Director, Temporary Resident Program Delivery Division
Citizenship and Immigration Canada
365 Laurier Avenue West
Ottawa, Ontario K1A 1L1
Canada
Dear Mrs Usher,
I was astonished when once again this year, I saw Sunwing import a large number of foreign pilots as Temporary Foreign workers. Many have already arrived and many more are due to arrive shortly. Until today, I wasn't sure if they had been issued work permits through LMOs issued by HRSDC or by CIC through "reciprocity" agreements. Today I found out that it is not through LMOs.
This time I will not waste a bunch of your time writing about rules and regulations that are not respected by Sunwing and that your office, against all logic seems to overlook year after year. I will just attract your attention to a few facts.
In the summer of 2011, Sunwing sent 3 aircraft on wet-lease contracts to Europe for a period of approximately six month. They also sent an additional 12 pilots who went to work for several European airlines for about six months. In 2012, Sunwing sent 4 aircraft on wet-lease contracts to Europe but sent no additional pilots to go fly for for European airlines.
So in the past 24 months, Sunwing sent a grand total of 7 aircraft to Europe, plus 12 additional pilots.
It requires about 12 to 14 pilots per aircraft to keep one aircraft flying, so its easy to make a correlation between the number of pilots and the number of aircraft.
Now for the aircraft and pilots they imported into Canada:
In the summer of 2011, Sunwing wet-leased 2 B-767s from Portugal's EuroAtlantic Airlines:
Then during the 2011-2012 winter they dry-leased 15 B-737s from several European Airlines, Travel Service, Thomson, TUIfly, and JetAirfly.
Then in on Feb 1 2012, they wet-leased an additional B-737 from Travel service.
In the summer of 2012, Sunwing wet-leased 2 B-767s from Portugal's EuroAtlantic Airlines:
Then during the 2012-2013 winter season they are dry-leasing 15 B-737s from several European Airlines, Travel Service, Thomson, TUIfly, and JetAirfly and 4 addtional B-737 on wet-lease from Travel Service
For a grand total of 39 imported aircraft in 24 months (with foreign pilots) against 7 aircraft that they sent to Europe, plus 12 pilots.
In the past 6 years, Sunwing sent to Europe a grand total of 19 aircraft, yet this year alone they are brining 21 foreign aircraft and pilots into Canada
Is this what you call a reciprocal agreement ?
Let me go over your own new Guidelines, revised in the summer of 2012.
Canadian interests: Reciprocal employment, General guidelines R205(b), C20
R205(b) allows foreign workers to take up employment in Canada when Canadians have similar reciprocal opportunities abroad.
Entry under reciprocal provisions should result in a neutral labour market impact.
There are formally-recognized reciprocal programs such as International Experience Canada program (See section 5.34).
However this provision also allows for admission of workers in other cases where reciprocity is demonstrated by the Canadian employer (or specific program administrator). Academic institutions may initiate exchanges under C20 as long as they are reciprocal, and licensing and medical requirements (if applicable) are met.
The onus is on the institutions and/or applicants to demonstrate that reciprocity exists.
This could be indicated in the exchange agreement between the Canadian and foreign parties, a letter from the receiving Canadian institution, the work contract (if it provides evidence of reciprocity) and, if necessary, the officer can request documents and/or data to enable verification of reciprocal employment volumes. Bona fide evidence of reciprocity will allow the officer to issue a work permit.
TIP: A useful starting point can be a company’s HR Plan or its “Global Mobility Policy “ within their HR directives, which may provide evidence that an exchange program is in place and, depending on the balance of bilateral flow, may indicate that it is reciprocal in practice.
It is not necessary that there be exact reciprocity (i.e. one for one exchange), but the general order of magnitude of exchanges should be reasonably similar on an annual basis. In assessing reciprocity, one would consider the relative number and percentage. For example, for exchanges involving larger numbers of foreign nationals (e.g. greater than 25), officers could require a higher minimum proportion of Canadians employed abroad to foreign nationals employed in Canada (e.g. at least 75%) than for smaller exchanges.
When the entities involved have no history of conducting reciprocal exchanges with Canada, it is reasonable to initially limit work permits to a small number of individuals and that subsequent work permits be issued only when reciprocity has been demonstrated.
When organizations have a demonstrated history of reciprocal exchanges, they may be permitted some flexibility in the flow of exchange on an annual basis, as long as they are able to demonstrate that the exchanges are similar over a reasonable period of time (e.g.five years), there is a general neutral impact on the labour market.
In assessing reciprocity, officers can consider not only the number of individuals working in Canada and abroad, but also employment duration and job level.
If evidence of reciprocity is not presented to the satisfaction of the officer, the work permit may be refused, or the applicant may be notified that an LMO must be obtained for further consideration of a work permit.
I fail to understand how CIC can possibly use the above guidelines to still provide Sunwing Airlines with so many work permits for its foreign pilots. I really wish you would come out of your mutism and explain what the policies really are. There is no way this is going to be tolerated any longer by Canadian pilots.
Regards,
Gilles Hudicourt