Canada’s immigration system closely depends on the Nationwide Occupational Classification (“NOC”) system, managed by Service Canada. For candidates within the financial class, a deep understanding of the NOC system is essential. The success of their immigration functions typically hinges on proving they’ve qualifying expertise or pre-arranged employment in particular NOC classes.
Employers submitting Labour Market Affect Evaluation (“LMIAs”) functions to the Ministry of Financial and Social Growth Canada (“ESDC“) have to know which NOCs their positions fall below as a result of it will decide the respective prevailing wage and recruitment necessities.
Furthermore, worldwide graduates needs to be aware of the NOC classification of their first job after finishing post-secondary training. Expertise in sure NOCs is crucial for it to rely in the direction of immigration eligibility.
What’s the Nationwide Occupational Classification?
The 2021 Nationwide Occupational Classification (NOC) system, as outlined by Service Canada, is the definitive useful resource for occupational info in Canada. The NOC serves because the nationally accepted framework for organizing occupations inside the Canadian labor market.
Underneath the NOC 2021 system, almost all occupations in Canada are categorised and grouped based mostly on the character of the work carried out, which is decided by the duties, duties, and tasks related to every occupation. Each occupation is assigned a singular 5-digit NOC code, an replace from the earlier 4-digit system.
To find out the suitable NOC code for a particular place, begin by visiting the Service Canada web site. By coming into the job title (or comparable titles), you’ll be able to determine essentially the most relevant NOC code for the function.
For instance, a search of “Cook dinner” on Service Canada’s NOC web site reveals the next potential NOC codes containing the phrase “Cook dinner”:
The NOC Matrix (2016 and 2021)
For many immigration packages, a very powerful facet of the NOC system to grasp is the excellence between “Excessive-Expert” and “Low-Expert” positions. The excellence between the 2 ability ranges is vital for many financial immigration packages and the Non permanent Overseas Employee Program.
Underneath the NOC system, occupations are divided into quite a few Talent Ranges as follows:
|
NOC Talent Degree |
Description |
|
0 |
Administration |
|
A |
Occupation often requires college training |
|
B |
Occupation often requires faculty training or apprenticeship coaching |
|
C |
Occupation often requires secondary college and/or occupational particular coaching |
|
D |
On-the-job coaching is often supplied for occupations. |
Service Canada has a helpful matrix displaying which Talent Degree every NOC falls on its web site:
Occupations which fall below NOC Talent Degree O, A, or B are thought of “Excessive-Expert.” Occupations which fall below NOC Talent Degree C or D are thought of Low-Expert.
In 2021, the 2016 NOC was changed with the 2021 NOC. NOC 2021 resulted in NOC 0, A, B, C and D being replated with TEER 0, 1, 2, 3, 4, and 5. 5 teams grew to become six. TEER stands for Coaching Training, Expertise and Accountability. 4 digit NOC codes had been changed with new five-digit occupational codes.
Distinguishing NOC Codes
The NOC system in Canada could be nuanced and unforgiving on the subject of distinguishing between occupations. For instance, NOC 62100 – Technical Gross sales Specialists (Wholesale Commerce) consists of roles like “digital gross sales consultant” and “farm equipment salesperson,” that are categorised as Excessive-Expert occupations. In distinction, NOC 64100 – Gross sales and Account Representatives (Wholesale Commerce) – Non-Technical covers positions like “promoting company dealer” and “freight-forwarder,” that are categorized as Low-Expert.
This distinction is essential for immigration functions. Employment expertise below NOC 62100is eligible for packages just like the Federal Expert Employee Program (“FSWP”) and the Canadian Expertise Class (“CEC”). Nonetheless, expertise below NOC 64100does not qualify for these immigration pathways.
Typically, the duties of two NOCs are very comparable.
The Foremost Duties of NOC 1241 – Administrative Assistants, which is Excessive-Expert, for instance, are:
The Foremost Duties of NOC 1241 – Basic Workplace Help Staff, which is Low-Expert, in the meantime, are:
Visualizing the similarities between varied NOCs is like imagining a Venn Diagram. Relying on the precise duties carried out, a place would possibly fall below a number of NOCs. As an example, it’s not unusual for candidates to say expertise in NOC 1241, just for IRCC to find out that NOC 1411 is extra applicable. This reclassification can have vital penalties, because the applicant could also be categorised as having Low-Expert expertise, making them ineligible for immigration.
