Program requirements for low-wage positions

Note: The governments of Canada and Quebec have reached an agreement to launch a pilot project under the Temporary Foreign Worker Program (TFWP). The agreement will introduce flexibilities for Quebec employers in the TFWP.

For more details on the Quebec pilot project, refer to Hiring temporary foreign workers in Quebec.

On this page

As an employer, you must comply with all the TFWP requirements for the position you're requesting. Learn about employer compliance and the possible consequences of non-compliance.

You must also ensure that the employment you want to offer to a temporary foreign worker (TFW) is for a full-time position, which means that it has to be for a minimum of 30 hours of work per week.

Processing fee

You must pay $1,000 for each position requested to cover the cost of processing your Labour Market Impact Assessment (LMIA) application.

  • The processing fee payment (in Canadian dollars) can be made by:
    • Visa
    • MasterCard
    • American Express
    • Certified cheque (shall be made payable to the Receiver General for Canada)
    • Money order (shall be made payable to the Receiver General for Canada)
    • Bank draft (shall be made payable to the Receiver General for Canada)
  • The processing fee won't be refunded if your application is withdrawn, cancelled or if your LMIA is negative. Refunds are issued only if a fee was collected in error
  • The processing fee cannot be paid by nor be recovered from TFWs

New payment method for LMIA fees now available

We've launched a pilot project that allows for select LMIA processing fees to be paid using online banking. This method is secure, fast and available through most Canadian financial institutions.

How it works

If you submit an LMIA application that requires payment and is for 6 positions or more, you'll have the option to participate in the online banking pilot and will receive an email to confirm your interest. If you wish to participate, simply reply to our invitation email to confirm. Once your application has reached the payment step of our process, we'll send you a second email with instructions on how to make your online banking payment. To help with our internal tracking, please don't send your payment prior to receiving these instructions.

Contact us

If you have any questions about this pilot project:

Processing fee exemptions

The LMIA processing fee does not apply to applications that involve:

  • families or individuals seeking to hire a foreign caregiver to provide home care for individuals requiring assistance with medical needs, provided that a medical certificate attesting to the individual's incapacity to care for themselves is submitted
  • families or individuals with a gross annual income of $150,000 or less seeking to hire a foreign caregiver to provide childcare in their home to a child under 13 years of age
  • on-farm primary agriculture positions such as labourers, workers, managers, and supervisors in farming, livestock, harvesting, nurseries and greenhouses for National Occupational Classification (NOC) codes 80020, 80021, 82030, 82031, 84120, 85100, 85101 and 85103

Recruitment fees

There may be a variety of fees and costs incurred in the process of recruiting TFWs, including but not limited to:

  • cost of using a third-party representative
  • advertising fees
  • fees paid by a foreign national for assistance with finding or securing employment
  • fees paid by an employer for assistance or advice in the hiring of foreign nationals

As an employer, you must confirm and ensure that you or anybody recruiting on your behalf doesn't charge or recover any recruitment fees, directly or indirectly, from the TFWs. Failure to do so will result in a negative LMIA decision.

Third-party representatives

Use of a third-party representative

If you choose to use the services of a third-party representative (paid or unpaid), you must complete the appropriate section of the LMIA application form.

You must not recover the costs for the services of a paid representative from the TFW. The third-party representative also cannot demand or recover the processing fee or other costs related to recruiting from the TFW.

We may communicate directly with you to verify information provided on the LMIA application from the third-party representative.

We won't mediate a dispute between you and a third-party representative nor communicate complaints to a regulatory body on your behalf.

If you have a complaint about your third-party representative, there are ways to get help.

Paid third-party representatives

You may choose to ask a third-party representative to act on your behalf when seeking to use the TFWP to hire a TFW. A paid representative must be authorized to collect a fee or to receive any other type of payment to act on your behalf or to advise you in the LMIA application process. An authorized third-party representative is:

  • a member in good standing of a Canadian provincial or territorial law society or students-at-law under their supervision, or the Chambre des notaires du Québec
  • a paralegal in the Province of Ontario’s law society
  • a member in good standing of the College of Immigration and Citizenship Consultants (CICC)

Unpaid third-party representatives

An unpaid representative can also assist you but isn't authorized to collect a fee or to receive any other type of payment for rendering services. An unpaid representative can be a:

  • family member
  • friend
  • not-for-profit group
  • religious organization


A recruiter or anybody recruiting for the employer is someone who:

  • finds or attempts to find an individual for employment with the employer, or
  • assists another person in finding or attempting to find an individual for employment with the employer, or
  • refers a foreign national to another person who finds or attempts to find an individual for employment with the employer

Some provinces and territories have specific requirements for recruiters and recruitment activities. It is your responsibility to ensure you comply with those requirements. As an employer, you're also responsible for the actions of anyone who recruits on your behalf.

