HR Insights 2023 | Issue 3 by SARC/SARCAN

HR INSIGHTS

2023 Issue #3

SARC’s Human Resources and Labour Relations Newsletter

#21 RECRUITMENT IN THE DISABILITY SERVICE SECTOR

In this issue, consultants from SARC and MLT Aikins discuss topics of recruitment in the Disability Service sector.

Contents Benefits and Challenges of Foreign National Recruitment from Inside Canada

Scott Bell

Emerging Recruitment Needs and Today’s Changing Population

Bobbi Janzen

Recruitment Considerations in a Unionized Workplace

Scott Mostoway

Benefits and Challenges of Foreign National Recruitment from Inside Canada

by Scott Bell

Recent temporary government policies are making it easier than ever for Canadian employers to recruit foreign workers from inside Canada. Although the government has increased the ability of foreign nationals to work, hiring a foreign worker always creates the potential for immigration law issues. This article provides employers with a high-level summary of considerations when hiring foreign nationals already residing within Canada.

Emerging Recruitment Needs and Today’s Changing Population by Bobbi Janzen

Many organizations and sectors across Canada are facing struggles in the areas of recruitment and retention. Dynamics are changing in both the workforce and the population itself. As our society becomes more diverse and the population ages, recruitment needs and strategies to support these factors also change.

Recruitment Considerations in a Unionized Workplace

by Scott Mostoway

Article Contributors About Bobbi Janzen Bobbi identifies and fosters strategic partnerships with education, labour, other workforce organizations, and community partners to address Disability Service sector workforce needs and assists with talent supply and demand. She also leads workforce promotion strategies to connect job seekers to the Disability Service sector. Bobbi applies her background in talent acquisition, recruiting, and disability sector advocacy to this role and connects with our Members to learn more about the sector’s workforce needs. Bobbi is available to consult with SARC’s Regular and Associate Members on their workforce development inquiries, including recruitment and retention strategies, job descriptions, HR policies and procedures, compensation/total rewards, and succession planning.

Bobbi Janzen SARC Workforce Development Coordinator

About Scott Mostoway Scott can assist SARC’s Regular and Associate Members with a variety of LR/HR issues, including progressive discipline, performance management, and duty to accommodate for unionized and non-unionized organizations. He can also provide specific support in collective bargaining for unionized organizations. Accessing this service is free of charge and can minimize organizational risk. Having a quick check-in or a review done before decisions are made can save you time and money in the end. Scott Mostoway SARC Senior Labour Relations Consultant

About Scott Bell Scott Bell practices immigration law with a focus on business and employment-based applications. His clients include private corporations and individuals. Scott has advised various employers and individuals with regard to federal immigration applications, including work permits, Labour Market Impact Assessments, Free Trade Agreement exemptions and permanent residency. He also has experience with applications made through the Saskatchewan Immigrant Nominee Program (SINP) and other Provincial Nomination Programs. A primary focus of his practice is in relation to advising employers on the management of temporary foreign workers and immigration legislation compliance. In addition to employment-based immigration, Scott provides services relating to family-based immigration applications, including spousal sponsorship and inter-country adoption.

Scott Bell Lawyer, MLT Aikins

BENEFITS AND CHALLENGES OF FOREIGN NATIONAL RECRUITMENT FROM INSIDE CANADA Scott Bell

Partner, MLT Aikins LLP

Employers who are actively recruiting for positions in Saskatchewan may have noticed an increase in foreign national candidates in the local labour market. Hiring foreign workers already living in Canada provides an efficient and cost-effective avenue for filling vacant positions when compared to recruiting internationally. Overseas recruitment and the Canadian immigration process can be challenging and costly, so identifying local foreign workers often makes sense. Recent temporary government policies are making it easier than ever for Canadian employers to recruit foreign workers from inside Canada. Although the government has increased the ability of foreign nationals to work, hiring a foreign worker always creates the potential for immigration law issues. This article provides employers with a high-level summary of considerations when hiring foreign nationals already residing within Canada. Individuals with Open Work Permits Broadly speaking, a work permit may be either “open” or “employer-specific.” An employer-specific work permit only allows the foreign national to work in Canada according to the conditions on their work permit. An employerspecific work permit generally sets out the name of the particular employer the foreign worker is authorized to work for, the occupation they can work in, and the location where the foreign worker is authorized to work. By comparison, an open work permit generally allows the holder to work for any employer in Canada, within a certain period of validity.

