Newfoundland and Labrador Provincial Nominee Employer Criteria
Provincial Nominee Program applications are accepted from individuals who are employed in the private sector, non-profit, and the public sector of Newfoundland and Labrador. Employers must meet the following requirements in order for an employee’s position to be considered under the Newfoundland and Labrador Provincial Nominee Program (NLPNP):
- ESTABLISHED AND OPERATING IN NL
- The employer must be permanently established in Newfoundland and Labrador, as defined by the federal Income Tax Act (see http://laws.justice.gc.ca/eng/acts/I-3.3/).
- The employer must have operated in Newfoundland and Labrador, under current management, for at least two (2) consecutive years. In exceptional circumstances, the Office of Immigration and Multiculturalism (OIM) may accept applications where the employer has been operating under current management for at least one (1) year. Some exceptions include:
- new business opened following closure/sale of previous successful business
- business engaged with innovation/export markets
- business located in rural region of Newfoundland and Labrador
- EMPLOYS PERMANENT, FULL-TIME EMPLOYEES
- If the business is located within the St. John’s census metropolitan area, then the employer must have at least two (2) permanent, full-time local employees in the staff complement.
- If the business is located outside of the St. John’s census metropolitan area, then the employer must have at least one (1) permanent full-time local employee in the staff implement.
- If the applicant has an ownership stake in the business, then the applicant’s share of ownership cannot exceed 10%.
- HAS A HISTORY OF SOUND WORKPLACE AND BUSINESS PRACTICES
The business must be financially solvent and have a history of sound workplace and business practices, including compliance with all applicable employment, labour, immigration, Workplace Health and Safety (WHSCC) laws and regulations.
- THE JOB OFFER MEETS APPLICABLE LAWS AND REGULATIONS
- The employer must provide a job offer for permanent, full-time employment located in Newfoundland and Labrador in an occupation which falls under one of the five skills levels as per the National Occupational Classifi cation (NOC) system (http://www5.hrsdc.gc.ca/ NOC/English/NOC/2011/SearchIndex.aspx).
- The job offer must meet Newfoundland and Labrador’s employment and wage standards (refer to www.gov.nl.ca/lra/faq/labourstandards.html). Compensation must not be in the form of cash or be solely commission-based.
- Contractual or locum positions (short-term positions usually less than twelve (12) months in duration with little or no possibility of extension) are not eligible for the NLPNP.
- Jobs which are of a seasonal or cyclical nature, or which are considered part-time, are also not eligible.
- Jobs where the employee does not work on the company’s premises (for example, employees who work from home or “virtual” locations and serve the employer by telecommuting) are also not eligible for the NLPNP.
- The job offer must not conflict with any existing collective bargaining agreements. The NLPNP will not accept any application if there is a labour dispute involving either the employer or the applicant.
- RECRUITMENT EFFORTS BY THE EMPLOYER
The employer must demonstrate that sufficient recruitment efforts have been made to hire Canadian citizens or permanent residents before offering the vacant position to the foreign worker.
- AUTHORIZATION TO HIRE A FOREIGN WORKER
The employer must provide proof of authorization to hire a foreign worker by showing either the Labour Market Impact Assessment (LMIA), evidence of the LMIA exemption, or results of the approved Job Vacancy Assessment (JVA).
- if an LMIA exists, then the employer must show compliance with all terms and conditions outlined in the LMIA,
- if the job offer is LMIA exempt, then the employer must show that they are offering wages and benefi ts as per industry standards (please refer to http://www.jobbank.gc.ca/occupation_search-eng.do
- if a JVA exists, then the employer must show compliance with all terms and conditions as outlined in the JVA.
- PUBLIC SECTOR AND NON-PROFIT EMPLOYERS
The NLPNP also accepts applications from individuals who are employed by the following public sector and non-profit organizations that are permanently established in Newfoundland and Labrador:
- provincial and regional health care authorities and agencies,
- public post-secondary education and training institutions,
- provincial/federal/municipal government organizations and agencies; and
- other non-profit groups registered as charitable organizations and incorporated under Part XXI (21) of the Corporations Act RSNL 1990,c C-36, or the Canada Corporations Act RSC 1970,c.C-32, and in good standing. In addition, a non-profi t organization must demonstrate the fi nancial ability and stability to support the position on a long-term basis.
- INELIGIBLE EMPLOYERS
The OIM will not accept applications from individuals who are employed in businesses of an inappropriate nature including those involved in producing, distributing or selling pornographic or sexually explicit products, or providing sexually-oriented entertainment or services. Source: Immigration and Refugee Protection Regulations SOR/2002-227 (as amended) (see http://laws-lois.justice.gc.ca/PDF/SOR-2002-227.pdf)
- EMPLOYER INTERVIEWS
An employer interview will be conducted by a Provincial Nominee Program (PNP) Specialist. During the interview, employers may be asked to provide documentation such as audited financial statements, Workplace Health, Safety & Compensation Commission of Newfoundland and Labrador (WHSCC) letter of good standing or letter of clearance, Canada Revenue Agency Notice of Assessment, and business license.