LMIA - Based Work Permits

Description

Labour Market Impact Assessment (LMIA) criteria have changed for firms hiring foreign workers in the following categories. See below for a list of employment situations where LMIA advertisement is not required. The variation(s) may only apply to one or more provinces.

No additional Labour Market Impact Assessment exemptions apply since the position is academic. Work permits are required for the following foreign workers without labour market impact assessments:

(1) Peers after PhD

(2) Winners of research awards

(3) Eloquent persons are leaders in numerous fields.

(4) Guest lecturers

(5) Guest professors

(6) Both Americans and Mexicans are appointed as professors at the university, college, and seminary levels under NAFTA.

(7) Chileans hired as professors under the Canada-Chile Free Trade Agreement (CCFTA).

Variations

Employers must follow certain recruitment procedures:

(1) Job postings in Canada should be published and advertised abroad.

(2) Advertise for a month to give Canadians and permanent residents time to learn about the position;

(3) Show that the chosen advertising medium—web, print, or electronic—attracts suitable job candidates.

(4) Add “All qualified candidates are encouraged to apply; however, Canadians and permanent residents will be given priority” to the advertisement.

(5) Meet all collective agreement standards.

(6) Describe the university's recruiting process and include Canadian applications evaluated by the vice president (academic) or another senior academic figure.

(7) Prepare an annual summary report on Canadian academic recruitment techniques and results.

Applicability

All provinces

Description

The position is for an Ontario-only camp counsellor.

Variations

The employer must submit letters of offer and a written commitment to hire Canadian campers from the previous year. The employer should also commit to spring high school and post-secondary recruitment initiatives.

The application is limited to Ontario.

Description

One or more employer associations can advertise for its members.

Variations

Employers must also provide these documents with their LMIA applications:

A signed Appointment of Representative form authorising the third-party representative to act on their behalf. Service Canada officers may choose to contact employers directly to ensure authorization;

A recruitment report showing that the post was advertised, including copies of the ads, the number of Canadian or permanent resident applicants, and why they were rejected.

Employer associations must mention wage ranges and locations when advertising for numerous jobs for the same employer or different businesses. The prevailing wage must always be in the wage range.

Applicability

All territories and provinces

Description

In the entertainment industry, workers are often employed for a few days, in a specific location, and on short notice. Boxers, pub bands, DJs, musicians, singers, film directors and first assistant directors for feature films and commercials, key actors, artists, film or television crew for short projects and commercials, etc.

Variations

No advertising or hiring is needed.

This applies to all provinces.

Description

In-home carers hired under the TFW Programme must meet the same recruitment requirements as high-wage and low-wage jobs.

Variations

The employment posting does not required to include the employer's home address. They should include employment location information. Employers can list their first name only.

Applicability

All territories and provinces

Description

The warranty requires authorized manufacturer-designated workers to install, check, and repair equipment.

Variations

No advertising or hiring is needed.

Applicability 

All Provinces

Description

A faith-based independent school needs a teacher (NOC 4217). It only applies when the province Ministry of Education gives the independent school the power to choose religious instructor qualifications.

Variations

A faith-based independent school needs a teacher (NOC 4217). It only applies when the province Ministry of Education gives the independent school the power to choose religious instructor qualifications.

Applicability

All Provinces

Description

Canadians cannot be taught for work that needs an expert with unique knowledge and/or experience. Time is restricted.

This variation may apply in the following situations:

(1) Service needed for equipment made outside of Canada and the OEM does not have Canadian licensees (equipment is usually no longer under warranty or protected by an after-sales agreement); or

(2) The work requires someone unavailable in Canada with proprietary OEM (or approved OEM licensee) knowledge, skills, and/or tools to conduct the work or oversee and direct Canadians doing the work; or

(3) Service is needed for obsolete equipment that requires OEM-approved technicians or representatives to produce or reconfigure customized parts.

Variations

No advertising or hiring is needed.

Applicability

No advertising or hiring is needed.

Description

A Quebec Seasonal Agricultural Worker Programme (SAWP) seasonal agricultural worker is needed.

Variations

Quebec employers must observe Temporary Work Permits for Work when recruiting.

Only applicable in Quebec.

The Global Talent Stream helps Canadian firms quickly hire overseas technology specialists. The Temporary Foreign Worker Programme of Canada includes the Global Talent Stream. This programme prioritizes opportunities in Category A, which comprises high-growth enterprises recognized by partners, and Category B, which includes labour market-in-demand occupations. Employers can also hire temporary foreign workers without an LMIA under this programme.

The Global Talent Stream strategically recruits outstanding foreign technical talent to boost Canada's economy and innovation.

Category A includes high-growth companies that need specialized foreign workers. A designated referral partner must refer these firms to the Global Talent Stream. Category A partners refer companies for priority Labour Market Impact Assessment (LMIA) processing. Category A seeks exceptional foreign experts who can boost Canada's technological sector, economic growth, and innovation by targeting high-growth enterprises and their talent needs.

Canada's labour market needs in some occupations are addressed via Global Talent Stream Category B. This category makes it easier to identify qualified foreign workers for in-demand positions where Canadian or permanent resident candidates are few.

To compensate foreign workers, Category B employers must pay competitively. The wage criteria match Canadian labour market rates for similar jobs.

For the first two unique and specialized positions requested under Category A, a minimum annual compensation of $80,000 or the prevailing rate for that occupation is greater. Minimum compensation for a highly skilled Category B job on the Global Talent Occupations List.

The compensation range the firm is paying current employees who were hired for the same role, in the same location, with the same qualifications, and with the same experience; or

Government of Canada Job Bank median salary. The main column of Canada's employment bank shows median wages by town or area, job title, or NOC code.

Employers hiring skilled individuals through the Global Talent Stream must prepare a Labour Market Benefits Plan with ESDC. The LMBP ensures that enterprises hiring foreign workers through the Global Talent Stream support Canada's labour market, economic growth, and skill development. It aims to protect Canadian workers from job losses due to imported knowledge.

Category A employers must employ Canadians and permanent residents. Jobs must be created directly or indirectly.

Category B employers must invest more in training and education for Canadians and permanent residents.

The Global Talent Stream exempts two new groups of workers from work visa requirements: highly skilled NOC Occupation workers (skill type 0 or level A) and researchers.

Highly skilled professionals can enter Canada without a work permit for 15 days every six months or 30 days per year.

Research projects at publicly financed degree-granting or related research institutions allow researchers to enter Canada for 120 days per year without a work permit.