Although allowing for broad employment, an open work permit may still place some restrictions on the foreign national’s employment. For example, an open work permit may require that the holder obtain a medical exam before working in certain positions, such as those in health or childcare settings. Moreover, if the foreign national holds their work permit under a provincial nominee class, they may be restricted to working in a specific province. Any restrictions applying to an open work permit will be listed on the work permit itself. For this reason, it is important that employers check a candidate’s work permit to ensure it actually authorizes the candidate to work in the position being offered. International Students Recent government pilot programs have generated significant confusion in relation to employing international students in Canada on study permits. Generally, eligible international students may work in Canada without a work permit if their study permit includes a condition or remark authorizing off-campus work. Further, to be eligible for off-campus work, the student must meet the following criteria: •

They are a full-time student at a designated learning institution;

•

They are enrolled in a post-secondary academic, vocational, or professional training program;

•

Their study program is at least six months long and leads to a degree, diploma, or certificate;

•

They have started their term of study and are actively pursuing their studies; and

•

They have a social insurance number.

Additionally, part-time students may work off-campus if they meet all of the conditions listed above (apart from the full-time student requirement) and they are studying full-time rather than part-time because: 1. They are in the final semester of their study program and do not require a full course load to complete their program; and 2. They were a full-time student in their program in Canada until their final semester. International students who meet these conditions can work part-time off-campus during their regular academic study period, up to 20 hours per week. They can also work full-time off-campus during regularly scheduled breaks in their study program. However, not all study programs have regularly scheduled breaks, and the end of a study program is not considered a break. When a study program ends, a student’s eligibility to work under their study permit also ends, and any part-time and full-time work the foreign national is engaging in must stop. In November 2022, the Government of Canada temporarily lifted the restriction on full-time work during the academic period. Under very limited conditions, some study permit holders may be eligible to work full-time during their period of study, rather than just 20 hours per week. Until December 31, 2023, eligible international students may work an unlimited number of hours offcampus during their academic period. This only applies to international students who held a study permit on or before October 7, 2022, or applied for an extension within a certain period of time. Employers must keep in mind that the ability to work full-time does not apply to all study permit holders. Further to issues with the study permit issuance date, students taking advantage of this new policy are required to remain in compliance with all other conditions of the standard study permit work permit exemption. They must continue to “actively pursue” their studies, remain enrolled in a sufficient study-program with their institution, and generally balance their work and studies. Failing to meet these conditions may result in a loss of the ability to work and unauthorized work occurring.

Employers intending to rely on study permit holders to fill labour gaps must conduct careful due diligence to ensure the international student is authorized to work in the manner intended. This includes verifying their enrollment in a study program. With the rules now being so complex, extra caution is required. Visitors Transferring into Working Status On August 24, 2020, Canada rolled out a temporary public policy set to remain in effect until February 28, 2025. This public policy allows all visitors in Canada on valid temporary resident status to apply for an employer-specific work permit. Prior to this policy being in place, visitors could not change to working status from inside Canada. Although visitors can now apply to change to working status, they cannot begin work until their new work permit is approved and issued. With inside Canada applications taking over 120 days to process, it may be a long period of time before an employer can employ a foreign national changing from visitor to working status. There may be some foreign national candidates on visitor status who can obtain working status faster. Foreign nationals who have held an employerspecific work permit within the 12 months prior to a work permit application may request interim authorization to work. This interim authorization allows them to start working before the new work permit is issued. Employers considering foreign national candidates from inside Canada should look for this type of option when recruiting. Conclusion The government is making it easier for certain foreign nationals already in Canada to work. Although that is the case, some of these changes have created additional challenges for employers. It is now more difficult to determine when a foreign national may have status to work. Employers should use these options to help fill labour gaps, but also must increase the level of due diligence conducted when determining legal status to work. Reaching out to qualified legal counsel is always recommended when questions arise regarding legal status to work.

