LMIA based Work Permit

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    Variations to Minimum Advertising Requirements (LMIA)

    Employers who wish to hire foreign workers in the following categories are subject to a variation in the advertising requirements for a Labor Market Impact Assessment.

    Below is the list of employment situations for which the usual advertising requirement for an LMIA do not apply.

    The variation(s) may only apply to a specific province or province in certain situations.

    Academics (University Professors)

    Description: The position is academic and is not covered by any other applicable Labour Market Impact Assessment exemption.

    Foreign workers who need a work permit, but do not require a Labour Market Impact Assessment, include:

    • Post-doctoral fellows;
    • Research award recipients;
    • Eminent individuals, for example, leaders in various fields;
    • Guest lecturers;
    • Visiting professors;
    • Citizens of the U.S. and Mexico appointed as professors under the university, college, and seminary levels of the North American Free Trade Agreement NAFTA); and
    • Citizens of Chile were appointed as professors under the Canada Chile Free Trade Agreement (CAFTA).

    Variation: The employer must conduct recruitment efforts as per the following:

    • Advertise vacant positions in Canada;
    • Make sure any vacant position advertised abroad is also advertised simultaneously in Canada;
    • Advertise for a reasonable length of time (about a month) to allow broad exposure of the vacancy to Canadians and permanent residents;
    • Demonstrate that the advertising medium used (web, print, or electronic) is effective in attracting appropriate candidates for the position;
    • Include in the advertisement this statement: “All qualified candidates are encouraged to apply; however Canadians and permanent residents will be given priority”;
    • Meet all conditions of applicable collective agreements;
    • Outline the educational institution’s hiring decision and provide summaries of Canadian applicants verified by the vice-president (academic) or other senior academic officials of the educational institution; and
    • Be prepared to fill a yearly summary report on recruitment practices for Canadian academics and results.

    Applicability: All Provinces

    Camp Counsellors

    Description: The position is for a camp counselor working in Ontario.

    Variation: The employer must provide documentation (e.g., job offer letters) showing efforts to hire Canadian campers from the previous year and a commitment in writing. Moreover, the employer should pursue spring recruitment campaigns in high schools and post-secondary institutions.

    Applicability: Ontario only

    Collective Bargaining Agreement that Stipulates Internal Recruitment

    Description: The position is part of a collective bargaining agreement that contains provisions for hiring/promoting through internal staffing processes. This pertains to cases where a temporary foreign worker started employment, as per the original approved LMIA and work permit, but who has, through an internal hiring process — stipulated for a collective bargaining unit through a Collective Bargaining Agreement (CBA) — was promoted to a different occupation. In this case, a new LMIA and work permit would be required since the foreign worker was hired in another domain.

    Variation: In this case, internal posting for the position, as per the CBA, will satisfy minimum advertising requirements. Specifically, the employer must provide the internal posting of the opportunity for promotion. In addition, all Collective Bargaining Unit members must have had a chance to apply for the position.

    It is important to note that an internal posting for a position can only be accepted as minimum advertising requirements for workplaces/positions that are covered by a CBA, which stipulates internal recruitment. This does not extend to promotions granted in other scenarios.

    Applicability: All Provinces

    Employer Associations

    Description: An employer association can be authorized to advertise on behalf of one or more of its members.

    Variation: An employer association advertising for positions on behalf of an employer, or several employers, must advertise according to the general advertising requirements for NOC 0, A, B, C, and D.

    In addition, the following documents must be submitted with the employer’s LMIA application:

    • A signed Appointment of Representative form explicitly authorizing the third-party representative to act on their behalf. Service Canada officers may, at their discretion, contact employers directly to confirm the authorization; and
    • A report on recruitment efforts to demonstrate that the position was advertised, including copies of the advertisements, the number of Canadian or permanent resident applicants, and why the applicants were not hired.

    Employer associations conducting advertising for more than one job for the same employer or multiple employers must ensure that the advertisement includes the wage range for each job and location. The wage range must always have the prevailing wage for the position.

