Safety & HCM Post

Contractor Can’t Hire Temporary Foreign Worker to Operate Heavy Equipment

A BC construction contractor wanted to hire a Temporary Foreign Worker (TFW) as a heavy equipment operator but the federal Officer rejected its Labour Market Impact Assessment (LMIA). TFWs are allowed to relieve labour and skill shortages but can’t be used when permanent residents are available to fill the position. The contractor claimed that no such local skill was available, but the Officer disagreed. The contractor’s  requirement of 3-5 years’ experience for the position was excessive and out of whack with industry standards, the Officer reasoned, citing the National Occupational Classification criteria requiring a heavy equipment officer in BC to have: (i) some secondary school education; and (ii) completion of a one- to two-year apprenticeship program or some high school, college or industry courses in operating heavy equipment combined with on-the-job training. The contractor appealed but the court ruled that the decision to deny the LMIA was reasonable [Brocor Construction Ltd. v. Canada (Employment and Social Development), 2019 FC 420 (CanLII), April 8, 2019].

Bongarde Editorial

Bongarde Editorial

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