ESDC published new guidelines for pilot TFW

[Gilles Hudicourt]

http://www.esdc.gc.ca/eng/jobs/foreign_ ... rict.shtml

Foreign Pilots in Canada
In recent years, concerns have been raised that some airlines are excluding Canadian pilots from seasonal jobs by requiring job applicants to already be trained on specific types of planes (type‑rating) before they are hired, which is counter to general industry standards of airlines paying for and ensuring pilots obtain their training on the specific airline’s planes after they have been hired.

The Government of Canada consulted widely on this issue, and most stakeholders agreed that seasonal variations in fleet capacity should not stop airlines from training pilots for specific aircraft. It was noted that many airlines successfully contract flight time, pilot training and other training elements, such as flight simulator time, with other airlines or with aircraft manufacturers in order to meet their training requirements. There was a consensus that there is no shortage of Canadian commercial pilots who could be trained to fly specific types of aircraft.

Based on stakeholder consultations, the following changes are being made for airlines requesting foreign pilots through the Labour Market Impact Assessment (LMIA) process.

Effective July 1, 2014, airlines must:

meet the minimum advertising requirements for high-wage occupations;
specify the following criteria in their job postings:
no more than a maximum of 4,000 flight hours for a First Officer and 5,000 hours for a Captain as required experience;
possess a valid commercial pilots' licence;
require English and/or French language proficiency;
include industry standard medical testing requirements for commercial flight;
state both the legal and common names of the airline operating in Canada;
not include as an essential or asset requirement the necessity of holding a type rating for a specific type of aircraft. However, requiring applicants to have experience flying equipment that is similar in configuration and complexity to the airline’s fleet is considered acceptable;
indicate when training bonds will be applied and they must cover a minimum of two years employment;
negotiate a transition plan with ESDC documenting the airline’s future efforts and commitment to decrease the reliance on foreign pilots while increasing its complement of Canadian/permanent resident pilots. The transition plan will be reviewed by ESDC for progress and can affect the outcome of future LMIA applications; and
submit LMIA applications a minimum of three months before the first day of work to ensure Service Canada officers can thoroughly review the application. Any exception to this timeline must be requested prior to the LMIA being submitted.

[timel]

Nothing for helicopter pilots and other ops.
But it is a good start!

Where will those ads be published for the 3 monthes delay?
How can ESDC monitor resumes received by this companies vs interviews or selections made?

[newcomer]

...

[ahramin]

However, requiring applicants to have experience flying equipment that is similar in configuration and complexity to the airline’s fleet is considered acceptable;

Not acceptable. The whole point of these guidelines was to remove arbitrary barriers and require airlines to train Canadians. If airlines in the rest of the world can train 250 pilots to fly a 737 when they have never flown a jet before, how is 4000 hours and previous jet experience anything but an arbitrary requirement?

[Gilles Hudicourt]

I agree. But by no longer letting them require applicants to be type rated and current on the 737NG will eliminate the TFW problem, in my humble opinion. Once that is done, they will recruit and train Canadians like everyone else.

[ahramin]

Are you sure Gilles? Are there really 200 Canadian pilots with 4000+ hours and jet experience who want to work for Sunwing wages currently? Aren't we throwing perfectly qualified Canadian pilots under the bus in order to declare victory on this one? This allows a foreign pilot with 4000 hours co-pilot time and a B737 type rating to be hired instead of a Canadian pilot with 4000 hours and 1000 multi turbine PIC on a Dash-8.

I think we will continue to see qualified Canadians denied in favour of experienced TFWs until this loophole gets shut.

[leftoftrack]

Are you sure Gilles? Are there really 200 Canadian pilots with 4000+ hours and jet experience who want to work for Sunwing wages currently? Aren't we throwing perfectly qualified Canadian pilots under the bus in order to declare victory on this one? This allows a foreign pilot with 4000 hours co-pilot time and a B737 type rating to be hired instead of a Canadian pilot with 4000 hours and 1000 multi turbine PIC on a Dash-8.

I think we will continue to see qualified Canadians denied in favour of experienced TFWs until this loophole gets shut.

Similar in configuration and complexity sounds to me like a very large loop hole. Does that mean a wide body long haul captain from emerits wanting to come home does not qualify as he doesn't have any experience with a 160 000 lb airplane?

[rudder]

Here is what will be used for this winter:

- negotiate a transition plan with ESDC documenting the airline’s future efforts and commitment to decrease the reliance on foreign pilots while increasing its complement of Canadian/permanent resident pilots. The transition plan will be reviewed by ESDC for progress and can affect the outcome of future LMIA applications;

Everything that has been written in to the pilot specific regulation is there for a purpose. This is effectively the let that will allow the upcoming season to be staffed as planned (including TFWP). However, the future will clearly demand a marked decrease in TFWP pilots and and a marked increase in CDN pilots both permanent and seasonal.

Everybody should note that there is no mention of 'reciprocity'. The reason is that there is no such provision in the Act.

Kudos to ALPA and ACPA who were instrumental in educating ESDC on the pilot type rating issue.

[FICU]

Are you sure Gilles? Are there really 200 Canadian pilots with 4000+ hours and jet experience who want to work for Sunwing wages currently?

It is a maximum hour limit so they can't be asking for 10,000 hour Captains to suit the European pilots and filter out Canadians.

no more than a maximum of 4,000 flight hours for a First Officer and 5,000 hours for a Captain as required experience;

[ahramin]

Exactly. Why would a company be allowed to hire TFW if there are Canadian applicants with 3000 hours? Why not require them to hire any qualified Canadian before using TFWs?

[Gilles Hudicourt]

That's a great step,but does it mean that Sunwing will get away with it once again this winter, if they submit their application for TFW before July 01st?

Probably. I would assume they were given a heads up and have already applied under the old rules.

In an October 28, 2013 memo, ESDC decided to allow Sunwing and Canjet to hire foreign pilots under the TFWP after acknowledging that these carriers were "sidestepping requirements and guidance”.

“Requiring Sunwing and Canjet to change too quickly may put these Canadian companies at risk”, employment Minister Jason Kenny was advised by his Deputy Minister, Ian Shuggart.

Now I know that "too quickly" meant to not only give them a free pass last winter, but also another free pass for the 2014/2015 winter as well.

[BE20 Driver]

This should be seen as a win. The changes aren't perfect but it's a big step in the right direction. Hopefully, we are rounding a corner and within a couple of years preferential hiring of TFW's will be greatly diminished in our industry.

Now to convince these guys that my BE20 experience is similar in configuration and complexity...

[razorblade]

Good news indeed. Great job Gilles, I'm sure it's nice to see hard work finally paying off.

[Gilles Hudicourt]

I was just one of those who complained and who always provided info. But ACPA, ALPA, Air Canada, Westjet, Air Transat, all played a role. Even Sunpac.......

[rxl]

Gilles,
We all owe you a debt of gratitude.
Thank you.
rxl

[snoopy]

Describing the changes as "sweeping" is a gross overstatement! While the changes do represent a step in the right direction, there is still no requirement for employers to properly account for the receipt and screening of resumes, not to mention the absence of changes to the rest of the aviation industry outside of the major airlines: http://skiesmag.com/news/article/ALPAco ... 6sjJrHjRQg

Kudos to Air Transat, and in particular for the last paragraph - way to put the feds on the spot! http://skiesmag.com/news/article/Transa ... 6sjb7HjRQg

Cheers,
Kirsten B.