    Applicability: All Provinces

    Entertainment Sector

    Description: The position is for a specific occupation in the entertainment sector where a worker is often hired for a minimal number of days, in a particular location, and on concise notice (e.g., boxers, bar bands, DJs, musicians, singers, film directors and first assistant directors for feature films and commercials, key actors, artists, film or television crew for short productions and commercials, etc.).

    Variation: No advertising or recruitment is required.

    Applicability: All Provinces

    Hiring by a Foreign Government

    Description: The position is with an international organization or the mission of a foreign government but is not exempt under Section 186 (work permit not required) or Section 204 (business visitor under GATS or NAFTA) of the Immigration and Refugee Protection Regulations.

    Variation: In such cases, the international organization or foreign government will have selected the foreign national according to its own process and in light of its requirements. No advertising or recruitment is required.

    Applicability: All Provinces

    In-Home Caregiver

    Employers hiring in-home caregivers under the TFW Program must follow the exact recruitment requirements for high-wage or low-wage occupations.

    Variation: As part of the job advertisement, employers do not need to list the business address (e.g., home address). However, they should include information regarding the location of work. In addition, employers may not list their full name but instead can use their first name only or other reasonable identifiers.

    Applicability: All provinces and territories

    On-farm Primary Agriculture (Higher-skilled and Lower-skilled Occupations)

    Description: Employers hiring temporary foreign workers to work in on-farm primary agriculture have specific advertising criteria that must be met for:

    • Higher-skilled positions such as farm managers/supervisors and specialized livestock workers (specifically National Occupational Classification (NOC) codes 8251, 8252, 8253, 8254, and 8256); and
    • Lower-skilled positions include general farm workers, nursery and greenhouse workers, and harvesting laborers (specifically NOC codes 8431, 8432, and 8611).

    Owners/Operators

    Description: The position is for business owners and does not refer to individuals who receive shares as part of a compensation package. To qualify as an owner/operator, the foreign national must:

    • demonstrate a level of controlling interest in the business, e.g., be a sole proprietor or a majority shareholder;
    • demonstrate that such temporary entry will result in the creation or retention of employment opportunities for Canadians and permanent residents and/or skills transfer to Canadians and permanent residents; and,
    • Not be able to be dismissed.

    Variation: No advertising or recruitment is required.

    Applicability: All Provinces

    Religion Instructors

    Description: The position is for an instructor in a faith-based independent school (Other Religious Occupations, NOC 4217). This variation only applies to situations where the provincial Ministry of Education delegates to the independent school the ability to establish the qualifications of their instructors based on religion.

    Variation: Employers must advertise on the national Job Bank (or provincial equivalent) or conduct similar recruitment activities consistent with the occupation (e.g., advertising in church publications) three months before applying for an LMIA.

    Specialized Service Technicians/Specialized Service Providers

    Descriptions: When the work requires a specialist having proprietary knowledge and experience related to the work to be performed, the duration of the work is limited, and there is no opportunity for Canadians to be trained.

    Situations to which this variation could apply (but are not limited to):

    • Service required for equipment manufactured outside of Canada and the original equipment manufacturer (OEM) does not have Canadian licensees that can do the work (equipment is generally no longer under warranty or covered by an after-sales agreement); or
    • The work to be performed requires someone currently unavailable in Canada, with proprietary knowledge, experience, and tools from the OEM (or an approved OEM licensee) to complete the work or to oversee and direct Canadians doing the work; or
    • Service required for equipment that is so old (no longer in production) that customized parts have to be manufactured / or new features reconfigured by an OEM approved technician/representative.

    Variation: No advertising or recruitment is required.

    Applicability: All Provinces

    Warranty Work

    Description: When the work entails installation, inspection, or repair of equipment, the terms of the warranty require the work to be done by skilled workers designated by the manufacturer.

    Variation: No advertising or recruitment is required.

    Applicability: All Provinces

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