HAC Presentation BETSY KANE - Hiring International Pilots

HAC 27th Annual Convention
and Trade Show
November 3, 2022
Hiring internationally Trained
Pilots in Canada- Leveraging
Canada Temporary work
programs to meet your needs.
Betsy Kane, C.S. Certified by the Law
Society of Ontario as a Specialist –in
Canadian Immigration Law
Capelle Kane Immigration Lawyers
Ottawa
www.capellekane.com
@betsy_kane
Betsy Kane, C.S. | LinkedIn

Temporary Foreign Worker Streams
International Mobility
Program (IRCC)
• Francophone Mobility Program
• Free Trade Agreements
• Reciprocal Employment
• International Experience Class
• *Can seek a positive opinion on
eligibility from IMWU for visa
exempt foreign national
Labour Market Impact
Assessment - LMIA
(EDSC)

International Mobility Program (IMP)
means LMIA exempt
Employer must first register as
employer with IRCC for an
Employer Portal account.
Employer must ensure terms of
employment are detailed and
wholly accurate.
Selection of NOC code
mandatory.
Duration of employment must be
specified. Very important for
seasonal contracts. Only file term
of employment to correspond
with duration of contract or
employment agreement.
Employer compliance obligations
must be attested to for offer to
be filed.
Employer compliance fee must
be paid for each international
hire and proof of payment given
to worker for work permit
application.
Portal generates offer number.
Must take screen shot or .pdf of
offer number and give to worker
for work permit application.
#A1232456
Functionality of employer portal
is erratic. System often down.
User support from IRCC poor and
very delayed. Can compromise
work permit application date.

Employer’s
role in the
process
• Sign up for the IRCC employer portal to be authorized to hire foreign workers
• https://www.canada.ca/en/immigration-refugees-citizenship/corporate/partners-
service-providers/employer-portal.html
• File precise terms of the Offer of Employment with IRCC. Ensure detailed
explanation of how worker meets the application requirements and position clearly
falls under a NOC code. Can upload proof of credentials and NOC when submitting
terms of employment to IRCC but not mandatory.
• Ensure you reference Work Permit Category cod, i.e. C16, T24, etc.
https://www.canada.ca/en/immigration-refugees-
citizenship/corporate/publications-manuals/operational-bulletins-
manuals/temporary-residents/foreign-workers/exemption-codes.html
• Pay the Employer Compliance Fee of $230. This is a fee imposed on employer when
hiring through the International Mobility Program (IMP) where testing the labour
market is not part of the work permit application process for employers. Fee is
responsibility of the employer and cannot be passed on to the employee.
• https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1186&top=17
• Screenshot of payment receipt following processing of credit card must be taken as
IRCC does not issue an official receipt on filing and worker must include copy of fee
receipt when filing application on-line.
• Once Offer of Employment is filed, Employer must screenshot Employment queue
showing application as filed and “A” number associated with the Offer (number
starting with letter “A”).

Practical Tips
• Employer portal frequently plagued by
technical glitches.
• May need to try accessing portal using
different browsers.
• May need to clear browser history
before retrying to file offer.
• Don’t leave it until the last possible day
to file the Offer of Employment. This could
leave applicant unable to make application
for work permit on the day and time
planned.
• If portal down, worker is unable to apply
for work permit (on-line or at a port of
entry).
• Portal deactivated after 2 years without
use. Reactivation can take weeks to
months. Login into your employer at least
once annually to keep it active.

•Apply for a work permit to IRCC on-line from outside of Canada
How to Apply?
•Apply for a work permit at the port of entry (Airport/Land Border) where eligible
Apply
•Include offer number from Employer Portal and Receipt for Employer Compliance
Fee $230
Include
•Provide as much evidence as possible to demonstrate they are a habitual French
speaker
Provide
•Provide evidence that they have credentials + license + experience to carry out the
duties
Provide
•Include signed employment agreement and job description
Include