Particular Applications
The significance of understanding learn the NOC web site can’t be overstated. For instance, r. 75(2)(a)-(c) of the Immigration and Refugee Safety Laws (“IRPR”) offers:
A overseas nationwide is a talented employee if
(a) inside the 10 years earlier than the date on which their utility for a everlasting resident visa is made, they’ve amassed, over a steady interval, no less than one yr of full-time work expertise, or the equal in part-time work, within the occupation recognized by the overseas nationwide of their utility as their main occupation, apart from a restricted occupation, that’s listed in Talent Sort 0 Administration Occupations or Talent Degree A or B of the Nationwide Occupational Classification matrix;
(b) throughout that interval of employment they carried out the actions described within the lead assertion for the occupation as set out within the occupational descriptions of the Nationwide Occupational Classification;
(c) throughout that interval of employment they carried out a considerable variety of the principle duties of the occupation as set out within the occupational descriptions of theNationwide Occupational Classification, together with the entire important duties;
IRPR r. 87.1 in the meantime states that:
A overseas nationwide is a member of the Canadian expertise class if
(a) they’ve acquired in Canada, inside the three years earlier than the date on which their utility for everlasting residence is made, no less than one yr of full-time work expertise, or the equal in part-time work expertise, in a number of occupations which are listed in Talent Sort 0 Administration Occupations or Talent Degree A or B of the Nationwide Occupational Classification matrix, unique of restricted occupations; and
(b) throughout that interval of employment they carried out the actions described within the lead assertion for the occupation as set out within the occupational descriptions of the Nationwide Occupational Classification;
(c) throughout that interval of employment they carried out a considerable variety of the principle duties of the occupation as set out within the occupational descriptions of the Nationwide Occupational Classification, together with the entire important duties;
Certainly, the time period “Nationwide Occupational Classification” seems 36 occasions in IRPR, and could be discovered all through the IRCC, ESDC, and quite a few provincial nomination program web sites. As could be seen above, most packages typically require candidates to show that their place matches a NOC’s lead assertion, and that they carry out a “substantial quantity” of the principle duties of that NOC.
Retail vs. Wholesale Commerce
Because the Federal Court docket determination in Saatchi v. Canada (Citizenship and Immigration), 2018 FC 1037, demonstrates, two explicit NOCs that trigger confusion are NOC 6221 – Technical Gross sales Specialist and NOC 6421 – Retail Salesperson. As Justice Flavel famous,
In reviewing the lead statements for Retail Salesperson (NOC 6421) and Technical Gross sales Specialist (NOC 6221), there are a number of vital variations, one among which is that the previous sells on to customers, whereas the latter sells to “governments and to industrial and industrial institutions in home and worldwide localities.” One other approach this might be defined is a distinction in scale. The Technical Gross sales Specialist sells technical items and companies to institutional shoppers whereas a Retail Salesperson might sometimes promote a particular good or service to a person buyer.
As is made clear from the 2016 NOC, Retail Salespersons are explicitly excluded from the ambit of Technical Gross sales Specialist. An officer assessing NOC 6421 would subsequently have an obligation to make sure that an applicant’s expertise was really that of a Technical Gross sales Specialist and never that of a Retail Salesperson, and therefore, excluded.
The onus was on Mr. Saatchi to fulfill the Officer that he met the necessities of Technical Gross sales Specialist – NOC 6221. In assist of his utility, Mr. Saatchi submitted two employment letters. Whereas it’s true that each letters acknowledged that his job title was Technical Gross sales Consultant – Wholesale Commerce Specialist in Heavy-Responsibility Vehicles and Cargo Vans, his employers seemed to be automotive dealerships. Additional, not one of the duties listed in his employment letters supplied any particulars concerning Mr. Saatchi’s expertise within the wholesale commerce of professional quality vans and cargo vans. Mr. Saatchi listed in his CEC utility that in his time at Scarborotown he was engaged in “auto gross sales.”
The Respondent additionally appropriately factors out that the Applicant didn’t inform the Officer – wherever in his utility – that his prospects had been principally farmers and development firms. The Applicant solely launched these particulars in his additional affidavit within the current utility for judicial evaluation. This info was not earlier than the Officer and is subsequently inadmissible on judicial evaluation, as no exceptions come up that justify derogating from this common rule (Affiliation of Universities and Schools of Canada v Canadian Copyright Licensing Company (Entry Copyright), 2012 FCA 22 at paras 19-20).
Cook dinner vs. Meals Counter Attendant
One other tough distinction which frequently arises is Meals Counter Attendant vs. Cook dinner. In Kumar v. Canada, 2019 FC 367, the applicant labored as a Cook dinner at J’s Pizza and Comfort Retailer.
The Lead Assertion for Cooks states:
Cooks put together and prepare dinner all kinds of meals. They’re employed in eating places, motels, hospitals and different well being care establishments, central meals commissaries, instructional establishments and different institutions. Cooks are additionally employed aboard ships and at development and logging campsites.
The Lead Assertion for Meals Counter Attendants, in the meantime, states that:
Meals counter attendants and meals preparers put together, warmth and end cooking easy meals gadgets and serve prospects at meals counters. Kitchen helpers, meals service helpers and dishwashers clear tables, clear kitchen areas, wash dishes, and carry out varied different actions to help employees who put together or serve meals and drinks. They’re employed by eating places, cafés, motels, quick meals shops, cafeterias, hospitals and different institutions.
In figuring out that it was affordable for a visa officer to find out that the applicant was a Meals Counter Attendant, the Federal Court docket acknowledged that:
It was affordable to conclude that the Applicant doesn’t put together all kinds of meals as a result of the Applicant solely prepares a restricted number of easy meals, akin to pizzas, rooster wings, lasagna, salads and breads that are served at a meals counter.
