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Temporary Foreign Worker Program
Manitoba’s "Worker Recruitment and Protection Act" and Changes to HRSDC/Service Canada’s Labour Market Opinion Application Process
Questions and Answers
1. What is the Worker Recruitment and Protection Act (WRAPA)?
2. How does this provincial legislation relate to the Labour Market Opinion (LMO) and Arranged Employment Opinion (AEO) process?
3. What happens if a valid, original Certificate of Registration does not accompany the LMO/AEO application?
4. What if there is a significant or material variance between the LMO/AEO application and Certificate of Registration?
5. How can employers registration under WRAPA?
6. What form does the Manitoba Certificate of Registration take?
7. How can a third party apply for a license under WRAPA?
8. Does everyone need a license to recruit foreign workers?
9. What are key differences between “employer registration” and “third-party licensing” under the WRAPA?
10. Are the names of licensed third-parties made public?
11. Are employers and third-party recruiters liable for violations of the Act?
12. How does WRAPA apply to Tripartite Employment Arrangements?
13. Where can an employer find further information on registration or licensing requirements?
1. What is the Worker Recruitment and Protection Act (WRAPA)?
Manitoba’s Worker Recruitment and Protection Act (WRAPA) and its regulations that came into effect on April 1, 2009 strengthen and improve protections for foreign workers. Employers involved in international recruitment must register with the province before they apply for an LMO or an AEO and third-parties must be licensed.
The WRAPA strictly prohibits charging fees to workers as part of a recruitment process. It also strengthens enforcement provisions to ensure employers and third-party recruiters comply with its requirements.
2. How does this provincial legislation relate to the LMO and AEO process?
Human Resources and Skills Development Canada (HRSDC)/Service Canada collaborated with the Government of Manitoba to support the implementation of this legislation. Employers to which the legislation applies are advised that proof of registration is required as part of a request for an LMO. In fact, requests submitted without such proof are not processed until the employer has registered with the Province.
In practice, HRSDC/Service Canada verifies that a valid, original Certificate of Registration is submitted when employers apply for LMO/AEOs to hire foreign workers for Manitoba.
A certificate of registration does not determine whether an employer is eligible to receive a LMO/AEO confirmation. This decision is solely determined by HRSDC/Service Canada in accordance with section 82(2) of IRPR.
If a Certificate of Registration is not submitted, HRSDC/Service Canada informs the employer that it can not process his application. It also informs him that his application will be refused if he fails to provide a Certificate of Registration within 15 business days.
The LMO/AEO application will not be processed. The employer must apply for an amended Certificate of Registration from the Government of Manitoba, so both the LMO/AEO application and terms and conditions of the Certificate are congruent. Should the employer fail to provide an amended Certificate of Registration within 15 business days, the employer’s application will be refused.
Material differences may include discrepancies in type of occupation or skill level, number of foreign workers requested and the use of a licenced third-party representative.
When an amended Certificate is required, employers must contact the Government of Manitoba’s Employment Standards Division directly at (204) 945-3352 or employmentstandards@gov.mb.ca.
5. How can employers register under WRAPA?
Employers can register on-line via the Employment Standards website at www.manitoba.ca/labour/standards.
Employers must provide information on their company, the types of positions they want to fill and, if applicable, the third-parties that will be involved in the recruitment process. Third-parties must be licensed as foreign worker recruiters by the Manitoba Employment Standards Branch or exempt from the legislation.
6. What form does the Manitoba Certificate of Registration take?
The Certificate of Registration is a paper document on provincial letterhead with a perforated seal for security. It also includes the signature of an authorized departmental official.
The Certificate is LMO or AEO specific and, although exceptions may exist, valid for a six (6)-month period starting on the date of issuance.
The Certificate of Registration contains the following information:- Number of workers approved;
- Occupation title(s);
- Source country(ies);
- Name of the approved Foreign Worker Recruiter; and
- Certificate of Registration expiry date
7. How can a third party apply for a license under WRAPA?
The third party must be either a member in good standing of a provincial or territorial bar association, the Chambre des notaires du Québec or the Canadian Society of Immigration Consultants.
Application forms are available from the Employment Standards Division at (204) 945-3352 or www.manitoba.ca/labour/standards/forms.html.
The third party is not required to submit a copy of his license with the LMO/AEO application. HRSDC/Service Canada does however verify if the third party is listed on an employer’s Certificate of Registration.
8. Does everyone need a license to recruit foreign workers?
An agency of a government or a municipality (e.g., Mexican and Caribbean governments acting as third-parties under the Seasonal Agricultural Worker Program).
A person who finds employees for their employer (e.g., a company’s Human Resources Specialist).
A person who does not receives a fee to find employment for a family member (e.g., an immediate family member who is appointed as third-party representative under the Live-in Caregiver Program.
Employers do not pay a fee to register or apply for an amended Certificate of Registration. The application fee for a licence for a third party is $100.00.
A third party’s licence is valid for one year and it must be renewed prior to the expiry date. A third party must provide an irrevocable letter of credit in the amount of $10,000.00 before he can receive a licence. Should it be found that a worker was charged by a licensee, this money will be used to return the illegal fees to the foreign worker.
An employer must register with the Manitoba Employment Standards Division whenever he wants to apply for a LMO/AEO (i.e., the Certificate of Registration is LMO or AEO-specific). A third-party licence is an individual licence that applies only to the applicant. It is not transferable.
10. Are the names of licensed third-parties made public?
Yes the names of all licensed third-parties are posted on a Licence Registry on the Employment Standards Website at www.manitoba.ca/labour/standards. If third-parties are not on this list, they are not licensed by the Government of Manitoba.
11. Are employers and third-party recruiters liable for violations of the Act?
Yes. Employers and third-parties are prohibited from ever charging or collecting a fee (directly or indirectly) from a foreign worker.
Employers are liable for recruitment fees charged to a foreign worker by an unlicensed recruiter, or if recruiting directly. Third-parties are also liable for charging recruitment fees.
12. How does WRAPA apply to Tripartite Employment Arrangements?
In tripartite employment relationships, a worker’s services are supplied to an employer by an agency that was hired by the employer. The agency “hires” the worker and assumes some of the responsibilities and obligations of the employer such as paying the wages or salary of the worker. Under WRAPA, the employer must apply for a Certificate of Registration, and the intermediary or agency must be licensed as a third-party representative.
13. Where can an employer find further information on registration or licensing requirements?
Interested parties can contact the Employment Standards Division at (204) 945-3352 or employmentstandards@gov.mb.ca. They can also visit their Web Site.