How to apply
Duration of request for work permit must coincide with the length of the
employment agreement/contract. No maximum duration under FMP.
Renwal applications. Same evidence. New Offer of Employment and
Application number + Compliance Fee required.
Work permit can be applied for at the border or airport with substantial
supporting documentation.
Representative can apply on behalf of foreign worker.
Apply on-line using MyCIC account
citizenship/services/application/account.html

How to secure long duration work permit?
PASSPORT EXPIRY DATE KEY
Employer specifies duration of the
offer of employment in the
employer portal job details
section.
Employee specifies duration of
work in Canada on their work
permit application

How to recruit from outside of Canada?
Use the support offered by Destination Canada
Participate in Canadian Embassy Outreach Programs to
assist employers with recruitment for jobs in Canada
Advertising on international recruitment platforms
Specify seeking highly proficient French speaking
candidates to try attract Francophones for C16 WP
Specify that employer will support work permit
application for French speaking applicants

Helicopter Pilots
National Occupational Classification (NOC) 2271 Air Pilots,
Flight Engineers and Flying Instructors
NOC 72600 – Air pilots, flight engineers and flying instructors.
NOC Skill Level “B”
NOC “TEER 2” NOVEMBER 2022
NOC 2271 Prevailing Median Wage $44.87
TO BE UPDATED NOVEMBER 14, 2022

Francophone
Mobility Program
(C16
category)
Free advertising and recruitment support through
Destination Canada + Canadian Embassy in Paris.
LMIA exemption for NOC skill level 0, A, or B
Employment must be outside of Quebec
Language of work does not have to be French
Must prove habitual language of daily use is French
No requirement to pay prevailing wage
Up to 5-year work permit

FRANCOPHONE MOBILITE PROGRAM EMPLOYER SUPPORTS
PARTICIPATE IN MOBILITY FORUM
The Destination Canada Mobility
Forums are annual event organized
by the Government of Canada in
Paris and Brussels. It connects
Canadian employers and
organizations with skilled French-
speaking candidates in various fields.
(participate in person or virtually)
Government of Canada will assist in
recruitment in Europe and Africa to
help you attract Francophone
candidates for positions in Canada
that are based outside of Quebec.
Government of Canada host
temporary work permit and
permanent immigration seminars for
employers and prospective
employees.
Extremely helpful service for
Canadian employers: FREE
Recruitment Fairs in France +
Morocco November 2022

Destination Canada – Mobility Form
The November 2022 edition of the Destination Canada Mobility Forum focuses on Francophone immigration information and networking
for candidates. The objective is to inform and prepare participants to live and work in Canada.
Canadian employers are not direct participants at the November 2022 Forum. For hiring, 2 recruitment fairs will follow, in early 2023.
However, you can communicate your job offers to representatives of your province or territory, city or region, or to a local economic
development organization who will be at the forums as exhibitors.
Helping you find the right candidates
By submitting your job offers to participating exhibitors in your region, the forum gives you access to a pool of qualified candidates from
around the world.
The following sectors have high potential for qualified candidates says the Government of Canada:
Aeronautics and Avionics
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-permanent-foreign/french-speaking-bilingual-
workers-outside-quebec/destination-canada/employers.html

Destination
Canada –
Mobility
Forum
Two targeted recruitment fairs in 2023
These fairs will focus on priority sectors with identified needs and
where Francophone and bilingual candidates are in demand.
Destination Canada IT, in January 2023
Destination Canada Hotel, Restaurant and Tourism, in March 2023
Register
Registration for the virtual recruitment fairs will start in December
2022.
If you have any questions, please send an email
to parisdestinationcanada@international.gc.ca.

All French speaking countries
France Belgium
Luxembourg
Switzerland
Andorra
Romania Monaco
Algeria Morocco
Tunisia
Benin Burundi
Cameroon Cote
d’ivoire D.R. Congo
Gabon
Senegal Seychelles
Madagascar
Mauritius Togo
Guadelope
Martinique Saint-
Barthélemy Saint-
Martin
Any French
speaker in any
country qualifies

Duration of work permits under
Francophone mobility program +
Transition to permanent residence status
No Cap
• Up to 5 years can be
requested
Approve
• Regularly approve for 4 years
Time
• More time to convert to
permanent residence status

