. v. Canada (Minister of Employment and Social Development), the employer, a Canadian logistics and transportation company operating a fleet of 200 trucks moving freight across Canada, the United States and Mexico, advertised for the position of supervisor of truck drivers at the Service Canada Job Bank, Indeed and Workopolis websites. Sixty candidates applied and 10 were interviewed because they had the requisite work experience. Of the 10 candidates, only four spoke Spanish — a job requirement — and none were suitable for the position.