EMERGING RECRUITMENT NEEDS AND TODAY’S CHANGING POPULATION Bobbi Janzen SARC Workforce Development Coordinator

Today, many organizations and sectors across Canada are facing struggles in the areas of recruitment and retention. Dynamics are changing in both the workforce and the population itself. As our society becomes more diverse and the population ages, recruitment needs and strategies to support these factors also change. Today we live in a more inclusive and equitable era where seeing ourselves represented in the organizations we work for, or aim to work for, creates a feeling of belonging. This is a driving factor in attracting talent, increasing employee engagement, and boosting morale within an organization. What is affecting recruitment? Population changes have had a positive impact on the labour pool and have added to diversity in the workplace. A large majority of the population growth seen so far in 2023 is due to permanent and temporary immigration. Canada welcomed approximately 145,000 newcomers in the first quarter of this year alone. In comparison to our American counterparts, we have been reported to have six times the amount of skilled immigrant workers which expands our current talent pool. The needs and wants of the working class today have also changed post pandemic. We see more working age people in the early phases of employment seeking contract work or finding work within the gig economy. This is due to the need for more flexibility while going to school or supporting family, supplementing full-time work due to economic changes, and to fulfill the increased desire for variety in tasks performed. This in turn also affects the talent pool in a significant way. We now see openings for full-time

work yet there is a significant lack of applicants creating a labor shortage. The Canadian workforce is also aging at a rapid rate. There is a lack of skilled workers to take the place of those retiring and leaving the workforce. To thrive and maintain operations we need to take our recruitment efforts to the next level. When we explore different strategies to source talent this gives organizations an edge in the hiring arena. Hiring today has become extremely competitive. Adding tools to our recruitment toolbox and widening our scope is the only way to stay afloat in the hiring game. Prior methods and sources for recruitment are no longer producing the same results as the entire demographic of the workforce is changing. As the saying goes, “Old habits do not bring new results.” What does this mean? Immigration statistics indicate an influx of new applicants to the talent pool to help fulfill the labour shortage we are facing nationwide due to the change in nature and age of the workforce. While hiring foreign workers comes with additional processes in the recruitment area, it also comes with many benefits including retention. The benefits to hiring foreign workers are vast and include access to a wider talent pool with new skills, prior experience, the proven ability to adapt and thrive in areas of change, strong work ethic, and the ability to represent our changing population. These factors can in turn improve retention and boost morale. Often, newcomers are unable to obtain professional credentials in Canada but have a lifetime of experience in similar or the same fields

that we are recruiting for. These skills are valuable to employers as well as to the employees who get to build Canadian experience and work in a related field or, for some, a brand-new area of work. A great example of this is potential employees who have had years of experience in fields such as health care in their countries. They may not be able to directly enter that field in Canada but would have skills and experience that could be very valuable in the Disability Service sector. Many applicants in Saskatchewan from this newly expanded labour pool are seeking immigration through programs such as SINP (Saskatchewan Immigrant Nominee Program). What is SINP? The SINP invites residency applications from those non-Canadians who wish to work and reside in the province of Saskatchewan. Successful applicants who have been nominated by organizations are presented to the government to become a permanent resident in Canada. Some organizations see this as a daunting process when in fact, in the end, it adds value to the employer. This value is seen in the retention of employees, diversity, improved morale, new connections, better serving the communities we live in and improved bottom line. We may be struggling to recruit but there are resources available to assist in hiring foreign workers. Resources: Information on hiring via the Saskatchewan Immigrant Nominee Program (SINP) can be found here: https://www.saskatchewan.ca/residents/ moving-to-saskatchewan/hire-a-foreign-worker/ recruit-and-hire-workers-with-sinp/hiring-workersfor-permanent-jobs

On this page, you can follow the steps to getting registered, and how to apply for job approval letters. Individuals on visitor visas are eligible for SINP nomination. Eligibility criteria for applicants differ for each category. For more information, please visit: https://www.saskatchewan.ca/residents/movingto-saskatchewan/live-in-saskatchewan/byimmigrating/saskatchewan-immigrant-nomineeprogram/browse-sinp-programs.

