Hrsdc Emp5512 Form – Fill Out and Use This PDF

Human Resources and	Ressources humaines et	Please Print
Skills Development Canada	Développement des compétences Canada	PROTECTED WHEN COMPLETED - B

APPLICATION FOR A LABOUR MARKET OPINION (LMO)

OCCUPATIONS REQUIRING LOWER LEVELS OF FORMAL TRAINING

Personal Information Collection Statement

The information you provide on this request for a Labour Market Opinion (LMO) form is collected by Human Resources and Skills Development Canada (HRSDC) under the authority of the Immigration and Refugee Protection Act and Regulations, for the purpose of providing a Labour Market Opinion (LMO) in accordance with these statutes. Completion is voluntary; however, failure to complete this form will result in your request for an LMO not being processed.

The information you provide may be shared with Citizenship and Immigration Canada (CIC) for the administration and enforcement of the Immigration and Refugee Protection Act (IRPA) and Regulations (IRPR) as permitted by the Department of Human Resources and Skills Development Act (DHRSD Act), and may be accessed by the Canada Border Services Agency (CBSA) for the purpose of issuing work permits at Ports of Entry. HRSDC may also provide information to CBSA in order for that agency to investigate and enforce the IRPA and IRPR in relation to an LMO.

The information may also be shared with Provincial/Territorial governments for the purpose of administration and enforcement of provincial/territorial legislation, including employment standards and occupational health and safety legislation, as permitted by the DHRSD Act. The information may also be used by HRSDC for policy analysis, research and evaluation in relation to the entry and hiring of foreign workers to Canada or the IRPA.

The information you provide is administered under Part 4 of the DHRSD Act and the Privacy Act. You have the right to access and request correction of your personal information, which is described in Personal Information Bank PPU 440 of Info Source. Instructions for making formal requests are outlined in the Info Source publication available online at infosource.gc.ca.

EMPLOYER INFORMATION

26.Only answer this question if you employed a temporary foreign worker in the last two years. Did you provide all temporary foreign workers employed by you in the last two years with wages, working conditions and employment in an occupation that were substantially the same as those that were described in the job offer(s)?

Yes, I have provided all temporary foreign workers employed by me in the last two years with substantially the same wages, working conditions, and occupation as described in the job offer(s).

No, I have not provided all temporary foreign workers employed by me in the last two years with substantially the same wages, working conditions, and occupation as described in the job offer(s).

27. If you are currently employing temporary foreign workers, please indicate the number employed at the location of employment covered by this LMO:

Aussi disponible en français

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* THIRD PARTY INFORMATION (if applicable)

30.

Third Party ID # (if applicable)

31. Canada Revenue Agency Business Number

32. Third Party Business Name

33.

Third Party Legal Name

34. Third Party Mailing Address

35. City

36. Province/State

37.

Country

38. Postal/Zip Code

39. Third Party Business Address (if different than mailing address)

40.

City

41. Province/State

42. Postal/Zip Code

43. Country

44.

Describe the main business activity:

45.

Third Party Representative Authorized to Act on Behalf of the Employer

46. Job Title

First

Middle

Last

47.

Contact Telephone Number + extension if applicable

48. Fax Number

49. E-mail Address

50.

Preferred Official Language of Correspondence

English

French

*If you are a third party representative acting on behalf of an employer, written authorization from the employer to act on his/her behalf is required. Employers who wish to have third party representation must fill out and sign the "Appointment of Representative" page attached to this form and submit it with this application. HRSDC/Service Canada reserves the right to contact the employer directly if necessary.

JOB OFFER INFORMATION

Use a separate sheet for each additional job offer.

If you are requesting a Labour Market Opinion for identical job offers, provide the information only once.

56. Describe the Main Duties of the Job:

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58. Experience/Skills Requirements of the Job:

59.Language requirements: Indicate the language requirement needed for this job. If you indicate a language that the temporary foreign worker does not speak, the application will be refused by Citizenship and Immigration Canada (CIC), even if the worker is suitable for the position.

If the language required for the job is other than English and/or French, please identify the language requirement and provide an explanation:

60. Wage in Canadian Dollars and Number of Work Hours

Number of hours

Total number of

Total number of

per hour

per day

per month

per year

other

per day

hours per week

hours per month

$

$

$

$

$

Overtime hours rate of

$

starts after

hours of work per week.

