Advertising requirements for the LMIA

Employers wishing to hire foreign workers in the categories below are subject to a variation in the advertising requirements for the Labour Market Impact Assessment (LMIA).

See the list below for the employment situations in which the usual LMIA advertising requirement does not apply. In some cases, the variation may apply only to one or several specific provinces.

Read more aboutLabour Market Impact Assessment (LMIA).

Academia

Description:The position is academic and no other LMIA exemption applies.

Foreign workers who need a work permit but do not require an LMIA include:

• Post-doctoral researchers.
• Research award recipients.
• Persons of outstanding ability, for example leaders in their fields.
• Guest lecturers.
• Visiting professors.
• United States and Mexican citizens appointed as professors at university, college and seminary level underWork permits through CUSMA.
• Chilean citizens appointed as professors underthe Canada–Chile Free Trade Agreement (CCFTA).

Variation:The employer must carry out the following recruitment efforts:

• Advertise the vacancies in Canada.
• Ensure that any vacancy advertised abroad is advertised in Canada at the same time.
• Advertise for a reasonable period (approximately one month) to give Canadian citizens and permanent residents broad access to the opportunity.
• Demonstrate that the advertising medium used (website, print or electronic press) was effective in attracting suitable candidates for the position.
• State in the advertisement: “All qualified candidates are encouraged to apply; however, Canadian citizens and permanent residents will be given priority”.
• Meet all the conditions of the applicable collective agreement.
• Set out the educational institution’s hiring decision and provide a summary of the Canadian candidates, verified by the vice-president (academic) or another senior academic officer of the educational institution.
• Be prepared to submit an annual summary report on recruitment activity for Canadian academics and its results.

Applies to:All provinces

Summer camp counsellors

Description:The position is for a summer camp counsellor working in Ontario.

Variation:The employer must provide documentation (for example, job offer letters) demonstrating efforts to recruit Canadian camp counsellors in the previous year, together with a written undertaking. The employer should also undertake to run spring recruitment campaigns at secondary schools and post-secondary institutions.

Applies to: Ontario

Quebec Selection Certificate

Description:The employer intends to hire a foreign national who has been selected by Quebec as the first step towards permanent residence and who has received a Quebec Selection Certificate (CSQ).

Variation:The employer may be exempted from the recruitment and advertising requirement only where Service Canada determines, during its assessment of the LMIA application, that the National Occupational Classification (NOC) code used for the job offer and the position description matches the NOC code on the CSQ.

The employer will have to carry out all recruitment efforts under the minimum advertising requirements if Service Canada determines that the NOC code on the CSQ does not match the code stated in the LMIA application.

An employer hiring a temporary foreign worker who holds a CSQ and resides in the province of Quebec may not need an LMIA. For more information on LMIA exemptions in Quebec, read more aboutthe Temporary Work Permit (TWP) in Quebec.

Applies to:Quebec only

Collective agreements providing for internal recruitment

Description:The position falls under a collective agreement that provides for recruitment/promotion through an internal process. This applies where a temporary foreign worker started work under an initially approved LMIA and work permit but, through the internal recruitment process set out for the bargaining unit in the Collective Bargaining Agreement (CBA), has been promoted into a different occupation. In this case a new LMIA and work permit are required, because the foreign worker is employed in a different occupation.

Variation:In this case, an internal posting of the position under the CBA is sufficient to satisfy the minimum advertising requirement. Specifically, the employer must provide the internal posting for the promotion opportunity. All members of the bargaining unit must have the opportunity to apply for the position.

Note that an internal posting is accepted as the minimum advertising requirement only for a workplace/position covered by a CBA that provides for internal recruitment. It does not apply to promotions in other situations.

Applies to:All provinces

Employer associations

Description:An employer association may be authorised to advertise on behalf of one or more of its members.

Variation:An employer association advertising a position on behalf of one or more employers must follow the general advertising requirements forNational Occupational Classification (NOC)0, A, B, C and D.

In addition, the following documents must be submitted with the employer’s LMIA application:

• A signed representative authorisation form, specifically authorising a third-party representative to act on their behalf. A Service Canada officer may, at their discretion, contact the employer directly to confirm the authorisation.
• A report on recruitment efforts, demonstrating that the position was advertised, including copies of the advertisements, the number of applicants who were Canadian citizens or permanent residents, and the reasons those applicants were not hired.

Employer associations advertising several jobs for the same employer, or advertising on behalf of several employers, must ensure that the advertisement includes the wage range for each job and location. The wage range must always include the prevailing wage for the position.

