Changes to Employer Driven stream of the Northwest Territories Nominee Program eligibility and guidelines

The Government of the Northwest Territories (GNWT) has modified the eligibility criteria and guidelines for the Employer Driven stream of the Northwest Territories Nominee Program (NTNP). These changes provide more flexibility for employers and ensure the program and processes are user-friendly.

Effective September 12, 2022, here is a detailed list of the changes to the Employer Driven guidelines:

1) EMPLOYMENT

Previous requirement

The term of employment must be for a permanent, full-time position (minimum 37.5 hours per week).

New requirement

The term of employment must be for a permanent, full-time position (minimum 30 hours per week).

2) JOB ADVERTISING

Previous requirement

Minimum local and national recruitment efforts must have been placed for a minimum of 60 consecutive days for the Entry Level/Semi-Skilled Occupations Category and a minimum of 30 consecutive days for the Skilled Worker/NWT Express Entry Category, within 12 months immediately prior to date of the job offer.

Local Advertising in at least two or more of the following:

New requirement

Employers must demonstrate proof of advertising efforts on two (2) different platforms; one (1) local and one (1) being national in scope.

Advertisements must be placed on each platform for a minimum of 30 consecutive days (or 4 consecutive weeks) for the Entry Level/Semi-Skilled Occupations Category and 14 consecutive days (or 2 consecutive weeks) for the Skilled Worker/NWT Express Entry Categories. 

Accepted advertising platforms include:

  • Canada’s Job Bank
  • Recognized online employment sites such as Indeed, Workopolis, LinkedIn, Monster, etc.;
  • Local newspaper;
  • Local and regional employment centres; and
  • Industry job boards.

The validity of job advertisements is twelve (12) months. 

*Summary of advertising remains the same.

3) EXCEPTIONAL CIRCUMSTANCES (Skilled Worker/Express Entry ONLY)

Previous requirement

In these exceptional circumstances, employers must consult with NTNP officers and demonstrate that a rigorous advertising campaign meeting the job advertising criteria of these guidelines for a minimum of ten (10) weeks has been undertaken and must also clearly identify how the skilled Foreign National has a skillset, education and work experience that cannot be found within the NWT or Canada.

The employer must provide information on if they applied for a Labour Market Impact Assessment (LMIA) and if they have accessed other Labour Market Programs to support their workforce. NTNP officers must be satisfied that a skilled labour shortage exists, and that the employer has exhausted all other avenues to determine that no other Canadian or Permanent Resident in Canada is available. NTNP officers may refuse to accept an application and that application will not be eligible for an appeal.

New requirement

In these exceptional circumstances, employers must consult with NTNP officers and demonstrate an advertising campaign meeting the job advertising criteria of these guidelines for a minimum of four (4) consecutive weeks has been undertaken and must also clearly identify how the skilled Foreign National has a skillset, education and work experience that cannot be found within the NWT or Canada.

The employer must provide information on if they applied for a Labour Market Impact Assessment (LMIA) and if they have accessed other Labour Market Programs to support their workforce. NTNP officers must be satisfied that a skilled labour shortage exists, and that the employer has exhausted all other avenues to determine that no other Canadian or Permanent Resident in Canada is available.

If the Nominee Applicant is approved as an exceptional circumstance, the Employer is responsible for paying the air travel cost for the Nominee Applicant (not any dependents) from their place of residence to the Northwest Territories. Employers must also pay for the return air transportation for the Nominee to their home country if the Nominee does not obtain permanent residency or is no longer participating in the NTNP. This cost cannot be recovered from the Nominee under any circumstances.

NTNP officers may refuse to accept an application and that application will not be eligible for an appeal.

4) EDUCATION AND WORK EXPERIENCE (Skilled Worker/Express Entry ONLY)

Previous requirement

Furthermore, the Nominee Applicant must have one year of full-time experience in the occupation they are being nominated for within the last 10 years.

New requirement

Furthermore, the Nominee Applicant must have one year of full-time experience in the same or related occupation they are being nominated for within the last 10 years.

5) LANGUAGE REQUIREMENTS (Skilled Worker ONLY)

Previous requirement

Nominee Applicants must be able to communicate in one of Canada’s official languages, English or French.

Nominee Applicants being supported under the Skilled Worker/NWT Express Entry category in the National Occupational Classification (NOC) category types 0, and A, must undergo mandatory language testing and achieve a minimum language standard of the Canadian Language Benchmark Level (CLB) 7 in either English or French, across all four categories: listening, speaking, reading and writing.

Nominee Applicants being supported under NOC skill level B must achieve a minimum language standard of the Canadian Language Benchmark Level (CLB) 5 in either English or French, across all four categories: listening, speaking, reading and writing.

New requirement:

Nominee Applicants must be able to communicate in one of Canada’s official languages, English or French.

Nominee Applicants being supported under the Skilled Worker category in the National Occupational Classification (NOC) category types 0, and A, must undergo mandatory language testing and achieve a minimum language standard of the Canadian Language Benchmark Level (CLB) 6 in either English or French, across all four categories: listening, speaking, reading and writing.

Nominee Applicants being supported under the NWT Express Entry category in NOC category types 0, and A, must undergo mandatory language testing and achieve a minimum language standard of the Canadian Language Benchmark Level (CLB) 7 in either English or French, across all four categories: listening, speaking, reading and writing.

Nominee Applicants being supported under NOC skill level B in both the Skilled Worker and the NWT Express Entry categories must achieve a minimum language standard of the Canadian Language Benchmark Level (CLB) 5 in either English or French, across all four categories: listening, speaking, reading and writing.

6) EMPLOYMENT STANDARD ASSESSMENT PROCESS

Previous requirement

Once an application is submitted by an employer, NTNP staff provide the Employment Standards Office the paystubs, time sheets and work contract from each application to review and confirm the employer:

  • has no outstanding complaints (as per Section 61 of the Employment Standards Act);
  • has not been found to have failed to pay the wages to which an employee is entitled (as per section 84 of the Act);
  • has not been found to be engaged in carrying out the functions of an employment agency for a fee or reward unless licensed (as per Section 48 of the Act); and
  • is not in contravention of this Act or the regulations, or any order or award made under this Act or the regulations (as per section 97 of the Act).
New requirement

Prior to submitting an application, the employer must contact the Employment Standards Office to have the Employment Standards Verification Form filled and then submit the completed form with their NTNP application.

To be pre-screened as being in compliance with the Northwest Territories Employment Standards Act and regulations for the purposes of the NTNP, an employer must:

  • have no outstanding orders issued against them (as per Section 65 and 66 of the Act).
  • have not been found to have failed to pay the wages to which an employee is entitled (as per sections 84 and 65 of the Act);
  • have not been found to be engaged in carrying out the functions of an employment agency for a fee or reward unless licensed (as per Section 48 of the Act); and
  • have not been found to be in contravention of this Act or the regulations.