62.Other benefits (specify):

63.Are there any federal/provincial/territorial certification, licensing or registration requirements for this job?

No

Yes	If yes, what is the name of the certifying/licensing/registering body?

Will the temporary foreign worker have all required certification, licensing, or registration prior to entering and starting work in Canada?

No		If no, please indicate the anticipated period of time to acquire all the required credential(s) after starting work in Canada:
			days		weeks		months
Yes		If yes, the temporary foreign worker must have proof that he/she already has all the required credential(s).

Please note: When processing a work permit application, Citizenship and Immigration Canada (CIC) will verify whether the temporary foreign worker requires certification, licensing or registration. If the temporary foreign worker does not meet these requirements prior to entering and starting work in Canada, then CIC will verify that arrangements have been made to this end.

64. Is the position part of a union?

Yes If yes, what is the position of the union? Provide details. Attach documentation, if available:

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65.	Is there a labour dispute in progress?
	No	Yes	If yes, please provide details:
66.	Have you attempted to recruit Canadian citizens/permanent residents for this job?
	No	If no, please explain:
	Yes	If yes, please provide details of your recruitment efforts and the results.

(Attach supporting documentation such as advertisements in local and national newspapers, recognized Internet job sites, job-specific and professional publications, recruitment drives, job faires, etc.)

If you posted on Job Bank (or the equivalent in some provinces) please provide, in addition to supporting documents, the order number:

67. What are the potential benefits to the Canadian labour market for offering this job to a temporary foreign worker (s)?
Filling a labour shortage	Transfer of new skills or knowledge to Canadian	Direct job creation or retention of Canadian	Other
	citizens/permanent residents	citizens/permanent residents
Provide details:

68.Provide a rationale for the job offer you are making to the temporary foreign worker(s) and explain how this will meet your employment needs:

69.Do you plan to train Canadians citizens/permanent residents for the position(s) for which you are requesting an LMO?

No	If no, please explain:
Yes	If yes, provide a brief description of the training plan:

70. Will you provide the temporary foreign worker with suitable and affordable accommodation? No, but I will assist by doing the following:

TEMPORARY FOREIGN WORKER INFORMATION

Please provide information on a separate sheet for each temporary foreign worker coming to Canada. If you have not yet identified the temporary foreign worker, leave this section blank. NOTE: you will have six months, from the date the labour market opinion confirmation letter is issued, to provide HRSDC/Service Canada with the names of the foreign workers you intend to hire, and for the workers to submit their applications for a work permit to CIC.

71.Temporary Foreign Worker Surname (family name) as Shown on the Passport 72. Temporary Foreign Worker Given Name(s) as Shown on the Passport

73.	Gender		74. Date of Birth (yyyy-mm-dd)	75. Location of Residence Outside Canada:		76. Citizenship(s)
	Male	Female		City	Country
77.	If the temporary foreign worker is currently in Canada, please indicate his/her location (City and Province) and immigration status:
City:			Province:
	Visitor		Temporary Foreign Worker	Refugee Claimant	Student

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DECLARATION OF EMPLOYER

	I am an unincorporated employer, sole proprietor or partnership.	Yes	No
	If you answered "YES" to the above:
	I understand that some provinces and territories operate, pursuant to agreements with the federal Department of			Yes
	Citizenship and Immigration, provincial nominee programs. I hereby consent to HRSDC providing the personal
	information contained in this request for a Labour Market Opinion to the provincial/territorial government(s) of the			No
	province(s) or territory(ies) where I carry on business to be used by the province(s) or territory(ies) for the
	administration of their Provincial Nominee Programs

Agreement to Participate in the Monitoring Initiative

(The Initiative does not apply to employers seeking foreign workers to fill job offers located in Quebec.)

I have read and understand the Monitoring Initiative Fact Sheet and agree to participate in the Initiative.

I have read and understand the Monitoring Initiative Fact Sheet and do NOT agree to participate in the Initiative.

Check each box to declare that you comply (or will comply) with the statements below:

I will provide any temporary foreign worker employed by me with wages, working conditions and employment in an occupation that are substantially the same as those described in the Labour Market Opinion confirmation letter, annex and employment contract.

