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The wage being offered for the position will determine if you need to apply for a Labour Market Impact Assessment under the Stream for High-wage Positions or the Stream for Low-wage Positions, each with their own requirements.
If you are offering a wage to a temporary foreign worker that is:
Labour Market Impact Assessment (LMIA)
This step follows a job posting in three national media for a period of four weeks
Employers can request one LMIA per position to fill.
Employment and Social Development Canada (ESDC) does not check whether the foreign worker has the educational and professional background required to perform the tasks described in the job posting.
Transition plan high-wage positions
Employers looking to hire high-salary workers should submit transition plans along with their Labor Market Impact Assessment (LMIA) to make sure they take actions to reduce their recourse to temporary foreign workers over time.
Transition plans are designed to make sure employers use foreign workers in accordance with the objectives of the program. This means that they use the program as a last resort in order to meet immediate needs when qualified Canadians are not available and to make sure that Canadians are the first to be offered the available position.
Transition plans are required for all high-wage LMIA applications, however, in Quebec under the Facilitated Process, the exemption applies only to the first LMIA application request for the same occupation and same work location. A transition plan is only required from the second LMIA application request onwards for the same occupation in the same work location.
As of April 30, 2022 and until further notice, you are subject to a 20% cap limit on the proportion of temporary foreign workers that you can hire in low-wage positions at a specific work location. The cap is to ensure that Canadians or permanent residents are considered first for available jobs.
For applications received between April 30, 2022 and April 30, 2023 from employers hiring workers in low-wage positions in the following defined sectors and sub-sectors, you are eligible for a cap limit of 30%:
The sectors and sub-sectors classification code is determined by the North American Industry Classification System (NAICS) Canada.
Federal LMIA exemption
LMIA exemption in Quebec
The ministère de l’Immigration, de la Francisation et de l’Intégration du Québec (MIFI) has established provisions simplifying the hiring of TFWs. These provisions exempt employers from applying for an LMIA with ESDC/Service Canada, if they hire a TFW who:
The TFW must also fall into one of the following categories:
Facilitated labour market impact assessment process for Quebec employers
Employment and Social Development Canada (ESDC) and the ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI), signed an agreement to enable employers to apply for a Labour Market Impact Assessment (LMIA), to fill selected positions without having to include proof of recruitment efforts.
Inspections are used to determine whether employers who hire TFWs are meeting the compliance requirements set out in the Immigration and Refugee Protection Regulations (IRPR). Inspections take the form of a paper administrative exam or an on-site inspection. Employers can be subject to:
ESDC and IRCC assess employers’ compliance in function of the criteria established in the IRPR, namely:
During an inspection, ESDC/Service Canada inspectors will check if the employer has met the conditions set out in the job offer, the positive LMIA letter and its appendices. These conditions include:
Consequences of non-compliance during an inspection
Employers found to be non-compliant following an inspection carried out before December 1, 2015 could:
Employers found to be non-compliant following an inspection, relating to an offense that occurred since December 1, 2015, could:
Employers will have 30 days to present a written argument regarding any discrepancy associated with the violation in question, the proposed consequence, or both. During this period, the employer may also request an extension of the period granted to provide a reply. Such requests will be considered on a case-by-case basis and may be accepted if they prove to be reasonable. Any new information provided by the employer at this time will be examined by a distinct officer who was not involved in determining the temporary results.
If you are applying to hire temporary foreign workers for positions covered under a collective agreement, you must:
The hiring of temporary foreign workers must not affect current nor foreseeable labour disputes at the workplace.
We recommend that you work actively with union representatives to recruit Canadians and permanent residents.