New employers

Employers who haven't employed a TFW in the past 6 years prior to submitting an LMIA application will be subject to a review. The employer must demonstrate that they made reasonable efforts to provide a workplace that is free of abuse and that they weren't an affiliate of an employer who is ineligible for the TFWP or in default of any amount payable in respect of an administrative monetary penalty.

A workplace that is free of abuse includes

  1. (a) proactive efforts made to prevent workplace abuse
  2. (b) reactive measures taken to stop abuse

An affiliate includes an employer that is controlled by another employer

  1. (a) 2 employers that are under common control, or
  2. (b) employers that aren't operated at arm's length

Business legitimacy

All employers applying to the TFWP must provide documents along with their LMIA application to demonstrate that their business and job offer are legitimate.

Cap on proportion of low-wage positions

As of April 30, 2022, and until further notice, you’re subject to a 20% cap limit on the proportion of TFWs that you can hire in low-wage positions at a specific work location. The cap is to ensure that Canadians or permanent residents are considered first for available jobs.

For applications received between April 30, 2022, and April 30, 2024, from employers hiring workers in low-wage positions in the following defined sectors and sub-sectors, you’re eligible for a cap limit of 30%:

  • Construction (NAICS 23)
  • Food manufacturing (NAICS 311)
  • Wood product manufacturing (NAICS 321)
  • Furniture and related product manufacturing (NAICS 337)
  • Hospitals (NAICS 622)
  • Nursing and residential care facilities (NAICS 623)
  • Accommodation and food services (NAICS 72)

For applications received as of May 1, 2024, only employers in the following sectors and sub-sectors are eligible for a cap limit of 30%:

  • Construction (NAICS 23)
  • Hospitals (NAICS 622)
  • Nursing and residential care facilities (NAICS 623)

The sectors and sub-sectors classification code is determined by the North American Industry Classification System (NAICS) Canada.

You must complete the "Cap for low-wage positions" section of the LMIA application to determine if you're within the proportion of TFWs that you can hire in low-wage positions at a specific work location. You may be asked to submit documents, such as payroll records, to support the information provided.


  • for applications received as of April 30, 2022, the cap exemption for employers with fewer than 10 employees nationally are no longer available
  • employers (including private household employers) with a total workforce size of fewer than 10 across all worksites in Canada must now complete the "Cap for low-wage positions" section of the LMIA application form. This total workforce size includes the vacant positions requested on the application and TFWs on previously approved LMIAs who have yet to start their employment
  • employers will be limited to hiring 2 TFWs (for industries with a 20% cap) or 3 TFWs (for industries with a 30% cap)

Exemptions to the cap

Exemptions include applications for:

  • on-farm primary agriculture positions such as labourers, workers, managers, and supervisors in farming, livestock, harvesting, nurseries and greenhouses for National Occupational Codes (NOC) codes 80020, 80021, 82030, 82031, 84120, 85100, 85101 and 85103
  • caregiving positions for health care institutions (NAICS 62) for NOC positions 31301, 32101 and 33102
  • positions for which you’re submitting an application to support a TFW’s permanent residence under an Express Entry program
  • highly mobile or truly temporary positions (120 calendar days or less); this duration could be extended on a case-by-case basis if you can demonstrate that the peak season, project or event operates beyond 120 calendar days:
    • highly mobile is defined as a workforce that regularly crosses inter-jurisdictional boundaries (for example, provincial or territorial and/or international) as part of the business’ ongoing operations
    • truly temporary is defined as a specific short-term period or singular event where the position won't be filled after the worker leaves the country
  • low-wage positions in seasonal industries that doesn't go beyond 270 calendar-days:
    • seasonal is defined as when both the industry and the occupation experience significant fluctuations in labour demand between “peak” and “off-peak” periods, usually occurring on or around the same dates every year
    • exemption can only be used once per year in which the work is expected to begin, per work location. To utilize the one-time per year exemption for multiple applications, you must submit them all at the same time

Recruitment and advertisement

Recruitment is the process of finding and selecting qualified employees. As part of the TFWP requirements, you must conduct recruitment efforts to hire Canadians and permanent residents before offering a job to a TFW.

