NLPNP employer requirements

To be considered under the immigration streams of the Newfoundland and Labrador Provincial Nominee Program (NLPNP), employers in Newfoundland and Labrador must:

• Be established and actively operating in Newfoundland and Labrador
  • The employer must be registered and in good standing withService NL, CADO – Companies and Deeds Online
  • The employer must have been operating in Newfoundland and Labrador, under its current management, for at least 2 continuous years. In exceptional circumstances, applications where the employer has been operating under its current management for at least 1 year may be accepted. Exceptional circumstances include:
    • Businesses opened following the closure/sale of a previous successful business;
    • Businesses engaged in innovation/export markets
    • Businesses located in rural areas of Newfoundland and Labrador
• Employ staff on full-time, permanent contracts;
  • Businesses located in the St. John’s metropolitan area must have at least 2 full-time, permanent local employees
  • Businesses located outside the St. John’s metropolitan area must have at least 1 full-time, permanent local employee
  • The candidate is permitted to hold an ownership stake in the business; however, that ownership share must not exceed 10%
• Maintain sound workplace and business practices, including compliance with all applicable labour, employment and immigration laws and regulations
  • The business must be in good standing withthe Workplace Health, Safety and Compensation Commission (WHSCC)andthe Labour Standards Board.
• Make a job offer that complies with the applicable laws and regulations
  • The employer must provide a job offer for a full-time, permanent position in Newfoundland and Labrador in an occupation classified at one of the five skill levels of theNational Occupational Classification (NOC)
  • The job offer must meet Newfoundland and Labrador employment and wage standards
  • Short-term contract-based jobs usually lasting less than 12 months are not eligible
  • Seasonal or part-time positions are also not eligible.
  • Jobs where the employee does not work at the company’s premises (for example, employees working remotely or at “virtual” locations and serving the employer through remote work) are also not eligible for the NLPNP
  • The job offer must not conflict with any existing collective bargaining agreement. The NLPNP will not accept an application where there is a labour dispute involving the employer or the candidate
• Demonstrate that efforts were made to recruit a Canadian citizen or permanent resident for the position before making the job offer to the candidate.
• Be authorised to hire foreign workers with an activeLabour Market Impact Assessment (LMIA)for the job they are offering the candidate.
  • The employer must provide evidence of an LMIA exemption or the outcome of an approved Job Vacancy Assessment (JVA). A list of positions exempt from the Labour Market Test is available here
  • The employer must demonstrate that they comply with all the terms and conditions set out in the LMIA (where an LMIA is presented)
  • The employer must demonstrate that they are providing industry-standard wages and benefits (where the job offer is LMIA-exempt)
  • The employer must demonstrate that they comply with all the terms and conditions as set out in the JVA (where a JVA is presented)
• Be a public-sector or not-for-profit employer in:
  • Provincial and regional health authorities and organisations
  • Public post-secondary education and training institutions
  • Provincial/federal/municipal government organisations and agencies
  • Not-for-profit groups registered as charities 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. Not-for-profit organisations need to demonstrate financial capacity and the ability to support the candidate’s position on a long-term basis
• Not bring the NLPNP or the Government of Newfoundland and Labrador into disrepute
• Agree to attend an interview with an NLPNP Officer and may be required to undergo an assessment reviewing efforts to retain current and future nominated candidates
  • At the interview, the employer will need to provide documents such as audited financial statements, a letter confirming good standing or a clearance letter from the Newfoundland and Labrador Workplace Health, Safety and Compensation Commission (WHSCC), a Canada Revenue Agency Notice of Assessment, and a business licence
  • During the assessment by an Immigration Program Development Officer, the employer may have to answer questions about business practices, employee accommodation, wages, employee benefits, the number of current and previous nominated candidates, and other information (as requested).

Note:Where the employer of a prospective immigrant candidate has received advice from a representative in completing the application, they must disclose this during their dealings with staff at the Newfoundland and Labrador Office of Immigration and Multiculturalism.