ESDC expects that employers are taking adequate steps to reduce their reliance on temporary foreign workers over time. Employers are expected to proactively engage in activities to recruit, hire, and train Canadians.
ESDC required employers to undertake five activities in addition to the existing recruitment and advertising requirements. These include:
1) Three additional recruitment activities.
2) One additional activity targeting under-represented groups (new immigrants, aboriginal people, youth, Canadians with disabilities).
3) One activity to help temporary foreign workers transition to permanent residence (such as providing them with permanent job offers).
Employers are required to prepare projected estimates of the numbers of Canadians/permanent residents they expect to recruit through these activities. They will also need to supply proposed timelines for the activities outlined.
Lastly, employers are required to report back to ESDC with the results of the activities they implemented as part of their transition plan. The results will be compared to their submitted projections and will be evaluated if the employer is audited or seeks to re-apply for a LMIA in the future.
Employers can request an exemption from the requirement to submit a transition plan if they can prove that the position being applied for requires a unique skill set or is contract/project-based.
Employers with 10 or more employees applying for a new LMIA are subject to a cap of 10 percent of TFWs who may be employed in low-wage positions. ESDC provided employers with a three-year transition period to allow adjustment to this new cap.
ESDC will no longer process LMIA applications in the Accommodation, Food Services and Retail Trade sectors for certain positions with an unemployment rate at or above six per cent, except for a few postal codes in Yellowknife, NWT.
There is also a list of specific automatic refusal NOCs in Alberta.
For all low-wage positions, the duration of work permits set out in LMIAs is limited to a maximum of one year.
10-day Processing for Highest-Demand, Highest-Paid and Shortest-Duration Occupations
LMIAs for highest-demand occupations (skilled trades), highest-paid (top 10 percent) occupations or short-duration work periods (120 days or less) are provided within a 10-business-day service standard.
Highest-demand occupations list:
The 10-day service standard is limited to the skilled trades where the prevailing wage rate is at or above the provincial/territorial median wage.
|Contractors and supervisors, electrical trades and telecommunications occupations||7202|
|Contractors and supervisors, carpentry trades||7204|
|Contractors and supervisors, other construction trades, installers, repairers and servicers||7205|
|Contractors and supervisors, mechanic trades||7301|
|Contractors and supervisors, heavy equipment operator crews||7302|
|Supervisors, logging and forestry||8211|
|Supervisors, mining and quarrying||8221|
|Contractors and supervisors, oil and gas drilling services||8222|
|Logging machinery operators||8241|
|Agricultural service contractors, farm supervisors and specialized livestock workers||8252|
|Supervisors, mineral and metal processing||9211|
|Supervisors, petroleum, gas and chemical processing and utilities||9212|
|Supervisors, plastic and rubber products manufacturing||9214|
|Central control and process operators, mineral and metal processing||9231|
|Power engineers and power systems operators||9241|
|Water and waste treatment plant operators||9243|
|Machinists and machining and tooling inspectors||7231|
|Sheet metal workers||7233|
|Structural metal and plate work fabricators and fitters||7235|
|Welders and related machine operators||7237|
|Electricians (except industrial and power system)||7241|
|Power system electricians||7243|
|Electrical power line and cable workers||7244|
|Telecommunications line and cable workers||7245|
|Telecommunications installation and repair workers||7246|
|Steamfitters, pipefitters and sprinkler system installers||7252|
|Construction millwrights and industrial mechanics||7311|
|Heavy-duty equipment mechanics||7312|
|Refrigeration and air conditioning mechanics||7313|
|Aircraft mechanics and aircraft inspectors||7315|
|Elevator constructors and mechanics||7318|
|Drillers and blasters - surface, mining, quarrying and construction||7372|
|Water well drillers||7373|
|Underground production and development miners||8231|
|Oil and gas well drillers, servicers, testers and related workers||8232|
|Petroleum, gas and chemical process operators||9232|
List of Skilled Trades Eligible for 10-day Speed of Service
If the prevailing wage rate for an occupation is above the figure indicated below for the province in which the LMIA is being applied for, the application will be assessed in 10 business days or less (figures valid from April 29, 2017):
|Newfoundland and Labrador||$42.74|
|Prince Edward Island||$36.06|
The 10-day service standard will be available for employers seeking to hire temporary foreign workers for a duration of 120 calendar days and where the prevailing wage rate for the occupation is at or above the provincial or territorial median wage.