Minimum recruitment requirements

Before applying for a LMIA, you must conduct at least 3 different recruitment activities:

  • you must advertise on the Government of Canada’s Job Bank. If you choose to use an alternative method, you must submit a written rational and explanation
  • you must also conduct at least 2 additional methods of recruitment that are consistent with the occupation (targets an audience that has the appropriate education, professional experience and or skill level required for the occupation). Each of the methods used must target a different underrepresented group: Indigenous persons, vulnerable youth, persons with disabilities and newcomers

Vulnerable youth is defined as young people who face barriers to employment, developing basic employability skills and gaining valuable job experience to assist them in making a successful transition into the labour market or to return to school. These barriers for youth may include but aren't limited to: challenges faced by recent immigration youth, youth with disabilities, lone parent youth, youth who haven't completed high school, Indigenous youth, and youth living in rural or remote areas.


Prior to August 28, 2017, you were required to advertise either on Job Bank or its provincial or territorial counterpart in British Columbia, Saskatchewan and Quebec. While you can still use a provincial or territorial job board as a recruitment method, it doesn't meet the underrepresented groups requirement.


Effective June 10, 2020, the program is prioritizing certain occupations that are considered essential during the COVID-19 pandemic. The listed occupations have been prioritized across all provinces and territories (except in the province of Quebec). For a list of occupations specific to the province of Quebec, refer to Hiring in the province of Quebec.

Important: Any Refusal to Process supersedes prioritization.

  • 31100 — Specialists in clinical and laboratory medicine
  • 31101 — Specialists in surgery
  • 31102 — General practitioners and family physicians
  • 31120 — Pharmacists
  • 31301 — Registered nurses and registered psychiatric nurses
  • 31302 — Nurse practitioners
  • 31303 — Physician assistants, midwives and allied health professionals
  • 32101 — Licensed practical nurses
  • 32103 — Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
  • 32109 — Other technical occupations in therapy and assessment
  • 32120 — Medical laboratory technologists
  • 32124 — Pharmacy technicians
  • 32129 — Other medical technologists and technicians
  • 33101 — Medical laboratory technicians and pathologists' assistants
  • 33103 — Pharmacy technical assistants and pharmacy assistants
  • 33102 — Nurse aides, orderlies and patient service associates
  • 33109 — Other assisting occupations in support of health services
  • 63201 — Butchers - retail and wholesale
  • 65202 — Meat cutters and fishmongers - retail and wholesale
  • 65310 — Light duty cleaners
  • 82030 — Agricultural service contractors and farm supervisors
  • 84120 — Specialized livestock workers and farm machinery operators
  • 85100 — Livestock labourers
  • 85101 — Harvesting labourers
  • 85103 — Nursery and greenhouse labourers
  • 94141 — Industrial butchers and meat cutters, poultry preparers and related workers
  • 94142 — Fish and seafood plant workers
  • 95106 — Labourers in food and beverage processing
  • 95107 — Labourers in fish and seafood processing


Effective January 12, 2022, until June 30, 2024, Employment and Social Development Canada (ESDC) will suspend minimum advertising requirements for employers applying for an LMIA to hire TFWs in primary agriculture. Employers are expected to continue efforts to recruit Canadians and permanent residents. However, employers won't be required to meet TFWP minimum advertising requirements or submit proof with their LMIA application.

Job Match service

Effective August 28, 2017, you must use the Job Match service for recruitment purposes when advertising a position on Job Bank.

The Job Match service allows you to see anonymous profiles of registered job seekers that correspond to the skills and requirements outlined in your job posting. Each match is rated using a star system of 1 to 5 stars. The more stars received by the match, the greater the compatibility between your advertised position and the anonymous job seeker.

