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Work
Permits for Callers/Cuers/Leaders Entering Canada
Background
1.
Since the
mid-1980s, a number of attempts have been made to work out a "cultural
exchange" program to give more freedom to both Canadian and American
callers/cuers/leaders
to cross the border and entertain dancers. Callerlab in the U.S.
and the Canadian Square and Round Dance Society in Canada have worked
jointly
on the problem, but so far without success. In the meantime, most
of the Associations in Canada which hold large annual conventions (e.g.
T&D, MASDA, Lakehead, Manitoba, etc.) have accepted the need to
treat
each convention as a separate event, and to follow Government
regulations
for hiring nonresident callers/cuers/leaders.
2.
Club or Associations
wishing to hire American callers/cuers/leaders for local dance
conventions
or club teaching programs should not consider that hiring can be done
without
following Government rules. The square dance movement and
callers/cuers/leaders
have no exemptions from Government requirements. Both the person
hired and the hiring organization may be subject to prosecution and
severe
penalties, if the rules are not followed and if any complaint should be
laid by any individual concerning the event.
Hiring
a Nonresident Caller/Cuer/Leader for a Special Event
3.
Nonresident
callers/cuers/leaders coming to Canada to call or cue for pay must
ultimately
obtain work permits under Section 18(1) of the Immigration Regulations,
issued by the Canada Immigration Centre of Citizenship and Immigration
Canada. However, initial contact and application is made with local
office
of Human Resources Development Canada. Once the employment
validation/application
has been approved, Immigration Canada process the Work Permit.
4.
Entry into
Canada for a caller/cuer/leader can be aided greatly by advance
preparation
by the hiring organization and working closely with the office of Human
Resources Development Canada closest to the site of the dance or
convention.
Typically this involves advanced warning to with the particulars of the
incoming caller/cuer/leader and the employing organization and
obtaining
the details of the requirements for an application for an employment
validation.
There is nothing that smoothes the way as much as personal contact with
the Human Resources Centre. All information should be honest and
above board. All information required and questions asked should
be answered honestly.
5.
Once a Confirmation
of Employment has been obtained, as a general rule, the following steps
are necessary:
a)
A
contract with the hired person should be formalized in writing.
The
hired person should have a copy of the contract when he or she arrives
at the border, plus a copy of the Confirmation of Employment from
Immigration
Canada;
b)
The
hiring organization should notify Immigration Canada of the name and
address
of the hired person, the port of entry, and the time (or intended time)
of arrival. The hiring organization should note that the person
is
being employed to call/cue/lead at a dance and specify the date and
location
of the dance. A copy of the contract with the hired person should
be provided to Immigration Canada. The hiring organization should
also state that it is a not for profit organization incorporated
under
the laws of Ontario as a club, association, or federation (the
Organization
Registration Number may have to be provided). If the dance
organization
in not incorporated, it may be necessary to involve an association or
the
Federation in the process to provide an incorporated protection
umbrella;
c)
Upon
arrival at the border, the hired person should present a copy of the
contract
and copies of any covering correspondence sent to Immigration Canada by
the hiring organization. The hired person should pay the entry
fee
to obtain a work permit, sign it, and proceed to
their
destination. The hiring organization and the hired person should
agree upon who ultimately pays the entry fee;
Hiring
a Nonresident Caller/Cuer/Leader for a Season
6)
The procedure
for hiring a nonresident caller/cuer/leader for a season is somewhat
more
elaborate. Human Resources Development Canada must be
satisfied
that no Canadian is qualified and available to do the job.
Verification
of these points usually requires the support of the area association.
7.
The recommended
procedure is as follows:
a)
Meet
with Human Resources staff to find out what their requirements are, and
to outline what you are planning and why - see below
b)
Establish
club requirements for the caller/cuer/leader, i.e. selection criteria;
c)
Contact
callers/cuers/leaders in the local association and beyond, as
appropriate,
to determine which callers/cuers/leaders are available to call/cue/lead
on a regular basis or for specific dates;
d)
Advertise
and receive and evaluate replies and come to a decision as to the
caller/cuer/leader
desired and the reasons or rational why.
e)
Complete
the Information Sheet and meet with Human Resources staff with the
information
and request an employment validation and a visa/work permit be issued;
f)
Human
Resources staff may request a letter from the local association stating
that there are no Canadian callers/cuers/leaders available and that
they
have no objection to hiring an American person. A similar letter
from the local caller's/cuer's association (if any) may also be
required.
g)
It
may be decided not to process the application until close to the
beginning
of the period, in case a Canadian should become available. The
club
may have to emphasize the need for advertising and planning in advance,
issuing flyers, and schedules, etc. to have the visa application
processed
in the spring or summer;
h)
When
the visa is issued, a copy should be given to the American
caller/cuer/leader
who must present it to the Immigration Centre office and pay the
required
fee. It may be desirable to have the visa issued for a full year
to cover special events beyond regular dances, e.g. "up to five hours
per
week for fifty weeks"; and,
i)
A separate
visa is required for each year, and must be substantiated the same way
as the first application.