Reciprocal Employment - C20 Category
Admission of foreign workers where reciprocity is demonstrated by the Canadian employer – result in
neutral labour market impact
Proof of Reciprocity - Global Mobility Policy or exchange agreement with foreign company or proof
of sending employees abroad * some visa offices want to see employment for company abroad
before transfer to Canada
Canadian pilots go posted abroad allows for foreign pilots to come to Canada on reciprocal basis
Does not need to be precise one-for-one reciprocity assessment - Flexible
No requirement to pay prevailing wage

International Experience Class (IEC)
Follow @IEC_EIC
Eligibility is
based terms of
bilateral
agreements with
specific countries
or through
Recognized
Organizations
Age ranges
between 18-30
or 18-35
depending on
specific country
Duration of work
permit depends
on program
generally 1-2
years
Open: Any
employer
Working Holiday
Program – open
work permit
Student Work
Abroad Program
SWAP
Recognized
Organization
Young
Professional
Program –
Employer
Specific –
Can participate
twice per
country specific
programs.

IEC Participating Countries
18-35 years
• Andorra
• Australia
• Austria
• Belgium
• Chile
• Costa Rica
• Croatia
• Czech Republic
• Denmark
• Estonia
• France
• Germany
• Greece
• Hong Kong
• Ireland
• Italy
• Japan
• Latvia
• Lithuanuia
• Luxembourg
• Mexico
• Netherlands
• New Zealand
• Norway
• Poland
• Portugal
• San Marino
• Slovakia
• Slovenia
• South Korea
• Spain
• Sweden
• Switzerland
• Taiwan
• Ukraine
• United Kingdom
Recognized
Organizations
/
• Brazil
• India
• United States

High Wage Labour Market Impact Assessment
LMIA Stream for Helicopter Pilots. Good Option-
Not high uptake by employers in the sector.
Requires full-time
employment (at least 30
hours/week)
Must pay median prevailing
wage as per Job Bank for all
regions where working –
Wages increasing effective
November 14, 2022.
$44.87+++
Must advertise for 30 days
per EDSC strict advertising
requirements
Temporary High Wage or
Permanent LMIA
Processing time depends on
region where position is
located and whether
permanent or seasonal
employment
$1000 government
processing fee per worker
Max 3-year work permit for
high-wage

LMIA Advertising Requirements for High Wage Stream
Advertise in min 3 places for 30-days in 3 months prior to submitting LMIA
Minimum of one advertisement must remain posted until LMIA
approved- can keep renewing National Job Bank ad
Must advertise on National Job Bank
Must use Job Bank job match service and invite all with 4* stars or more
in first 30 days to apply
Need proof of continuous advertising (dated screen shots + invoices +
.pdf copies of all ad including posting dates)

LMIA
Advertising
requirements
• All advertisements must include:
• company operating name
• business address
• title of the position
• job duties (for each position, if advertising is for more than one
vacancy)
• terms of employment (for example, project based, permanent
position)
• language of work
• wage (must include any incremental raises, performance pay or
bonuses) a wage range can be used for the purposes of
complying with the advertisements. However, the minimum
wage in the range must meet prevailing wage
• benefits package offered (if applicable)
• location(s) of work (local area, city or town)
• contact information, including telephone number, cell phone
number, email address, fax number, or mailing address
• skills requirements (includes education and work experience)
• EDSC additional specific advertising requirements for pilots

LMIA specific requirements for
Pilots
 Employers hiring under the NOC 2271 under the TFW Program must meet the
minimum advertising requirements for high-wage occupations; and specify the
following criteria in their job postings:
 no more than a maximum of 4,000 flight hours for a First Officer and
5,000 hours for a Captain as required experience
 possess a valid commercial pilots’ licence
 require English and/or French language proficiency
 include industry standard medical testing requirements for commercial
flight
 state both the legal and common names of the airline operating in
Canada
 not include as an essential or asset requirement the necessity of holding
a type rating for a specific type of aircraft. However, requiring applicants
to have experience flying equipment that is similar in configuration and
complexity to the airline’s fleet is considered acceptable
 indicate when training bonds will be applied and they must cover a
minimum of two years employment