To be considered for SINP, the applicant must be seeking full-time, permanent work. This means 30 hours plus per week and does not apply for term or contract placements. Those on a visitor visa may also be considered for the program; however, the criteria are slightly different (see link above). More and more organizations are getting inquiries from individuals on visitor visas who wish to work in Canada. With the right tools and resources, we can expand our hiring efforts and meet our organizational needs. Our workforce and population are changing;, we must change with it and expand our recruitment toolbox. Think of the people your organization employs and serves – how might you better reflect their needs when it comes to sourcing talent? There are many avenues to explore and expand your diversity, equity, and inclusion tactics when sourcing talent. Accessing these avenues will open doors for additional talent sources. Happy hiring!

RECRUITMENT CONSIDERATIONS IN A UNIONIZED WORKPLACE Scott Mostoway SARC Senior Labour Relations Consultant

In what seems like an ever-changing labour environment, traditional recruitment and retention strategies don’t seem to fit the typical mold that they once used to. The workforce is changing, and we as employers are attempting to stay flexible and adaptive in our approach to meeting our staffing needs. Government programs such as SINP Hard-to-Fill Skills Pilot (Saskatchewan Immigrant Nominee Program) may assist in easing the pain of a labour shortage by opening the applicant pool for our workplaces. With this new tactic, collective agreements need to remain flexible for management to make staffing and recruitment decisions that work for the organization. Collective Agreement Flexibility and the Recruitment Process We are seeing more and more open emphasis placed on competing for talent to meet our baseline operational needs as what seem like labour shortages are impacting our industry. Although most collective agreements are directory in nature (meaning they outline a process as opposed to outright prohibition of management discretion) there are common provisions within collective agreements that expressly limit management’s ability to act on desired outcomes. Our goal as employers regarding collective agreements and bargaining should be to place a special emphasis on ensuring management rights are maintained and operational flexibility is enhanced whenever possible. What do we mean by management rights and operational flexibility? Simply put, this is the employer’s ability to do what it wants to do and how it wants to do it. It allows employers to make decisions on behalf of the organization

to fulfill business objectives whether that be training, instituting a new policy, or outlining a new hiring/recruitment process. It eliminates the need for collective agreement “red tape” and allows employers to act expeditiously when needing to make necessary changes to adapt to a new environment. Limitations on these management rights in the form of collective agreement language can change the landscape of how your organization operates and whether it is adaptable to change in a competitive recruitment environment. Why is Operational Flexibility Important for Today’s Workplace Recruitment Efforts? With many employers now turning to other options to fill positions such as the SINP Hardto-Fill program through the Government of Saskatchewan, we must ensure our collective agreements allow for this type of facilitation. For example, your current collective agreement may make it difficult to hire externally for positions that qualify under this program as one of the requirements is that the position be full-time in nature and be classified as permanent. This may be difficult in a unionized environment in which full-time positions must first be sourced internally. A provision such as this may alone simply disqualify your workplace from taking advantage of this program. Further collective agreement restrictions could also include a posting procedure that is lengthy in time to execute, a promotions clause that is solely based on seniority without accounting for ability or qualifications, or bureaucratic administrative processes each time you are looking to fill a vacancy or execute on a promotion.

SARC Labour Relations Consultancy The Labour Relations Consultancy service offered to SARC Regular and Associate Members strives to ensure these provisions don’t hinder your ability as an employer to do your best work. You are experts in your operations, and you know what to do and how to do it. We want to ensure that ability

is protected going forward so your organization can adapt to change when necessary. If your organization’s collective agreement is soon coming up for renewal and you are seeking either direct support in the form of a lead negotiator or indirect consultative support behind the scenes, we are here to help.