Advertising Requirements - Themillenniumimmigration

LMIA Advertising Requirements

Employers looking to hire foreign workers in the following categories are subject to modified advertising requirements for a Labour Market Impact Assessment (LMIA).

Below is a list of employment situations where the standard advertising requirements for an LMIA do not apply. In some cases, these variations may be specific to certain provinces.

Academics
Camp Counsellors
Certificate of Selection from Quebec
Collective Bargaining Agreement that Stipulates Internal Recruitment
Employer Associations
Entertainment Sector
Hiring by a Foreign Government
In-Home Caregiver
On-farm Primary Agriculture
Religious Instructors
Seasonal Agricultural Workers
Specialized Service Technicians
Warranty Work
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Academics

Position Overview: This role is academic in nature and does not fall under any existing Labour Market Impact Assessment exemptions.

Foreign workers eligible for a work permit without needing a Labour Market Impact Assessment include:

Post-doctoral fellows
Recipients of research awards
Distinguished individuals, such as leaders in various disciplines
Guest lecturers
Visiting professors
U.S. and Mexican citizens appointed as professors under the North American Free Trade Agreement (NAFTA) at the university, college, and seminary levels
Chilean citizens appointed as professors under the Canada-Chile Free Trade Agreement (CCFTA)

Recruitment Requirements: The employer must undertake recruitment activities that include:

Advertising job openings within Canada
Simultaneously posting any job vacancies advertised internationally in Canada
Running advertisements for a reasonable duration (approximately one month) to maximize visibility among Canadians and permanent residents
Demonstrating that the advertising channels used (whether web, print, or electronic) effectively attract suitable candidates
Including the following statement in the advertisement: “All qualified candidates are encouraged to apply; however, Canadians and permanent residents will be prioritized”
Complying with all relevant collective agreements
Providing an overview of the hiring decision by the educational institution, along with summaries of Canadian applicants, verified by the vice-president (academic) or another senior academic official
Submitting an annual summary report on recruitment practices for Canadian academics and outcomes

Scope: Applicable across all provinces.

Camp Counsellors

Position Overview: This role is for a camp counsellor based in Ontario.

Recruitment Requirements: The employer is required to provide documentation (such as job offer letters) demonstrating efforts to hire Canadian campers from the previous year, along with a written commitment to these efforts. Additionally, the employer should actively pursue Spring recruitment campaigns targeting high schools and post-secondary institutions.

Scope: Applicable exclusively to Ontario.

Certificate of Selection from Quebec

Position Overview: Employers looking to hire a foreign national who has been selected by Quebec as part of the process to obtain permanent residence and has received a Certificate of Selection in Quebec (CSQ).

Recruitment Requirements: Employers may be exempt from recruitment and advertising requirements only if Service Canada confirms that the National Occupational Classification (NOC) code associated with the job offer matches the NOC code on the CSQ during the LMIA application review.

If Service Canada finds that the NOC code on the CSQ differs from the one on the LMIA application, employers must fulfill all recruitment obligations as per the minimum advertising standards.

Employers hiring a temporary foreign worker with a CSQ residing in Quebec may not need to obtain an LMIA. For additional details on LMIA exemptions specific to Quebec, please refer to the relevant page.

Scope: Applicable only in Quebec.

Collective Bargaining Agreement that Stipulates Internal Recruitment

Position Overview: This role is governed by a collective bargaining agreement that includes provisions for hiring and promoting through internal staffing processes. This applies when a temporary foreign worker, initially hired under an approved LMIA and work permit, is promoted to a different position through an internal hiring process as outlined in the collective bargaining agreement (CBA). In such cases, a new LMIA and work permit will be necessary since the foreign worker is being hired for a different role.

Recruitment Requirements: For this scenario, an internal posting for the position, as mandated by the CBA, will fulfill the minimum advertising requirements. The employer must provide documentation of the internal promotion opportunity, ensuring that all members of the Collective Bargaining Unit have had a chance to apply.

It’s crucial to note that internal postings can only be accepted as meeting minimum advertising standards for roles covered by a CBA that specifies internal recruitment. This does not apply to promotions in other contexts.

Scope: Applicable across all provinces.

Employer Associations

Position Overview: An employer association may be authorized to advertise on behalf of one or more of its members.

Advertising Requirements: When an employer association advertises for positions on behalf of an employer or multiple employers, it must comply with the general advertising requirements for NOC categories 0, A, B, C, and D.

Additionally, the following documents must be included with the employer’s LMIA application:

1. A signed Appointment of Representative form, clearly authorizing the third-party representative to act on their behalf. Service Canada officers may contact employers directly to verify this authorization.
2. A report detailing recruitment efforts that demonstrates the position was advertised. This report must include copies of the advertisements, the number of Canadian or permanent resident applicants, and reasons why those applicants were not hired.

For employer associations advertising multiple positions for the same employer or for various employers, the advertisement must specify the wage range for each job and location, ensuring that it reflects the prevailing wage for the position.