When creating your job posting, you must select the "default" option. This option allows matches with job seekers from a wide variety of background as opposed to the "strict" matching mode, where matches may be limited to fewer job seekers.

Note: You may see "basic" option when creating your job posting, which is the same as "default" option.

When seeking to fill a low-wage position, you're required to invite all job seekers matched within the first 30 days of your job advertisement to apply for the position if they're rated 2 stars or more.

Methods of recruitment

Acceptable methods of recruitment for a job advertisement include:

  • general employment websites
  • online classified websites
  • specialized websites that are dedicated to specific occupational profiles (for example, accounting, marketing, biotechnology, education, engineering)
  • local, regional and national newspapers or newsletters
  • local stores, places of worship, and community resource centres
  • local, regional and provincial/territorial employment centres
  • magazines and journals (for example, national journals or magazines, professional associations magazines, specialized journals)
  • participation at job fairs
  • partnering with training institutions or offering internships/bursaries
  • professional recruitment agencies
  • consultations with unions for available labour
  • advertising through professional associations
  • recruitment within the company (for example, considering internal candidates for the position)

If the 2 additional methods of recruitment are online, they must each have unique value and reach different audiences. In cases where you advertise on multiple websites of the same type, the combined advertisements should be considered only as 1 additional method of recruitment.

Recruitment documentation retention

You must keep records of your recruitment and advertising efforts for a minimum of 6 years. You'll also be asked to provide the results from the recruitment efforts you undertook to fill the position.

Job advertisement duration

You must ensure that the job advertisement:

  • has occurred in the 3 months prior to submitting the LMIA application
  • is for a minimum of 4 consecutive weeks within the 3 months prior to submitting a LMIA application

At least 1 of the 3 recruitment activities to seek qualified Canadians and permanent residents must be ongoing until the date a positive or negative LMIA has been issued.

Job advertisement information

The required job advertisement information includes:

  • company operating name
  • business address
  • title of the position
  • job duties (for each position, if advertising is for more than 1 vacancy)
  • terms of employment (for example, project-based, permanent position)
  • language of work
  • wage (must include any incremental raises, performance pay or bonuses);
    • a wage range can be used for the purposes of complying with the advertisements; however, the minimum wage in the range must meet prevailing wage
  • benefits package offered (if applicable)
  • location(s) of work (local area, city or town)
  • contact information: telephone number, cell phone number, email address, fax number or mailing address
  • skills requirements (includes education and work experience)

Proof of advertisement

You must demonstrate that you've made efforts to recruit qualified Canadians and permanent residents by providing these documents as proof of advertisement with your application:

  • a copy of the advertisement and information to support where, when and for how long the position was advertised
  • proof that the print media and websites used to advertise target an audience that has the appropriate education, professional experience or skill level required for the occupation
  • proof of other recruitment activities (for example, invoice from job fair)

Variations to the advertising requirements

In certain circumstances, there are variations to the advertising requirements for specific occupations and in particular provinces/territories. Consult the variations list to determine if 1 of them applies to the requested position.


Wages offered to TFWs should be similar to wages paid to Canadian and permanent resident employees hired for the same job and work location, and with similar skills and years of experience.

For the purpose of the TFWP, you must pay the prevailing wage that is defined as the highest of either:

  • the median wage on Job Bank
  • the wage that is within the wage range that you're paying your current employees hired for the same job and work location, and with the same skills and years of experience

To determine the median wage on Job Bank:

  • go to Compare wages on Job Bank
  • in the “Job search” field, enter the job title or the NOC code (2021 version) that best describes the duties and requirements of the position
  • the hourly median wage will be listed in the middle column, by community or area. If the median wage is listed as "n/a", consult the provincial/territorial wage. If it isn't available, consult the national wage

If the position requires additional skills and years of experience over the applicable NOC description, the wages offered should reflect these additional requirements.

For the purpose of determining the wage rate being offered, we'll only consider guaranteed wages, which exclude:

  • overtime hours
  • tips
  • benefits
  • profit sharing
  • bonuses
  • commissions
  • other forms of compensation

Employers who hire TFWs for unionized positions must offer the same wage rates and forms of compensation as those established under the collective agreement.

