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Sunday 16 September 2012

New Semi-Skilled Worker Category language criteria as of July 1, 2012



New Semi-Skilled Worker Category language criteria as of July 1, 2012
Language criteria for all semi-skilled workers (NOC C and D occupations) have changed. The language requirements are now the same for all occupations and industries in this category.
If you are a semi-skilled worker who arrived in Canada as a Temporary Foreign Worker on or before July 1, 2012, and your application is postmarked on or before December 31, 2012, you and your Alberta employer may apply under the:
If you are a semi-skilled worker who arrived in Canada as a Temporary Foreign Worker after July 1, 2012 you must meet the new criteria listed below.
All semi-skilled category applications postmarked on or after January 1, 2013 will be assessed using the new criteria listed below.

Semi-Skilled Worker Category Criteria (includes but is not limited to):

Alberta Employer criteria

As an Alberta Employer in the Semi-Skilled Worker Category, you must:
  • Be incorporated or registered by or under an act of the legislature of a province or the Parliament of Canada and operating as a business that has an established production capability, plant or place of business in Alberta.
  • Be operating in an industry that is one of the five industries currently eligible under the AINP Semi-Skilled Worker Category and provide a job offer to the Candidate for permanent, full-time employment in an eligible semi-skilled occupation.
  • Provide a job offer to the Candidate that meets Alberta's employment and wage standards.
  • Provide a job offer to the Candidate that does not conflict with existing collective bargaining agreements. The AINP will not approve an application if there is a labour dispute in progress that may involve, directly or indirectly, either the employer or the candidate.
  • Have a Labour Market Opinion (LMO) Confirmation for the Candidate and meet all the conditions of the LMO.
    • For the occupation of Front Desk Agent/Clerk (NOC 6435) ONLY - if the Candidate is working with the Alberta Employer on a Post-Graduation Work Permit an LMO is not required.
  • Submit to the AINP a Candidate who meets all job requirements and AINP criteria.
  • Show a plan outlining your approach to accommodation, settlement, and retention for the Candidate
  • Make sure you meet additional criteria required for your industry:

Eligible Industries and Occupations

The following is a list of eligible industries for semi-skilled workers under the AINP Semi-Skilled Worker Category, along with eligible occupations within those industries with their National Occupation Classification (NOC) codes.

Industry: Food and Beverage Processing

Eligible occupations:
  • Food and Beverage Production Worker (NOC 9617)
  • Bakery Production Worker (NOC 9617)
  • Food and Beverage Processing Equipment Cleaner (NOC 9617)
  • Industrial Butchers and Meat Cutters (NOC 9462)
  • Poultry Production Workers (NOC 9462)

Industry: Hotel and Lodging

Eligible occupations:
  • Food and Beverage Servers (NOC 6453)
  • Room Attendants (NOC 6661)
  • Front Desk Agent/Clerk (NOC 6435)

Industry: Manufacturing

Eligible occupations:

Industry: Long-haul Trucking

Eligible occupations:
  • Long-Haul Truck Driver (NOC 7411)

Industry: Foodservices (pilot project)

Eligible occupations:
  • Food and Beverage Servers (NOC 6453)
  • Food Counter Attendants (NOC 6641)
  • Kitchen Helpers (NOC 6641)

Candidate criteria

As a Candidate in the Semi-Skilled Worker Category, you must:
Meeting the criteria listed above does not guarantee a nomination or permanent residence.

Industry-specific criteria – food and beverage processing

As an Alberta Employer in the food and beverage processing industry, you must also:
  • Operate an agricultural-based industrial food processing plant. In collaboration with the AINP's partner ministry, Alberta Agriculture and Rural Development (AARD), this program has been established to assist with labour shortages in industrial food processing plants. Retail establishments are not considered part of the food processing sector for which this category was created and are not considered eligible employers under this AINP category.
  • Have satisfactory recruitment strategies, employment policies and practices, retention and settlement in order to qualify for allocations.
As a Candidate in the food and beverage processing industry, you must also:
  • Complete an interview with Alberta Agriculture and Rural Development (AARD) staff and be able to satisfy AARD regarding your suitability for the AINP.
  • Have a total of three years of full-time work experience in your home country prior to arriving in Canada in a physically demanding job similar to that found in the food and beverage processing industry.
  • Be employed in Alberta for a minimum of six months before applying to the AINP.