The
following
is an excerpt of material obtained from Human Resources Development
Canada
in August, 1998
Foreign Worker
Request / Assessment of Job Offer
General
Information
The
information
required is to enable this Department to assess the request for
permission
to hire a foreign worker. Please ensure that al information is
provided
as the request will be assessed solely on the information in the
submission.
Please be advised that the submission of the information does not imply
the request will be approved, only that it will be given a fair and
impartial
assessment. The request may be faxed to our office in order to expedite
matters. The average processing time for a response to a request
is approx. four (4) weeks from the receipt of all information.
The
policy of
the federal government is to ensure, to every possible extent, that job
and career opportunities are protected for Canadian citizens and
permanent
residents (Canadians) - 'Canadians First Policy'. Employment
validations
will be issued only when it will not adversely affect employment and
career
opportunities of Canadians or when there are significant benefits
attached
to recruitment of a foreign worker.
Generally,
the
only acceptable reasons for validating an employment authorization for
a foreign worker are:
.
when the
position is a skilled shortage occupation;
.
when the
company will utilize the skills and expertise of the foreign worker to
provide direct training for employees;
.
when the
foreign worker will be introducing new skills or technology into the
local
labour market;
.
when the
foreign worker will be directly responsible for creating or maintaining
jobs for Canadians;
.
when the
expertise of the foreign worker will improve the ability of a Canadian
Company to compete in the international marketplace.
It
is the responsibility
of the Employer to recruit locally or nationwide for any job vacancy
which
a Canadian or permanent resident can adequately perform. The
Employment
Counselor WILL NOT issue an employment validation for a foreign worker
for a job vacancy in positions where a Canadian or permanent resident
can
learn the job adequately in a period of one year or less.
Where
advertising
is required you have to provide proof of recent recruiting efforts -
usually
relates to a caller/leader required for a full season. This
advertising
(to attract Canadians) may be required for a period of up to two months
locally (and nationally). The conditions of employment, salary,
qualifications
may not be reduced for a foreign worker.
An
assessment
of a job offer must contain in writing:
1.
Complete
name, address, phone number of the business; also place of work.
Attach articles of incorporation, if applicable.
2.
Job Title
and complete hob description, including the day to day activities of
the
prospective worker.
3.
Essential
qualifications required for the position offered e.g.. education,
experience,
specialized skills, certification or licensing etc.
4.
Details
of work schedule and exact wage or salary offered including any
benefits
or other methods or remuneration.
5.
Number of
employees currently employed in this position and number of employees
presently
on staff and occupational titles.
6.
Proof of
recruiting efforts, both internally and externally. Copies of ads
and billings, resumes received, names of applicants and the reasons
they
may not have been deemed suitable are required. Ads must contain the
full
job description, the job requirements (qualifications required), the
salary
and must also request a resume from applicants. They are happy to
review
proposed ads and advise of any questions before the ads are placed.
7.
Duration
of the job, is it temporary or permanent.
8.
Number of
employees which will be affected by the hiring of a foreign worker -
number
to be trained.
9.
Long and
short-term benefits derived by both the company and the local labour
market
by the hiring of a foreign worker. Number of employees hired or
trained,
financial benefit to the firm, increase in export potential et.
10.
Details
of the company's activities e.g.. type of industry, goods manufactured
or description of services, etc.
12.
Name, complete
home mailing address, date of birth, country of birth of foreign worker
as well as the prospective foreign worker's complete resume.
Foreign
Worker Information Sheet
Employer
/ Company
Name: see attached information on the organization and its
executive
Revenue
Canada
Tax #:
Foreign
Worker's
Name: ____________________ _______________
Foreign
Worker's
Home Mailing Address: ___________________________________
Sex:
_________
Country
&
Place of Birth: ________________________
Date
of Birth:
____________________________
Job
Description:
Job
Requirements
(Qualifications):
Duration
(Dates
from .. to ..): ________________________
Salary:
see attached contract(s)
Immigration
Processing At:
Point
of Arrival
to Canada? _____________________________
Flight
#:
__________________________________
Airline
&
Terminal #: __________________________
Date
&
Time of Arrival: ________________________
Point
of Departure
from Canada?