For every job position being requested, employers have to pay a CAD $1,000 application fee. This is not per application, but per position.
Therefore, if the LMIA application is requesting 10 positions, the application fees due would be CAD $10,000.
1. Employers are held accountable for the promises they make in their LMIA applications. Particular focus is on the proposed activities in their transition plans. ESDC will be following up with employers through audits. They will also examine submitting results if the employers choose to re-apply.
2. Prior to 2013, it cost employers nothing to apply for LMOs. A $275 application fee was then introduced, and as of June, 2014 the fee has more than tripled to $1,000. ESDC wants employers to carefully consider the amount of temporary foreign workers they seek to employ.
3. LMIA applications are detailed and require lots of documentation and statistical tabulation. Examples include a numerical breakdown of the number of Canadian applicants for the position, the number of offers of employment made, the number of unqualified applicants, etc. Also, employers must now provide a written description of why each un-hired Canadian was not qualified or suited for the job.
1. Employers may be reluctant to undergo the LMIA process for applicants whose situations are marginal. These situations may include:
- Working Holiday work permit holders seeking to remain on staff with their current employer at the end of their work permit.
- Post-graduation work permit holders seeking to remain on staff with their current employer at the end of their work permit.
- Open work permit holders seeking to remain on staff with their current employer at the end of their work permit.
2. Even if LMIAs are issued, the maximum duration that workers can stay and work is now shortened.
Employers seeking to hire with the support of a LMIA should be able to clearly articulate their business challenges to Service Canada, as well as manage a lot of detail. There is no secret formula to obtaining a positive LMIA.
It’s all about following detailed guidelines, paying attention to the minutiae, and providing a clearly articulated position to Service Canada. Most Program Officers are well-educated, reasonable people, and understand the wide majority of industries across Canada.
They base their decisions on internal labour market indicators, as well as the information submitted by the employer. When these two things correctly intersect, they may issue a positive LMIA.
Program Officers take a hard stance on employers trying to circumvent the system. They don’t take kindly to employers who are being dishonest and fraudulent about their recruitment efforts.
Successful LMIA applications are detailed, logical, and well-articulated pieces of business communication; they are not just a stack of application forms and a few job postings.
It is the duty of the employer, or their representative, to explain clearly to the presiding officer:
1) What means they have taken to recruit or train Canadians.
2) Why they have had difficulty recruiting Canadians.
3) What their plan is to train Canadians so as to not become reliant upon the use of temporary foreign workers.
4) The ways in which the Canadian labour market would benefit from the hiring of temporary foreign workers through the filling of labour shortages, transfer of skills, job creation, etc.
5) The intention of the employer to abide by all applicable Canadian labour laws as they relate to hiring foreign workers.
Obtaining a positive LMIA takes a keen attention to detail and an extensive amount of work. By ensuring that guidelines are followed carefully and making a clear position to the Program Officer, the chance of receiving a favourable result will be greatly increased.
ESDC takes the position that the TFWP is to be used only as a last resort for Canadian employers seeking to fill immediate, acute labour shortages in high-demand positions or for specific projects. The TFWP is not to be used as a business model.
Employer Transition Plans
Cap on low-wage Temporary Foreign Workers
Refusal to process a LMIA application
How does this affect employers?
How does this affect job seekers?