Scope: Applicable across all provinces.

Entertainment Sector

Position Overview: This role is for a specific occupation within the entertainment sector, where individuals are typically hired for a limited number of days, often on short notice, and in designated locations. Examples of such positions include boxers, bar bands, DJs, musicians, singers, film directors, first assistant directors for feature films and commercials, key actors, artists, and crew members for short productions and commercials.

Recruitment Requirements: There is no need for advertising or recruitment for these positions.

Scope: Applicable in all provinces.

Hiring by a Foreign Government

Position Overview: This role is with an international organization or a foreign government mission, and it does not qualify for exemptions under Section 186 (where a work permit is not needed) or Section 204 (business visitor under GATS or CUSMA) of the Immigration and Refugee Protection Regulations.

Recruitment Requirements: In these instances, the international organization or foreign government will have chosen the foreign national based on its specific selection process and requirements. No advertising or recruitment efforts are necessary.

Scope: Applicable across all provinces.

In-Home Caregiver

Position Overview: Employers hiring in-home caregivers under the Temporary Foreign Worker (TFW) Program must adhere to the same recruitment requirements applicable to high-wage and low-wage occupations.

Recruitment Requirements: In job advertisements, employers are not required to include the business address (such as a home address), but they must provide details about the work location. Additionally, employers may choose to use only their first name or another reasonable identifier instead of their full name in the advertisement.

Scope: Applicable across all provinces and territories.

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

Position Overview: Employers seeking to hire temporary foreign workers for on-farm primary agriculture must meet specific advertising criteria based on the skill level of the positions:

Higher-skilled positions: This includes roles like farm managers/supervisors and specialized livestock workers, specifically those under National Occupational Classification (NOC) codes 8251, 8252, 8253, 8254, and 8256.

Lower-skilled positions: This encompasses general farm workers, nursery and greenhouse workers, and harvesting laborers, particularly under NOC codes 8431, 8432, and 8611.

Recruitment Requirements: To fulfill the minimum advertising criteria, employers must post job ads on the national Job Bank or the provincial/territorial equivalent in British Columbia, Newfoundland and Labrador, the Northwest Territories, Quebec, or Saskatchewan. The advertisement must be active for:

At least 14 calendar days from the first day it is accessible to the public.
The three-month period leading up to the employer’s LMIA application.

Additionally, employers must engage in recruitment activities aligned with standard practices for the occupation for a minimum of 14 days. Acceptable advertising methods include:

Posting on recognized online job boards like Monster or Workopolis
Advertising in local and regional newspapers and newsletters
Utilizing ethnic newspapers and websites
Placing notices in local stores, places of worship, and community resource centers
Listing in local and regional employment centers

Advertisement Requirements: Each advertisement must contain the following information:

Company operating name
Business address
Job title
Job duties (if multiple positions are advertised, duties for each must be listed)
Terms of employment
Wage details
Benefits package (if applicable)
Work location (specific area, city, or town)
Contact information (telephone, cell phone, email, fax, or mailing address)
Skills requirements, including education and work experience

Third-party representatives or recruiters may act as the primary contact for job advertisements on behalf of the employer. However, the ad must be linked to the employer’s Canada Revenue Agency business number.

Religious Instructors

Position Overview: This role is for an instructor at a faith-based independent school (Other Religious Occupations, NOC 4217). This guideline applies specifically when the provincial Ministry of Education authorizes the independent school to determine the qualifications of its instructors based on religious criteria.

Recruitment Requirements: Employers must advertise on the national Job Bank (or its provincial equivalent) or engage in comparable recruitment activities relevant to the occupation (such as advertising in church publications) at least three months before submitting a LMIA application.

Scope: Applicable across all provinces.

Seasonal Agricultural Workers

Description: The position is for a seasonal agricultural worker who will be working in Quebec under the Seasonal Agricultural Worker Program (SAWP).

Variation: Employers must conduct their recruitment efforts as described under Temporary Work Permits for Work in Quebec.

Applicability: Quebec only

Specialized Service Technicians/Specialized Service Providers

Position Overview: This situation arises when specialized knowledge and/or experience is necessary for a specific task, the work duration is limited, and there is no opportunity for Canadians to receive training.

Examples of Applicable Situations: This variation may apply in cases such as:

Services needed for equipment manufactured outside Canada, where the original equipment manufacturer (OEM) does not have Canadian licensees capable of performing the work (typically for equipment no longer under warranty or covered by an after-sales agreement).

Tasks requiring an individual with proprietary knowledge, experience, and/or tools from the OEM (or an authorized OEM licensee) that are currently unavailable in Canada, necessary for either performing the work or supervising Canadian workers.

Services for outdated equipment (no longer in production), necessitating the fabrication of customized parts or the reconfiguration of new parts by an OEM-approved technician or representative.

Recruitment Requirements: No advertising or recruitment is necessary.

Scope: Applicable across all provinces.

Warranty Work

Description: When the work entails installation, inspection or repair of equipment, and 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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