LMIA Advertising Exemptions

Employers seeking to hire a foreign worker through a Labour Market Impact Assessment (LMIA) application must fulfill specific requirements set by the Canadian government to obtain approval.

One of the requirements is to demonstrate to the Canadian government that you’ve advertised the position within Canada but could not find a qualified local candidate. However, the government has the discretion to waive this advertising obligation. Keep reading for more details.

Overview

In the LMIA process, Canadian employers generally need to show that hiring a foreign worker will positively or neutrally affect the Canadian labor market, and that no Canadian citizen or permanent resident is available for the role. This is typically achieved by advertising the position across various platforms.

However, in certain circumstances, the requirement for advertising and recruitment can be waived, addressing one of the most challenging aspects of an LMIA application. By not having to prove adequate advertising and recruitment efforts, the process becomes considerably quicker and improves the chances of LMIA approval. Despite this streamlined approach, employers are still responsible for the $1,000 government processing fee.

Exemptions from the advertising requirement include, but are not limited to, the following:

Quebec Facilitated Process

Quebec updates its facilitated processing occupations list each year, specifically for the recruitment of temporary foreign workers (excluding business owners). Some of these occupations overlap with those found on the Global Talent Stream occupations list.

Specialized Service Technicians

To be eligible for this advertising exemption, a company must prove that the work is highly specialized and that the individual possesses proprietary knowledge or experience relevant to the tasks in Canada. The duration of the work must typically be limited to six months or less, and there should be no opportunity for training Canadian workers. Examples include, but are not limited to, servicing equipment produced outside of Canada and installing specialized machinery that necessitates proprietary expertise.

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