Variations to the wage requirements

In certain circumstances, industry-specific wage rates have been identified and are considered as the prevailing wage rate during the assessment of the application. These sectors have unique wage requirements:

If you want to hire a TFW for a job in the province of Quebec, you must consult the wage table provided by the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) (French only).

Employers offering a wage that’s below the prevailing wage rate will be considered as not meeting the labour market factor for the assessment of wages. Therefore, they’ll receive a negative LMIA.

Prevailing wage reviews

For LMIA applications submitted as of January 1, 2024, employers are required to update the wages of TFWs to reflect the prevailing wage. This wage review, as part of the LMIA and employment agreement, ensures that TFWs are paid the prevailing wage at the start of and throughout their employment period.

Regardless of the wage indicated on the LMIA application, employers are required to reassess and apply the prevailing wage at the beginning of a TFW’s period of employment. The prevailing wage must be reviewed annually using updated wages posted on Job Bank (if applicable). Because Job Bank wages are updated yearly in the fall, employers have until January 1 of the following year to do their review.

The updated wage can never go below the wage identified in the positive LMIA at any time during a TFW’s employment period, even if the prevailing wage decreases.

If you’re hiring TFWs in Quebec, consult the wage table provided by the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) (French only).

Employers who don’t update wages accordingly may be subject to sanctions under the TFW Program’s employer compliance regime including administrative monetary penalties and bans from using the program.

You don’t need to report a wage modification to Service Canada if it meets the prevailing wage.

Consult Modification to a positive LMIA to determine when a change requires contacting the Employer Contact Centre or submitting a new LMIA application.

Job duties and working conditions

The TFW you hired as a result of a positive LMIA must only perform duties that correspond to the occupation they were hired for.

Canadian law protects all workers in Canada, including TFWs. The exploitation of TFWs is considered a violation of Canadian laws and human rights.

Employers must:

  • pay TFWs for all work, including overtime, where required by law
  • provide workplace safety insurance
  • offer TFWs the same benefits, and
  • not take the TFWs identification

Employment in most occupations is covered under provincial or territorial legislation that deals with labour and employment standards such as: hours of work, working conditions and termination of employment. In fact, every province or territory has a Ministry of Labour that can provide information to assist employers and TFWs with questions or issues related to work.

Note: Some employers are federally regulated and, therefore, are covered by the employment standards under the Canada Labour Code.

Two-year employment duration for meat processors pilot

On December 2, 2019, Service Canada will begin accepting LMIA applications with a 2-year employment duration for positions in meat processing.

To be eligible, your business’ main activity must be in the manufacturing of meat products (under NAICS code 3116 — Meat product manufacturing). The position that you’re filling must also fall under 1 of the following NOC codes:

  • 63201 — Butchers – Retail and wholesale
  • 65202 — Meat cutters and fishmongers – Retail and wholesale
  • 82030 — Agricultural service contractors and farm supervisors
  • 84120 — Specialized livestock workers and farm machinery operators
  • 85100 — Livestock labourers
  • 94141 — Industrial butchers and meat cutters, poultry preparers and related workers
  • 95106 — Labourers in food and beverage processing

To apply for a 2-year employment duration, you must complete Schedule L: Two-year Employment Duration for Meat Processors Pilot and include it with your low-wage stream application. In this form, you'll:

  • attest to support your TFW employee's application for permanent residence through either the federal Agri-Food Immigration Pilot, a provincial nominee program, or a Quebec immigration program
  • describe activities you've undertaken or will undertake to:
    • recruit a TFW who has the potential to obtain permanent residence (for example, has the necessary language skills and/or education)
    • assist the worker in becoming well-positioned for their permanent residence application
    • retain the worker in their job and in the community
  • agree to distribute an information package on employment rights and protections to your TFW employee:
    • Service Canada will electronically send you the information package and instructions with the decision on your LMIA
    • a form attesting that the information package has been provided to the foreign worker will also be included in your package. Both you and the worker will need to sign the form attesting that the information package on employment rights has been provided to the employee
    • you're required to keep 1 copy of the signed attestation form for your records and provide a copy of the signed attestation form to the TFW
  • agree to participate in the evaluation of the 2-year Employment Duration for Meat Processors Pilot, and retain all relevant documentation
  • agree to be subject to an inspection during the 2-year employment duration pilot

If the position you're filling is unionized, you must also get the union's support for a 2-year employment duration for the TFW as well as their support for transitioning the foreign worker to permanent residence. To demonstrate this support, you must provide a letter from the union with your application, which is on union letterhead and signed by an authorized union official. Here is a sample letter that can be adapted by your union.