Aircraft
Instrument,
Electrical and
Avionics
Mechanics,
Technicians and
Inspectors {AME}
(NOC 2244 B)
National Occupational Classification (NOC) 2244
Aircraft Instrument, Electrical and Avionics
Mechanics, Technicians and Inspectors - NOC Skill
Level B
22313 – Aircraft instrument, electrical and
avionics mechanics, technicians and inspectors
- Teer 2
NOC 2244 Prevailing Median Wage as per Job
Bank. Average in Canada $36.00 – Change on
November 14, 2022

(NOC 2244 B)
Aircraft Instrument, Electrical and Avionics Mechanics, Technicians and Inspectors [AME}
Specific Employment requirements:
Aircraft instrument and avionics
mechanics and technicians
require completion of a two- to
three-year college program in
avionics or electronics.
Aircraft electrical mechanics and
technicians require completion of
a college program as an electrical
or electronic technician.
Four years of on-the-job or
company apprenticeship training
is required for all mechanics and
technicians in this unit group.
Avionics inspectors require
completion of a two- to three-
year college program in avionics
or electronics and three to five
years of experience as an avionics
mechanic or technician.
Avionics inspectors, mechanics
and technicians who sign
maintenance releases and certify
airworthiness require an Aircraft
Maintenance Engineer's (AME)
licence (category E – avionics)
issued by Transport Canada.
Industry certification is available
from the Canadian Aviation
Maintenance Council for some
occupations in this unit group.
In Quebec, membership in the
regulatory body is required to
use the title of Professional
Technologist.

Aircraft Assemblers +
Assembly Technicians
NOC 9521 C
Today
NOC 9521 > NOC C > Low Skill Level
Prevailing wage: Canada $29.09
November 14, 2022
Prevailing wage: Canada to change> #increase
November 16, 2022
NOC 93200 > Teer 3 > High Skill Level
NOC 9521 – NOC C
Transitioning to Teer 3 on November 16,
2022, under new NOC 2021 system.
Occupation level will be elevated under
the new NOC 2021 system; opening up
easier pathways for work permits and
for securing permanent residence status
in Canada
To be eligible for federal immigration
programs and added provincial
nomination programs.

Aircraft Maintenance
Technicians (AME)
Today
Prevailing wages:
Canada: $36.00
ON $35.53
QC $38.46
AB $38.30 > Calgary $40.28
BC $37.37 > $39.82 Lower Mainland
November 14, 2022
Prevailing wage to change > #increase
NOC 2016 #2244 – Skill Level B
NOC 2021 #22313 – Teer 2
Aircraft Instrument, Electrical and
Avionic Mechanics, Technicians and
Inspectors -includes Aircraft
Maintenance Technician (AME)
Occupation

International Mobility Program
IMP
Francophone Mobility
Program
International Experience Class
Free Trade Agreements
• Comprehensive and Progressive
Agreement for Trans-Pacific
Partnership (CPTPP)
• Canada-Columbia Free Trade
Agreement
• Canada-Peru Free Trade Agreement

Comprehensive
and Progressive
Agreement for
Trans-Pacific
Partnership
(CPTPP)
Australia & Japan
Australian & Japanese (NOC) 2244 Aircraft Instrument, Electrical and Avionics Mechanics, Technicians and
Inspectors
Must pay median prevailing wage
One (1) year work permit
Ability to communicate in English or French
Technicians require both of the following:
•a post-secondary or technical degree requiring 2 or more years of study as a minimum for entry into the occupation, unless other criteria
are provided in the program delivery instructions, as well as any other minimum requirements for entry defined in the NOC
•paid work experience for a length of 4 years in the sector of activity of the contract
Technicians must have theoretical and practical application of a body of specialized knowledge and either
of the following:
•where the occupation is regulated by the province or territory of the applicant’s intended destination, evidence of licensing or
certification in their occupation from the applicable Canadian or foreign regulatory body
•where the occupation is not regulated by the province or territory of the applicant’s intended destination, or where licensing or
certification is not required to fulfill the offer of employment, evidence of study in a field of study related to the specialty occupation
(theoretical) and evidence of paid work experience in the specialty occupation (practical)

