Director and employer contact of applicant posted job advertisements for long-haul truck drivers with one to two years’ experience. Director was only able to hire one suitable candidate. Applicant applied for Labour Market Impact Assessment. Officer of Employment and Social Development Canada refused application on ground that applicant failed to demonstrate sufficient effort to hire Canadians or need for job. Applicant brought application for judicial review. Application dismissed. Officer did not foreclose possibility of deviating from guidelines or the National Occupation Classification. Officer recognized that applicant could have provided sufficient justification for additional job requirements but failed to do so. Applicant failed to provide evidence of experience requirement apart from unspecified insurance saving. Officer’s decision was reasonable. There was no breach of procedural fairness. Applicant was made aware of officer’s concerns, and director had opportunity to address concerns.
Sky Blue Transport Ltd. v. Canada (Minister of Employment and Social Development) (2017), 2017 CarswellNat 723, 2017 FC 273, Michael L. Phelan J. (F.C.).