The legislation requires that a Benefits Plan contain provisions intended to ensure that, while respecting the Charter of Rights and Freedoms, qualified individuals resident in the province shall be given first consideration for training and employment in the work program for which the plan was submitted. The C-NLOER defines a Newfoundland and Labrador resident as a Canadian citizen (or permanent resident) who meets the residency requirements of the province as defined by the Elections Act, 1991 (i.e., principal residence is in the province).

The first consideration provision of the legislation clearly requires that the Operator and its contractors look first to the Newfoundland and Labrador labour market to meet their human resource requirements.

Employers have the right to establish, in advance of the recruitment process, the qualifications, experience and competencies required of candidates for employment. However, the first consideration obligation means that once the requirements for a position have been established, a Newfoundland and Labrador resident who meets these requirements must be given preference for employment.

Where an Operator is a party to a collective agreement, paragraph 45(3)(b) of the Atlantic Accord Implementation Acts (Acts) requires such agreements to include first consideration for employment and training.

Prior to both the construction and operations phases of any major development, employment plans for the Operator and each major contractor are required to be submitted to the C-NLOER, including strategies, where applicable, for succession of qualified residents of the province, and other Canadians, to any positions held initially by Non-Canadians.

During the hiring process for importation of new vessels and installations into the Canada-Newfoundland and Labrador Offshore Area, the C-NLOER will review the proposed crew complement and monitor the employer’s efforts to hire available and qualified Newfoundland and Labrador and other Canadian residents. The C-NLOER will review vessel crew rosters and the level of Non-Canadian crew to identify opportunities for replacement of Non-Canadian crew with Newfoundland and Labrador and other Canadian crew members.

Employers’ hiring of temporary foreign workers is outside the scope of the C-NLOER’s review. In practice, the C-NLOER considers the reasonableness of the overall employment levels of Newfoundland and Labrador, other Canadian, and Non-Canadian residents and where appropriate, may require succession plans for replacement of foreign workers, and that employers consider training and mentoring opportunities to prepare residents of the province for future opportunities. The C-NLOER takes a long-term view of foreign worker hiring and accepts that some positions may be occupied by foreign workers, particularly in senior management roles, subject matter experts, and onboard specialized vessels.

Operators provide regular quarterly and annual reports to the C-NLOER on employment levels and are responsible for ensuring that they and their contractors meet the commitments of their approved benefits plan.

For further information on Benefits Plan provisions in relation to employment and training, refer to the Benefits Plan Guidelines.