Canada-Peru /
Canada-Columbia
Free Trade Agreement
Citizens of Columbia or
Peru
Permanent residents of
Peru
•Aircraft Instrument, Electrical and Avionics Mechanics, Technicians and Inspectors (AME’s) (NOC 2244)
•Mechanical Engineering Technologists and Technicians (NOC 2232)
•Engineering Inspectors, Testers and Regulatory Officers Electrical and Electronics engineering Technologists and
Technicians (includes electronic service technicians) (NOC 2262)
Technicians that are
covered:
Work Permit duration
one (1) year (renewable)

CUSMA
(NAFTA)
Canada +
USA + MEXICO
Free Trade
Agreement
Scientific Technicians and Technologists
prohibited if performing construction trade
work for aircraft industry.
Engineers only:
Aerospace Engineer NOC 2146
Avionics Engineer NOC 2133
Mechanical Engineer NOC 2132
Metalurgical Engineer NOC 2141

Canada-Chile Free Trade Agreement CCFTA
Almost Identical to NAFTA
No limitation on
construction trade work for
Scientific Technicians and
Technologists (i.e.
Engineering Technicians and
Technologists)
Maximum 3-year work
permit and renewable like
NAFTA

Other options
Comprehensive Economic & Trade Agreement (CETA) – EU Region
Out of Warranty / Emergency Repair
Business Visitor - After Sales Service
Business Visitor – Warranty Work

Comprehensive Economic and Trade Agreement
(CETA)
European Union Member State
CETA DETAILS

CETA
Engineering
and Scientific
Technologists
Occupations
2232 Mechanical
engineering technologists
and technicians: only
related to engineering
occupations
2233 Industrial
engineering and
manufacturing
technologists and
technicians
2241 Electrical and
electronics engineering
technologists and
technicians
2262 Engineering
inspectors and regulatory
officers
2231 Civil engineering
technologists and
technicians
2232 Mechanical
engineering technologists
and technicians: only
scientific related
occupations

CETA Criteria
Contractual Service Suppliers
citizens of a European Union
member state
engaged in the temporary supply
of a service for a period not
exceeding 12 months
contracted to provide a service in
accordance with the Annex 10-E
concordance table
Must possess:
•university degree or qualification
demonstrating knowledge of an equivalent
level
•professional qualifications if required to
practice an activity pursuant to the laws or
requirements in the province or territory
where the service is supplied
Contractual service
supplier means an employee of
an enterprise in the EU who has a
contract to supply a service to a
Canadian consumer. The EU
enterprise cannot have an
establishment in Canada.
be engaged in the supply of a
service on a temporary basis as
an employee of an enterprise
which has obtained a service
contract
have been an employee of the
EU-headquartered enterprise for
at least one year prior to
application
possess three years of
professional experience in the
sector of activity that is the
subject of the contract at the
date of submission
not receive remuneration for the
provision of services other than
the remuneration paid by the
enterprise employing the
contractual service suppliers
during their stay in Canada

Many other unique work permit options
Multiple Free Trade Agreements (FTA): Not all canvassed today
Unique circumstances could drive other work permit options, e.g. significant economic or social benefits to
Canada in remote regions. C10 Category.
Global Talent Stream (GTS Cat. A) for unique and specialized skills for any NOC 0 and A occupation to allow
company to grow and scale-up. LMIA program without advertising requirement. Company must agree to offer
measurable labour market benefits such as additional hiring, training employees or growing company revenues.
GTS Category A -need referral from local or provincial designated referral partner. 2-week processing time for
LMIA. Additional 2 + weeks processing for work permit if ineligible to apply at port of entry.