Job Titles
In Zarrabi v. Canada (Citizenship and Immigration), 2024 FC 1336, Justice Diner reiterated that it’s the job duties, relatively than title, which are determinative:
On the listening to, Mr. Zarrabi’s counsel reminded the Court docket that the NOC job classifications are “supposed for broad use” and that “occupations are recognized and grouped primarily based on the work carried out, as decided by coaching, training, duties, experiences, duties and tasks for an occupation” (Statistics Canada, Nationwide Occupational Classification (NOC) 2021 Model 1.0, Catalogue No 12-583-X (Ottawa: Statistics Canada, 2021) at p 8). This underlines that to solely be guided by the job title relatively than the underlying duties locations kind over substance.
I be aware that in Rodrigues v Canada (Citizenship and Immigration), 2009 FC 111 [Rodrigues], this Court docket has held that “the actual operate of the visa officer is to find out what’s the pith and substance of the work carried out by an applicant” (at para 10) (albeit, within the context of the Expert Employee Program). Moreover, the job features relatively than the title are key for the correct classification. As this Court docket has additional famous “the actual job title an individual might maintain isn’t a major issue within the evaluation a visa officer is required to make below s 87.1(2) of the IRPR” (Adewunmi v Canada (Citizenship and Immigration), 2021 FC 1186 at para 23, within the context of Canadian Expertise Class). Though the brink might differ for various PR packages, the precept stays fixed: the determinative issue is what Mr. Zarrabi did for Starbucks as a shift supervisor. If one appears to be like on the pith and substance of his job duties as a barista (cashier), it’s obscure – with none rationalization or rationale from the officer – how the extra job modified the classification to NOC-6311, the duties of which, by and enormous, don’t seem constant together with his supervisor function. As Justice Phelan acknowledged in in Rodrigues, “[t]angential efficiency of a number of features below a number of job classes doesn’t convert the job or the features from one NOC class to a different” (at para 10).
Senior Managers
There may be typically uncertainty over whether or not a Senior Managerial or Managerial place applies. In Recursive Craft Inc. v. Canada (Employment and Social Growth), 2022 FC 1206, Justice Ahmed acknowledged:
I agree with the Respondent’s place. Whereas the Applicant’s counsel acknowledged in the course of the listening to that the Applicant has 4 workers, on the time of the LMIA utility, the Applicant had just one worker and supposed to rent two extra within the upcoming 12 to 24 months. Given the small dimension of the group’s crew, I discover it was affordable of the Officer to find out that Mr. Ashyrov – no matter his title – wouldn’t be working via center managers, however would as a substitute be instantly concerned within the operations of the enterprise, a place that was higher suited to a NOC 0213 classification.
I settle for the Applicant’s submission that NOC Tips don’t deal with the precise dimension or construction of a corporation, and the descriptions for NOC 0213 and NOC 0013 don’t in truth present any concrete numbers for the dimensions of an organization. Nonetheless, I discover that the Applicant’s argument that the Officer erred by contemplating the dimensions of the company is misplaced. I agree with the Respondent’s argument that it’s obligatory to contemplate the dimensions and construction of a corporation in an effort to perceive what the day-to-day function of an govt could be. On this case, it is usually vital in understanding the “sort of work carried out”, pursuant to the NOC Tips. As famous by the Respondent, the function of an govt in an organization with lots of of workers and a corresponding hierarchy of managers will essentially differ from the function of an govt in an organization with one worker.
As such, I additionally agree with the Respondent that the NOC 0013 description means that it pertains to a place inside an organizational construction with a number of ranges of hierarchy that enables for center administration – a construction most frequently related to bigger organizations. The outline of NOC 0013 refers to managers who “plan, arrange, direct, management and consider, via center managers, the operations of their group…”. As rightly famous by the Respondent in the course of the listening to, the elemental distinction between NOC 0013 and NOC 0213 is that NOC 0013 refers to positions of executives who function via center administration, relatively than partaking within the work themselves.
Moreover, whereas Mr. Ashyrov might very nicely maintain the title of “President and Chief Expertise Officer”, I discover it was affordable of the Officer to look at the duties he performs and the function he performs inside such a small crew. Job titles should not determinative. Because the Respondent argues, to simply accept that Mr. Ashyrov’s title determines his NOC code would elevate kind over substance within the method that this Court docket has routinely rejected (Katebi v Canada (Citizenship and Immigration), 2014 FC 813 at para 53; Rodrigues v Canada (Citizenship and Immigration), 2009 FC 111 at para 10). Notably, this aligns with the Applicant’s argument that the core precept of NOC coding, pursuant to the NOC Tips, pertains to the “sort of work carried out”. The Officer additionally defined that because the Applicant’s firm grows, it might be potential for Mr. Ashyrov to finally give attention to NOC 0013 duties.
Underneath the reasonableness normal, the Officer’s decision-making course of is entitled to deference (Vavilov at para 98). I discover that the Officer adequately utilized the NOC Tips to evaluate the job place within the LMIA utility, in addition to the duties carried out by Mr. Ashyrov. In doing so, I’m glad that the underlying rationale of the Officer’s determination is clear, intelligible and justified (Vavilov at para 15).