Ethical Recruiting
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Preface:

Ethical Recruiting answers the need for an accountable and responsible system for bringing foreign workers to Canada, protecting the rights of the workers and the reputations and business interest of the employers who wish to hire them. Through the participation of Authorized Representatives at all stages of the process, workers can be confident that they will have the best chance of success in Canada, while employers will know that they can concentrate on their business, and protect their reputation.

Authorized Representatives:

ARs are Canadian lawyers who are members in good standing of Provincial Law Societies or Consultants who are members of The Canadian Society of Immigration Consultants (CSIC).

ARs must carry Errors and Omissions Insurance, have Trust Accounts for client monies, and abide by Rules of Professional Conduct.

ARs are subject to non-judicial Complaints and Discipline processes which are designed to protect the consumers of their services.

What does the Authorized Representative Do?

  • Suggest appropriate strategies and tactics to the employer to help meet the employers' needs,
  • Handle all funds in the process through their trust accounts, preventing both bad recruiters and bad employers from profiting from the process,
  • Deal with Visa Offices on all issues from the standpoint of understanding the process and knowledge of the law,
  • Deal with HRSDC on all issues surrounding the issuance of LMOs,
  • Select Recruiters in other countries to ensure compliance with Canadian law,
  • Protects the rights of the workers individually both before and after coming to Canada,
  • Provides settlement services once in Canada,
  • Facilitates the re-unification of families in Canada
Selection of Recruiters:

Canada is fairly late to the importation of foreign workers in large numbers. Nevertheless, there is a well established, unregulated industry operating in a few source countries, exporting labour to the United States, the Gulf, Europe, as well as Cruise Lines and other Hospitality sectors. These recruiters typically charge both employers and workers fees for sourcing jobs. In recent years, many abuses have been reported, which has caused Canadian governments in several provinces to enact legislation that prohibits the practice of a worker paying for a job.

There is also an In-Canada recruiting industry, also unregulated, who normally source high salaried employees or temporary workers such as office admin personnel. Some of them are branching out into the foreign worker market, but have no understanding of the immigration issues. Also, it is normal for these companies to take a portion of the wage paid the worker for their fees, which is not allowed for foreign workers.

Under the Ethical Recruiting Program, Recruiters must be recommended by a CAPIC member, who has evaluated their business practices and can assure an employer that the recruiter operates within the limits of Canadian Law.

Worker Protection:

While the process of obtaining either an LMO or an ELMO, the Company is the client of the AR. However, once the Work Permit process begins, the Applicant (worker) becomes the client of the AR. As such, the AR must insure that the worker is advised of his rights both before and after arrival in Canada, which serves to separate the worker from the employer in the eyes of CIC.

Myths, Fantasies, and Frauds:

Recent reports of fraud have been well documented, including: several Indian skilled workers paying $15,000 each for jobs near Edmonton which either were not there, or which paid lower than promised wages; Chinese hog plant workers paying recruiters such high fees that they had to apply for welfare while working in Canada; Filipino welders being refused employment in Canada after coming to Canada having borrowed thousands of dollars from family and friends to pay recruiting fees.

One of the reasons these frauds occur is that it is not the normal practice of CIC or HRSDC to police their programs. Neither has any enforcement capacity, but instead rely on local authorities or the CBSA (Canada Border Services Agency) who remove workers, from Canada but cannot police employers. Therefore, Visa officers have a very negative attitude about applications for Work Permits, and will deny them unless highly satisfied with all the requirements. Authorized Representatives are very familiar with the attitudes of Visa officers and work with them on a continual basis to understand their concerns.

It is a myth that coming to Canada to work is "easy". The process outlined above is evidence of that.

Benefits to Companies from Ethical Recruiting
  • ARs have extensive experience dealing with various Visa Posts. Visa Posts are denying more applications for Work Permits than ever before,
  • Client funds are protected by rules governing the use of Trust Accounts,
  • ARs can advise applicants on all immigration options including Provincial Nominee Programs,
  • ARs are obliged to stay up-to-date on all developments in CIC and HRSDC. For example, the new Canada Experience Class, about to be announced,
  • Only ARs can handle ongoing problems with CIC after applications are filed,
  • ARs are experienced in helping newcomers to Canada to be better established once they are in Canada, having helped tens of thousands of their clients become successfully established.

For further inquiries regarding recruiting and/or hiring foreign workers,
please contact Aptus Immigration at +1-416-623-8251.