I signed the employment contract containing all the provisions required by the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D). This contract accurately represents the actual terms and conditions of employment that I intend to provide to the temporary foreign worker.

I will pay all recruitment costs related to the hiring of the temporary foreign worker and will not recoup, directly or indirectly, any of these costs from the worker.

I will pay full transportation costs for the temporary foreign worker to travel from his/her country of residence (or from his/her residence in Canada) to the location of work in Canada and for the return to the country of residence (as stipulated in the employment contract) and will not recoup, directly or indirectly, any of these costs from the worker.

I will provide the temporary foreign worker with medical coverage, at least equivalent to provincial/territorial health care coverage, until he/she is eligible for provincial/territorial health care insurance coverage (where applicable).

I agree to review and adjust, when applicable, the temporary foreign worker's wages after 12 months of employment to ensure he/ she continues to receive the prevailing wage rate of the occupation and region where he/she is employed.

I will immediately inform Service Canada/Temporary Foreign Worker Program officers of any subsequent changes related to the temporary foreign workers' terms and conditions of employment, as described in the Labour Market Opinion confirmation letter, annex and employment contract.

I am in good standing with the applicable workers' compensation program and I will register the temporary foreign worker under the appropriate provincial/territorial workers' compensation / workplace safety insurance plans, where available, or purchase a personal for free, on-the-job-injury or illness insurance that provides the temporary foreign worker with a protection equivalent to the one offered by the applicable provincial/territorial law.

I am compliant with, and agree to continue to abide by, the relevant federal/provincial /territorial laws that regulate employment in the occupation specified and, if applicable, the terms and conditions of any collective agreement in place. I recognize that any terms and conditions of the attached employment contract are considered null and void if they are less favourable to the temporary foreign worker than the standards stipulated in the relevant Labour Standards Act.

I am compliant with, and agree to continue to abide by, the relevant federal/provincial/territorial legislation related to the temporary foreign worker’s recruitment applicable in the jurisdiction where the job is located. I declare that all recruitment done or that will be done on my behalf by a third party was or will be done in compliance with federal/provincial/territorial laws governing recruitment. I am aware that I will be held responsible for the actions of any person recruiting temporary foreign workers on my behalf.

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SIGNATURE OF EMPLOYER

I have read and I understand the Personal Information Collection Statement found at the beginning of this application. I declare that the information provided in this application is true and accurate.

SIGNATURE OF THIRD PARTY (if applicable)

I declare that the information provided in this application is true and accurate to the best of my knowledge.

Signature of Third Party Representative		Printed Name of Third Party Representative

Date (YYYY-MM-DD)

INFORMATION FOR EMPLOYERS

Please forward this application to the Service Canada Centre responsible for processing foreign worker applications.

For the list of appropriate centres, please consult our website at:

hrsdc.gc.ca/eng/workplaceskills/foreign_workers/listhrcc.shtml

Once the application is assessed, the employer will be notified of the decision.

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APPOINTMENT OF REPRESENTATIVE

To Human Resources and Skills Development Canada (HRSDC)/Service Canada

FOR THE PURPOSE OF A TEMPORARY FOREIGN WORKER APPLICATION (Labour Market Opinion).

I,		, residing at

(name of employer)

(full address)

Telephone Number:		Fax Number:

hereby appoint

(name of representative and business name)

of

(full address)

Telephone Number:		Fax Number:

as my representative to act on my behalf in order to obtain from HRSDC/Service Canada a labour market opinion relating to

(name of individual to whom employment has been offered)

I, hereby, agree to ratify and confirm all that my representative shall do or cause to be done by virtue of this appointment.

This appointment shall remain in full force and effect only for the processing of this application, unless due notice in writing of its revocation has been given to HRSDC/Service Canada.

(signature of employer)

(print name of employer)

(date) (YYYY-MM-DD)

(signature of witness)

(print name of witness)

Personal Information is administered in accordance with the Privacy Act. It will be retained in Personal Information Bank HRDC PPU 440. Individuals have the right to access their personal information. For instructions, please consult the government publication Info Source found in Service Canada Centres and available at the following address: infosource.gc.ca.

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