Flight:
____________________ Airline:
____________________
Date
&
Time: ____________________
SAMPLE
LETTER TO HUMAN RESOURCES DEVELOPMENT CANADA
Dear
Sirs:
The
following
is a list of U.S. Citizens for whom we are requesting a Validation of
Offer
of Employment to a Foreign Worker:
1.
List Employee
Name
Place
and Country
of Birth
Social
Security
#:
Point
of Entry
Information: (what airport or city, if driving; airline & flight
number;
date & time)
Point
of Departure
Information: (similar categories of information as above)
Home
Mailing
Address:
2.
Employee
Name
...
Signed
by ...
.
Attach a list
of the group Executive and contracts.
.
Also attach
a letter setting out something like the following example:
Human
Resources
Development Canada
Dear
Sirs:
Further
details
regarding our request of Validation of Offer of Employment to a Foreign
Worker:
The
Employer:
The
... Association
or Club is a not-for-profit organization that was formed and
established
to promote square & round dancing. It provides for ... (the
exchange
of philosophy and material to improve the quality of dancing, teaching
of the dance and all-round enjoyment of dancing and to provide a link
to
other Districts, National and International Square & Round Dance
Associations).
The
members
currently meet .... (eg. weekly, once a month, etc) from
September
to April/May at ....... (location).
The
Job:
The
callers/leaders
being hired from the United States are Square Dance Callers and Round
Dance
Leaders.
They
will be
required to prompt the dancers through difficult choreography for both
square and round dancing with "split-second" decisions as to what
interesting
choreography they will use next. The choreography must be smooth
and well-timed. Only callers/leaders with years of practice are
able
to do this very well. The skills required for each event depend
solely
on the desires of the Employer on behalf of the dancers in each area
and
we try to hire different callers/leaders each year that will bring the
most pleasure to the dancers attending the event. The whole
pleasure
of the dance is the ability to dance to different callers and round
dance
leaders and experience their unique presentation of the required dance
moves.
These
callers/leaders
will be receiving .... (describe the salary) for approximately
...
hours work. They will be working at ... (describe the location of the
dance),
beginning on ... (date and time) and ending on.. (date &
time).
Their hours of work are interspersed or shared with the use of many
"Ontario"
callers/leaders who will then be able to obtain experience working at
an
event of this size. In this way, visiting dancers from ... to ...
might hear our callers/leaders as they improve in their abilities, and
may wish to hire them at an event they are presenting in their dance
areas.
A
different
group of callers/leaders fro around ... (North America, Ontario, etc.)
are hired each year to maximize the dancers enjoyment at this event.
Efforts
to Recruit
Canadians:
The
Association/Club
have hired callers/leaders from across Canada, Ontario (or whatever)
over
a period of ... years. Of course, the number of callers/leaders
available
and qualified to do the job varies and this year we have hired ... (#
hired)
Canadians to complement the total staff. We have, of course, taken into
consideration other canadians that we have not hired, but many who were
considered this year, and not chosen, will be hired in subsequent
years.
We look at the individual abilities of each caller/leader and try to
bring
various "styles" of calling and singing together for each
Convention/Dance.
Callers/leaders with similar styles hired together would not maximize
enjoyment
to the dancers.
Benefits
to
Canada:
More
dancer
attend our event because we bring in highly qualified callers/leaders
to
the event. This provides our organization with necessary funds to
promote
square & round dancing in Ontario/our area; more particularly ...
(describe
the area). This is the area that our organization draws its membership
from.
Dancers
from
outside the area also come early or stay after the dancing event and
Sight-see
throughout the area. This provides benefits to our local economy
outside of the square & round dance movement.
Sincerely,
...
(signature)
___________________________________________________________________
Disclaimer
This
Information
was prepared initially by the Board of Directors of the Ontario Square
and Round Dance Federation and is now being managed by the CSRDS.
It is intended only as a guide for dancers, club executives and other
organizations
to help them "get started" in handling the administrative details of a
square dance organization. The information was considered correct
at the time of publication. Suggestions or changes are welcomed
by
the CSRDS and should be sent to the Webmaster. This Information
Sheet
is made available on the clear understanding that neither the CSRDS,
Ontario
Federation, or their Boards of Directors, or its staff can be held
responsible
for the consequences arising from the use of this information.
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