Staffing and Recruiting > Recruiting Staff > Third-party Agents
Third-party Agents
There are different types of third-party agents, such as recruitment agencies and immigration consultants, which help employers and foreign-trained workers meet the requirements of Canada's immigration programs. These organizations often perform two kinds of work: they provide information and guidance to employers and/or workers; and they help recruit suitable workers for available jobs in Canada.
It is important to understand that Canada currently has no formal legislation regulating third-party agents at the national level. However, some provinces do have laws and regulations in place. Here is some basic information to help you understand the different types of third-party agents offering their services to employers and/or workers*:
Authorized representatives
Third-party agents that mainly provide information and advice on work permit and visa applications are often called immigration consultants. Many of these consultants are also certified as immigration lawyers. Note that a professional (and paid) immigration consultant or lawyer has to be an authorized representative to conduct business with Citizenship and Immigration Canada (CIC) on your behalf concerning a work permit or visa application.
To be considered an authorized representative, an immigration consultant has to be a member in good standing of the Canadian Society of Immigration Consultants (CSIC); an immigration lawyer has to be a member in good standing of a provincial or territorial law society; and a notary has to be a member in good standing of the Chambre des notaires du Québec.
You should be aware that Canadian immigration officers treat every application equally, regardless of whether you hire an immigration representative. Officers do not give preferential treatment to applications handled by third-party representatives. You can find information about authorized representatives on the CIC website. You can also download the application form should you decide to hire an immigration representative.
Provincially regulated employment agents
Third-party organizations that generally recruit workers for Canadian employers have different names, such as recruiters, placement agencies, employment agencies, head hunters, and labour brokers. Under the Temporary Foreign Worker Program, these third-party organizations are often appointed by employers to apply for Labour Market Opinions (LMOs). However, these organizations cannot be appointed to act as authorized representatives regarding a work permit or visa application submitted to Citizenship and Immigration Canada.
In most cases, employment agents are provincially regulated and should not charge placement fees to the worker. In some provinces, like British Columbia, all employment agents must be licensed under the Employment Standards Act. In addition, a person looking for employment is not required to pay an agency for help when searching for and obtaining information about a job, being referred to a potential employer, or being hired for a position. Canadian employers should be paying these placement fees. However, employment agencies are presently allowed to charge job seekers for other services, such as resume or interview preparation.
The province of British Columbia has published information on using the services of employment agencies. The Albertan government has also produced the Temporary Foreign Worker Guide for Employers Using Employment Agencies to assist employers using employment agents to hire temporary foreign workers.
Offshore recruiters
Like employment agents, offshore recruiters often help Canadian employers find and recruit qualified workers overseas. The only difference is they are located outside of Canada and/or offer their services online.
Legitimate and reputable offshore recruiters should satisfy the laws of both Canada and the worker’s home country. In the Philippines, for example, employment agencies must be licensed with the Philippine Overseas Employment Administration (POEA) to recruit and deploy Filipino workers for jobs abroad – including Canada. Under the Guidelines on the Recruitment and Deployment of Filipino Workers to Canada issued by the POEA, recruitment agencies are not allowed to charge placement fees to workers recruited for jobs in Canadian provinces where the law prohibits the collection of recruitment fees, including British Columbia, Alberta, Saskatchewan, and Manitoba.
Remember that the type of third-party agent used will determine for which services they can charge. If you decide to use a third-party agent to assist you, be sure to check the services and fees of more than one agent – ideally, this should be done before you hire and pay someone. Make sure you conduct reference checks for the agent and ask significant questions.
Citizenship and Immigration Canada has issued a fraud warning in various languages, with specific tips on how to protect yourself from fraud and unscrupulous agents.
You can also watch a video about the story of an immigrant family that was a victim of fraud. The video offers some tips on how to select an authorized representative.
Fees and costs associated with the Temporary Foreign Worker Program
Under the Temporary Foreign Worker Program, the worker is responsible for paying the official fees for a work permit and visa application. You can find CIC’s official fees and processing times for work permits and visas on its website.
If the worker is being hired for a tourism job requiring lower levels of formal training, the employer is responsible for covering transportation costs (airfare to and from Canada) and health coverage costs until the worker is eligible for provincial health benefits. Employers are also responsible for helping the worker find housing that is accessible, suitable, and affordable.
However, if the worker is hired for a tourism job that requires more formal training, the worker may be responsible for his/her own transportation and health coverage expenses until he/she is eligible for provincial health benefits.
* The information presented here is not legal advice – it has been prepared for general information purposes from the following sources: Construction Sector Council’s Temporary Foreign Worker Guide; Presentation by John P. Ryan, Acting CEO, CSIC, 7th Annual Tourism HR Forum, Winnipeg, Manitoba, Nov 19, 2008.