Global Talent
Stream and
the Global
Skills Strategy

How can the
Global Talent
Stream
support the
aeronautics
industry
Global Talent Stream (GTS) offers any type of employer in Canada the opportunity
to recruit international talent worldwide without the need to test the Canadian
labour market for available candidate. GTS has one stream (Category A) where any occupation
can be
approved without the need to advertise if the position is key to the success and growth of the
company.
The government messaging says:
The Global Talent Stream offers timely, responsive and predictable
client-focused service to help you access highly-skilled global talent
to expand your workforce here in Canada and to be competitive on a global scale. This
Stream, which is a part of the Temporary Foreign Worker Program, is designed for
innovative firms in Canada that are referred to Employment and Social
Canada by a designated referral partner and that need unique and specialized foreign
nationals in order to scale-up and grow.
Great option for Helicopter industry. Have tested it for seasonal positions. More n 2023.
https://www.canada.ca/en/employment-social-development/services/foreign-workers/global-
talent.html

Global Talent Stream Requirements:
*Need Referral by Designated Government Partner
*Create Labour Market Benefits Plan in exchange for advertising waiver
*Prepare for audit of Plan
*Implement plan to monitor progress of plan
*Prepare for annual progress reports
Skills of TFW must be unique [easy argument for specialized pilots]
Employer must be innovative with plans for growth and investment
[costs of training + helicopter purchases significant]

Advantage of
using the Global
Talent Stream?
LMIA processing
in 14 days or
less

Global Skills Strategy for
Aviation Sector
Canada has created a Global Skills Strategy. It is designed to help employer secure international
talent to Canada more rapidly than through the regular processing streams.
Employer who are innovative and growing can access a Designated Service Channel on referral by
a Designated Referral Partner. This gives employer access to private immigration officer or
concierge. This service is helpful for employers with questions on the application processes,
delays in processing and other hang-ups that occur while an application is being evaluated by
IRCC or ESDC.
Need to be accepted and approved by Service Canada to obtain the luxury of an immigration
concierge.

Employer’s
obligations
in
Provinces
+
Federal
employer
obligations
Employment Protection of Foreign Nationals Act Ontario (Similar legislation across all provinces)
Federal Employer Compliance Obligations Immigration and Refugee Protection Regulations
https://www.ontario.ca/laws/statute/09e32
https://www.ontario.ca/page/employment-rights-and-obligations-foreign-nationals
The EPFNA prohibits recruiters and employers from:
 charging employers any fees or recovering any costs, including any related to hiring foreign worker
(with one exception related to some seasonal agriculture workers)
 Taking foreign worker property and documents, such as passport or work permit
 intimidating or penalizing foreign worker for asking about or asserting rights under the EPFNA
 using the services of a recruiter that employer knows has charged an unlawful fee to a foreign national
 New Federal Regulations governing employers - Sept. 26/22
 Co-signed employment agreement mandatory
 Ensure all information in offer matches data Imported into employer
portal
 Not charge or recover costs of related to recruitment or hiring
 Secure private health coverage during 90-day OHIP waiting period, when
and if re-instated
 Time off + resources to secure medical attention, ex. Ambulance, 911
 Access to medical support – walk-in clinic , Hospital ER
 Notification of rights as foreign worker in Canada + Provincially/Territories
 Workplace free of abuse or coercion or intimidation

https://www.capellekane.com/ontario-employment-
protection-foreign-nationals-act-epfna-new-rules-prevent-ontario-
employers-recouping-expenses-associated-hiring-foreign-workers/
manuals/temporary-residents/foreign-workers/work-without-
permit/employer-compliance-inspections.html
citizenship/services/work-canada/employers-non-compliant.html
manuals/temporary-residents/foreign-workers/eligibility/public-list-
employers-who-have-been-non-compliant.html

Get your Position
Across
™
Betsy Kane B.A. LL.B. C.S.
Recognized by Law Society of Ontario as Expert in
Canadian Immigration Law
Who’s Who Legal ™
Best Lawyers™
Lexpert™ ranked
Chambers and Partners ™
Twitter: @betsy_kane
LinkedIn: https://www.linkedin.com/in/betsy-kane-c-s-
6a211314/
Capelle Kane Immigration Lawyers
360 Ravenhill Avenue East, Ottawa, ON, K2A 1S5
Website: http://www.capellekane.com/

HAC Presentation BETSY KANE - Hiring International Pilots

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