Applies to:All provinces

Entertainment sector

Description:The position is for a specific occupation in the entertainment industry, where workers are typically engaged for very short periods, at a specific location and at very short notice (for example, boxers, bar bands, DJs, musicians, singers, film directors and first assistant directors for feature films and commercials, lead actors, artists, film or television crews for short productions and commercials, and so on).

Variation:No advertising or recruitment is required.

Applies to:All provinces

Recruitment by a foreign government

Description:The position is with an international organisation or a foreign government mission, but is not exempt under section 186 (no work permit required) or section 204 (business visitors under GATS or CUSMA) of the Immigration and Refugee Protection Regulations.

Variation:In these cases, the international organisation or foreign government selects the foreign national under its own process and according to its own requirements. No advertising or recruitment is required.

Applies to:All provinces

In-home caregivers

Employers hiring in-home caregivers under the Temporary Foreign Worker Program must follow the same recruitment requirements as those set out for high-wage or low-wage occupations.

Variation:In recruitment advertisements, employers need not list the business address (for example, a home address) in the advertisement. They should, however, provide information about the work location. Employers may omit their full name and use only a first name or another reasonable identifier.

Applies to:All provinces and territories

On-farm agriculture (high-skilled and low-skilled occupations)

Description:Employers hiring temporary workers for on-farm agricultural work must meet advertising criteria specific to:

• High-skilled positions such as farm managers/supervisors and specialised livestock workers (specifically National Occupational Classification (NOC) codes 8251, 8252, 8253, 8254 and 8256).
• Low-skilled positions such as general farm workers, nursery and greenhouse workers, and harvesting labourers (specifically NOC codes 8431, 8432 and 8611).

Variation:To meet the minimum advertising requirement, employers must advertise on the national Job Bank or with provincial/territorial partners in British Columbia, Newfoundland and Labrador, the Northwest Territories, Quebec or Saskatchewan. The advertisement must be posted:

• For a minimum of 14 days from the date the advertisement appears and is publicly available.
• Within the three months before the employer submits the LMIA application.

Employers must also carry out recruitment activities consistent with normal practice for the occupation for a minimum of 14 days. To meet this requirement, employers must choose one or more of the following advertising methods:

• On recognised job websites such as Monster and Workopolis.
• In local and regional newspapers and newsletters.
• In newspapers and websites serving ethnic communities.
• At local shops, places of worship and community resource centres.
• At local and regional employment centres.

The advertisement must include:

• The operating company name.
• The business address.
• The position title.
• The job duties (for each position, where several vacancies are advertised).
• The working conditions.
• The wage.
• The benefits package offered (where applicable).
• The work location (local area, city or town).
• Contact details: telephone number, mobile number, email address, fax number or postal address.
• Skills requirements:
  • Level of education.
  • Work experience.

A third-party representative or the employer may be the main contact for any job advertisement posted on the employer’s behalf. The advertisement must, however, be listed under the employer’s business number with the Canada Revenue Agency.

Religious instructors

Description:The position is for a teacher at a faith-based independent school (Other religious occupations, NOC 4217). This variation applies only where the provincial Ministry of Education has authorised the independent school to determine the faith-based qualifications of its teachers.

Variation:The employer must advertise on the national Job Bank (or the provincial equivalent), or carry out similar recruitment activities appropriate to the occupation (for example, advertising in church publications) in the three months before submitting the LMIA application.

Applies to:All provinces

Seasonal agricultural workers

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

Variation:The employer must carry out recruitment efforts as described inA temporary work permit to work in Quebec.

Applies to:Quebec only

Specialised service technicians/specialised service providers

Description:Where the work requires a specialist with proprietary knowledge and/or experience relating to the work performed, the period of work is limited and there is no opportunity to train Canadians.

Cases in which this variation applies include (but are not limited to):

• Servicing required for equipment manufactured outside Canada where the original equipment manufacturer (OEM) has no licensed entity in Canada able to carry out the work (the equipment is usually out of warranty or covered by an after-sales agreement).
• The work to be performed requires a person not currently available in Canada who has proprietary knowledge, experience and/or tools from the OEM (or an entity licensed by the OEM) to carry out the work, or to supervise and instruct Canadians in carrying it out.
• Servicing required for equipment that is obsolete (no longer manufactured), where custom parts must be produced, or new parts reconfigured, by a technician/representative approved by the OEM.

Variation:No advertising or recruitment is required.

Applies to:All provinces

Warranty work

Description:Where the work comprises installing, inspecting or repairing equipment, and the warranty terms require the work to be performed by a skilled worker designated by the manufacturer.

Variation:No advertising or recruitment is required.

Applies to:All provinces

Find out more about LMIA advertising requirements on the Government of Canada website athere.