Mobilité francophone: LMIA exemption for French-speaking temporary workers outside Quebec
Since June 1st, temporary work permit applications may be submitted in the new Mobilité francophone stream of the International Mobility Program. Mobilité francophone is designed to facilitate procedures for French-speaking candidates whose workplace will be in any province or territory outside of Quebec. In order to participate, a job offer is required in a managerial, professional or technical/skilled trade occupation, that is in National Occupational Classification (NOC) levels 0 (managerial), A (professional) or B (technical). The employer does not need to obtain a Labour Market Impact Assessment (LMIA). The other criteria to note is that the recruitment should be through a promotional event linked to the Embassy of Canada.
The Canadian employer must submit an offer of employment through the Immigration, Refugee and Citizenship Canada (IRCC) Employer Portal. In the portal, the employer shares information about the business, the candidate and the job. For an LMIA exempt offer, the LMIA exemption title (Mobilité francophone) and the LMIA exemption code (C16) must be entered. The employer must also pay the 230$ Employer compliance fees. The employer will receive an offer of employment number which he must transmit to the candidate. With the offer of employment number, the candidate will be able to complete an application for a work permit.
- In reply to the question “How long are you planning to stay in Canada ?“ the candidate should select “Temporarily – less than six months“ or “Temporarily – more than six months“. Concerning the type of permit, the candidate should select “A work permit with a Labour Market Impact Assessment exemption“.
- Even if the candidate is in Canada, he must complete an Application for Work Permit Made Outside of Canada [IMM 1295] and indicate as country of residence his country of usual residence, not Canada, in order to obtain the correct document checklist.
- Persons currently working in Canada under an LMIA-exemption for Francophones may apply for an extension of the work permit.
If the offer of employment is for 6 months or more, an application for an open work permit may be submitted at the same time for the candidate’s spouse or common-law partner. Dependent children may also apply to accompany and study in Canada.
Mobilité francophone work permit applications may be submitted on-line or in paper format via a Visa Application Centre (VAC). Processing times are indicated on the IRCC website.
Immigration, Refugees and Citizenship Canada will examine the application and inform the candidate of the decision. If the decision is positive, the candidate will receive a Port of Entry (POE) Letter of Introduction via his MyCIC account if the application is submitted on-line or by email if the application is submitted via a VAC. The candidate must show this letter to officials when arriving in Canada to get the work permit. If the candidate is in Canada when he received the Letter of Introduction he must leave Canada and re-enter in order to present the Letter of Introduction at a port of entry. For visa-exempt candidates, an Electronic Travel Authorization (eTA) will be issued at the same time as the Letter of Introduction.
Officers may issue an LMIA-exempt work permit that is valid for the duration of the offer of employment or until the expiry of the passport/travel document, whichever is earlier.
Candidates wishing to establish in Canada for a longer period are encouraged to apply for permanent residence as soon as they are eligible.
For more information about Mobilité francophone:
Attracting skilled francophone workers to Canada and encouraging them to settle in communities outside of Quebec is the goal of a new International Mobility Program stream that will launch June 1st 2016.
“We want francophone minority communities in Canada to continue to be vibrant and growing,” Immigration, Refugees and Citizenship Minister John McCallum said today.
Starting June 1, 2016, the Mobilité Francophone stream will exempt employers from the Labour Market Impact Assessment process when they hire francophone workers in managerial, professional and technical/skilled trades occupations from abroad to work in francophone minority communities outside of Quebec.
“Canada’s diversity is enriched by our francophone minority communities all across the country,” said Canadian Heritage Minister Melanie Joly.
- The goal of Immigration, Refugees and Citizenship Canada is to have francophone newcomers make up at least 4% of all economic immigrants settling outside of Quebec by 2018. The overall target for francophone immigration outside Quebec is 4.4% by 2023.
- Since 2014, reforms to the International Mobility Program have ensured that it meets the objective of allowing temporary workers to come to Canada when they advance our economic and cultural interests.