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. The agreement came into effect on February 24, 2012, and includes a list of specialized occupations, which is updated annually.
Under the facilitated process, as with the rest of the Program, 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:
- At or above the provincial or territorial median hourly wage, you must apply under the Stream for high-wage positions
- Below the provincial or territorial median hourly wage, you must apply under the Stream for low-wage positions
Job offer for a low-wage position
Employers wishing to hire a TFW under the facilitated process for a position where the hourly wage offered is below the median hourly wage in Quebec must, as of May 24, 2022,comply with the requirements for the Stream for low-wage positions and apply using the LMIA application form for low-wage positions (EMP5627).
As part of the agreement made between the governments of Canada and Quebec under the TFWP, applications received between May 24, 2022 and December 31, 2023 in the Low-wage Stream for occupations eligible for the facilitated process are exempt from the cap on proportion of low-wage positions requirements at specific work locations.
Target occupations
The facilitated LMIA assessment process includes professions in high demand, and in industry sectors experiencing labour shortages in Quebec. The list of occupations (French only), developed and updated by the MIFI and Emploi-Québec, contains occupations classified under the National Occupational Classification (NOC) training, education, experience and responsibilities (TEER) 0/1/2/3 and NOC TEER 4. Note that the NOC TEER categories are based on the second digit of the NOC code as outlined in the NOC Structure.
Note that, as of May 24, 2022, NOC TEER 4 occupations are included in the list of occupations eligible for the facilitated process as per the agreement between the governments of Canada and Quebec launching the pilot project under the Temporary Foreign Workers Program.
Minimum advertising requirements
Employers applying under the facilitated LMIA process are no longer required to provide proof of recruitment efforts. However, they should continue to make best efforts to recruit Canadian citizens or permanent residents prior to making a job offer to a foreign national.
Work duration
The Temporary Foreign Worker Program is intended to be used when you are facing short-term skills and labour shortages. As part of the facilitated process, the Program allows you to hire TFWs for a maximum period of 3 years when no Canadians and permanent residents are available. The employment duration must align with the employer’s reasonable employment needs. The duration may be issued for longer in exceptional circumstances whereby the employer provides an adequate rationale.
Wage rate
The wages offered to all temporary foreign workers (TFWs) must be consistent with the wage rate paid to Canadians and permanent residents working in the same occupation and geographical area. Failure to meet this requirement will result in a negative LMIA decision.
For more information about wage rates, visit the MIFI website (available in French only).
Positions covered by a collective agreement
To avoid receiving a negative LMIA decision, employers seeking to hire a TFW for a position that is covered under a collective agreement must ensure that hiring TFWs is not likely to adversely affect the course, the outcome, or the settlement of a labour dispute. They must also agree to pay the rate established by the collective agreement. In addition, if the employer offers benefits to Canadian or permanent resident workers, these benefits must be extended to the TFWs.