Industry-specific criteria – hotel and lodging

As an Alberta Employer in the hotel and lodging industry, you must also:
  • Be a member in good standing with the Alberta Hotel and Lodging Association (AHLA) and adopt the association's practices with respect to hiring and employing temporary foreign workers.
  • Be aware that you are eligible for a maximum number of allocations per calendar year forFood and Beverage Servers and Room Attendants based on the total number of rooms at a property. Allocations can be for Food and Beverage Servers and Room Attendants or a combination of both. Allocations are as follows:
    • 1 - 50 rooms = 2 allocations/calendar year
    • 51 - 100 rooms = 4 allocations/calendar year
    • 101 - 150 rooms = 6 allocations/calendar year
    • 151 - 200 rooms = 8 allocations/calendar year
    • 201- 250 rooms = 10 allocations/calendar year
    • 251 - 350 rooms = 12 allocations/calendar year
    • 351 - 400 rooms = 14 allocations/calendar year
    • 401 - 450 rooms = 16 allocations/calendar year
    • 451 rooms or more = 18 allocations/calendar year
  • Be aware that you are only eligible for one allocation per property, per calendar year for the occupation of Front Desk Agent/Clerk.
  • Have satisfactory recruitment strategies and conditions, employment policies and practices, retention and settlement in order to qualify for allocations.
As a Candidate in the hotel and lodging industry, you must also:
  • Have a total of three (3) years of work experience in a job directly related to the hotel and lodging industry (abroad and/or in Canada).
  • Be employed in Alberta for a minimum of six months before applying to the AINP.

    Industry-specific criteria – manufacturing industry

    As an Alberta Employer in the manufacturing industry, you must also:
    • Have satisfactory recruitment strategies and conditions, employment policies and practices, retention and settlement in order to qualify for allocations.
    As a Candidate in the manufacturing industry, you must also:
    • Have a minimum of four years of work experience in a job similar to the employer's type of business prior to arriving in Canada.
    • Be employed in Alberta for a minimum of six months before applying to the AINP.

    Industry-specific criteria – long-haul trucking industry

    Definition of long-haul and short-haul truck drivers
    Long-haul: Drivers depart for destinations thousands of kilometres away from home. They cross inter-provincial boundaries and travel over international routes across North America. Drivers are away from home for several days per week or weeks at a time. A long-haul driver is one who operates a tractor-trailer combination vehicle and hauls commercial goods over long distances.
    Long-haul truck drivers are eligible under the AINP.
    Short-Haul: Drivers typically leave home or the terminal in the morning and travel to destinations within a half day's or one day's drive; they make numerous stops to pick up and deliver goods over a relatively short distance.
    Short-haul truck drivers are not eligible under the AINP.
    As an Alberta Employer in the long-haul trucking industry, you must also:
    • Have satisfactory recruitment strategies and conditions, employment policies and practices, retention and settlement in order to qualify for allocations.
      • Allocations will also be based on the number of temporary foreign workers approved under a Labour Market Opinion (LMO), size of company and number of long-haul drivers and past performance (retention rates).
      • A company will not receive an allocation larger than the number of foreign drivers for which the company has received an LMO.
      • Allocations will be based on 10 to 15 per cent of the number of long-haul drivers employed by the company.
      • A review of the retention rate of the company with previous allocations will be conducted. Companies with retention rates of less than 50 per cent may not receive a full yearly allocation. These companies will have to demonstrate improved recruitment and hiring practices.
    • Provide information regarding recruitment activity and supporting documentation that demonstrates that the foreign trained driver is aware of the scope of their employment, which includes duration of long-haul trips taken, mileage, normal amount of days away from home, and anticipated annual salary.
    • Show the Candidate has received in-Alberta training. If you provide the training, details of the training program must be provided, including training content, hours of training provided in a classroom and supervised road training, testing methodology, and results.
      • If the training is provided by a third party, a copy of the program syllabus must be provided including hours of classroom and supervised road training, testing methodology and results.
      • The in-Alberta training and supervision must certify familiarity with traffic laws, documentation requirements (record of loads, vehicle maintenance log books, mileage, etc.) and areas of specialization (hazardous goods, mountains, winter driving conditions, running in major metropolitan areas etc).
    • Show that Candidates have prior driving training and related experience in a professional capacity.
    As a Candidate in the long-haul trucking industry, you must also:
    • Be working for your Alberta Employer as a long-haul truck driver (refer to definitions above)
    • Show you have a valid Alberta Class 1 driver's license and are eligible to meet provincial regulations.
    • Provide a copy of your foreign driver's license which indicates C+E certification (if from Europe).
      • Both parts of the license must be provided. If the driver's license is not in English, it must be translated by a certified translator.
    • Be employed in Alberta for a minimum of six months before applying to the AINP.
    • Have driven in a professional capacity before coming to Canada and provide sufficient credible documentation to demonstrate your previous driving related training (hazardous goods, etc.) and work experience.
      • You must provide reference letters on company letterhead, dated, and signed with the title or position of the individual from the company who is providing the reference. E-mail letters are acceptable if they are sent from the e-mail account of the company that is providing the references (not hotmail, gmail or yahoo accounts). The letter must state the occupation of the employee, either HGV/LGV driver, and/or describe the work they performed which clearly indicates the equipment that was driven (articulated, semi, reefer, tanker, etc.).
      • Preference will be given to drivers who can demonstrate a minimum of three out of the last five years' work experience as a HGV/LGV driver.

