Temporary work permits (TWP) in Quebec

Temporary work permits (TWP) in Quebec are handled differently from the work permit process in the other Canadian provinces and territories.

This therefore also affects foreign workers wishing to work temporarily in Quebec.

CSQ holders are exempt from the LMIA

The Government of Quebec has introduced regulations to simplify the recruitment of temporary foreign workers holding a validQuebec Selection Certificates (CSQ). These regulations include an exemption from the requirement to apply for aLabour Market Impact Assessment (LMIA)where the employer is hiring a foreign worker who:

• Holds a valid work permit.
• Holds a Quebec Selection Certificate (CSQ) for skilled workers. This document is issued by the Quebec immigration authorities and indicates that the person named on the certificate has been selected to reside in Quebec.
• Is currently residing in Quebec.
• Has applied for permanent residence underQuebec Skilled Worker Selection Programme (SWSP).

In addition, the foreign worker must meet one of the following criteria:

• They are seeking to extend their work permit with their current employer.
• They are seeking a new work permit (TWP) with a new employer in Quebec.
• They are an international student who has obtained aPost-Graduation Work Permit (PGWP)and has a confirmed job offer in Quebec.
• They are taking part in a programme under theInternational Experience Canada (IEC) programmeinitiative and are seeking to extend their work permit with their current employer or obtain a new one with a new employer in Quebec.

These criteria apply only in Quebec. There are also a number of Canada-wide situations in which a Labour Market Impact Assessment (LMIA) may not be required. Find out more in thefull list of LMIA-exempt situations.

The LMIA process

The federal regulations governing the Labour Market Impact Assessment (LMIA) normally impose strict advertising requirements on employers, obliging them to advertise the position for at least 28 days before they can request to hire a foreign worker.

These regulations exist to give Canadian citizens and permanent residents the opportunity to apply for the position before a company can request to hire a foreign worker. This, together with detailed accounts of any interviews conducted before the job offer was made to the foreign worker, serves as evidence of recruitment efforts.

The Ministry of Immigration, Francisation and Integration (MIFI) has an agreement withEmployment and Social Development Canada (ESDC)under which a Labour Market Impact Assessment (LMIA) request may be processed without requiring the employer to go through the full advertising process. These cases are known as simplified LMIAs.

Specific targeted occupations

In February 2014, Quebec introduced a list of targeted skilled occupations for which the province has a labour market need. The usual advertising requirements for obtaining a positive Labour Market Impact Assessment (LMIA) are waived for the occupations on this list, which is updated annually. To view the current list of targeted occupations, click here.

Quebec employers seeking to hire a foreign worker must still comply with all the other steps of the standard Labour Market Impact Assessment (LMIA) application process and meet all the requirements of theTemporary Foreign Worker Programme (TFWP).

If the job offered to the foreign worker is not on the list of occupations, the Labour Market Impact Assessment (LMIA) application will be assessed under the standard process, requiring the employer to have advertised the position for at least 28 days beforehand.

Terms and conditions for workers

The wage offered to a foreign worker for a given position must be consistent with the wage paid to Canadian citizens and permanent residents working in the same occupation in the same geographical area.

The standard LMIA process

To work as a temporary worker in the province of Quebec, a foreign worker must have a temporary job offer from a Quebec-based employer and be granted a temporary work permit by Employment and Social Development Canada (ESDC).

In most other cases not mentioned above, the standard Labour Market Impact Assessment (LMIA) process must be followed. Where a Labour Market Impact Assessment (LMIA) is issued to Quebec employers, the employer must carry out the Labour Market Impact Assessment (LMIA) process in accordance with federal regulations and file the supporting documents with the Ministry of Immigration, Francisation and Integration (MIFI).

This includes the application for aQuebec Acceptance Certificate (CAQ), which must be completed and signed by the foreign worker.

Immigration, Refugees and Citizenship Canada (IRCC) will then assess the application and decide whether the work permit is granted, in line with the requirements applying to temporary workers and residents in Canada.

Find out more about temporary work permits (TWP) in Quebec on the Government of Quebec website athere.