    Industry-specific criteria – foodservices industry (pilot project)

    The Alberta Immigrant Nominee Program (AINP), in consultation with the Canadian Restaurant and Foodservices Association (CRFA), has introduced a pilot project to address labour challenges faced by the foodservices industry in Alberta.
    When the AINP announced the Semi-Skilled Foodservices Industry (Pilot Project), the AINP stated the Pilot would be limited to 600 nomination allocations for the three eligible occupations of Food and Beverage Server, Food Counter Attendants, and Kitchen Helpers. The AINP indicated at that time that once the nomination limit was met the pilot project would be evaluated based on a number of criteria and factors, with additional allocations possibly made available pending the outcome of the pilot project assessment.
    The AINP has started the evaluation process. In order to support the foodservices industry to meet its labour needs, the AINP will keep the Pilot open. The AINP will continue to accept and process applications and issue nominations for the three occupations until the evaluation process has been completed.
    The AINP anticipates the evaluation process will be completed in late 2012. Once the evaluation is concluded, the AINP will make a decision on the continuation of the Pilot. Employers and Candidates should visit the AINP website on a regular basis for updates on the status of this Pilot.
    At this time, applications are currently being accepted.
     As an Alberta Employer in the foodservices industry, you must also:
    • Be aware that you are eligible for only one allocation per restaurant location for one (1) of the three selected occupations (listed above) under this pilot project.
    • Sign an Employer Compliance Declaration Form (PDF) and attach it to your application, responding to each question about the status of your business with the following legislative authorities:
      • Employment Standards Code; Public Health Act; Occupational Health and Safety Act; Workers' Compensation Act; and Human Rights, Citizenship and Multiculturalism Act.
      • You must be in compliance with all legislation. All your answers must be truthful, correct and complete. Failure to completely disclose your current status with any of the applicable legislative authorities will result in the refusal of current and future applications submitted to the AINP on the basis of non-disclosure. The AINP reserves the right to declare you as an employer ineligible to apply under the program for up to 24 months from date of application received for non-disclosure.
    • You are obligated to uphold provincial standards for both workplace health and safety, and offer your candidate(s), for as long as your candidate(s) is/are employed, a sustainable and reliable work environment.
      • The AINP supports all legislation regarding a safe and healthy work environment, and will not approve an employer who does not adequately demonstrate compliance in meeting the AINP criteria and applicable requirements, criteria and/or standards under that legislation
    • Show that accommodations for the Candidate are available at a cost that does not exceed 33 per cent of the Candidate's gross salary.
    As a Candidate in the foodservices industry, you must also:
    • Have a total of three (3) years of work experience in a job directly related to food and beverage services (abroad and/or in Canada).
    • Be employed in Alberta for a minimum of nine (9) months before applying to the AINP.

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