If the position you're filling isn't unionized, you must attest that you'll arrange for the TFW you're hiring through this pilot to attend an information session on workplace rights and protections. The information session must be held during work hours and can be either in person or by teleconference. Service Canada will email you a list of potential community organizations or government agencies whom you can contact to arrange this information session.


You must pay for the round-trip transportation costs for TFWs to arrive at their work location in Canada at the beginning of their work period, and to return to their country of residence at the end of their work period.

If the TFW finds a new employer, who was issued a positive LMIA, the new employer is responsible for the transportation costs.

The transportation costs mustn't be recovered from the TFWs.


You must provide or ensure that suitable and affordable housing is available for the TFW you'll employ.

For the purpose of the TFWP, Canada Mortgage and Housing Corporation definitions are used to determine the suitability and affordability of housing:

  • suitable housing: doesn't require any major repairs, according to residents. Major repairs include those to defective plumbing or electrical wiring, or structural repairs to walls, floors or ceilings
  • affordable housing: costs less than 30% of the TFW's before-tax income. Shelter costs include, rent (or mortgage payment) and any payments for electricity, fuel, water and other municipal services

We may ask for proof (for example, newspaper ads) that affordable housing is available.

Health insurance

In applicable provinces or territories, you must obtain and pay for private health insurance that covers emergency medical care, for any period during that the TFW isn't covered by the applicable provincial/territorial health insurance system.

The coverage the employer purchases must correspond with the TFWs' first day of work in Canada and the costs mustn't be recovered from the TFWs.

During an employer inspection, an ESDC/Service Canada inspector will look at the policy coverage to make sure that it hasn't been charged back to the worker, and that it covers at minimum the costs of basic emergency health care for sudden illness or injuries during the period the TFW isn't covered by the provincial/territorial health insurance. Some private insurance companies offer more comprehensive plans, but ESDC will accept a basic plan so long as it ensures that the TFW won’t have to pay for medical care if they become sick or have an accident while working in Canada.

To demonstrate compliance, the employer must be able to show proof of payment for suitable private health insurance for each TFW, as well as the terms of the policy coverage (for example, the details of what is covered).

Workplace safety

You must always ensure that the TFWs you want to hire under the TFWP are covered from the provincial or territorial workplace safety insurance provider, where required by law. Where the provincial or territorial legislation allows employers the flexibility to opt for a private insurance plan, you must ensure that:

  • any private plan chosen provides better or the same level of compensation to that offered by a province or territory
  • all employees on the worksite are covered by the same provider

If you’re enquiring about private insurance plan equivalency, contact the appropriate provincial or territorial workplace safety authority.

The coverage you purchased must correspond with the TFWs’ first day of work in Canada and the costs mustn’t be recovered from the TFWs.

Pesticides and chemical use

You must notify temporary foreign workers of pesticides or chemical use in your workplace, and provide them with:

  • protective equipment at no cost to the TFW
  • appropriate formal and informal training
  • supervision where required by law

Employment agreement

Although a copy of the employment agreement isn't required at the time of LMIA submission, you must commit to providing a completed and signed employment agreement to each foreign worker on or before their first day of work with you. An employment agreement must:

  • include information for employment in the same occupation, with the same wages and working conditions as those set out in the offer of employment
  • be drafted in either English or French as preferred by the foreign worker, and
  • be signed by both the employer and the foreign worker

Employers can develop and use their own employment agreement as long as it contains all the necessary information. You can also use the employment agreement template.

Employers must maintain complete employment records that fully document compliance with the employment agreement throughout the duration of the employment.

For positions in Quebec, visit the MIFI website (French only) for specific requirements regarding the employment contract.

Employment contract - Maritime transport sector

In addition, the employment contract for positions onboard a foreign vessel undertaking coasting trade in Canadian waters must also include:

  • dates Canadian employment laws and regulations apply, and
  • details of wages (monetary and non-monetary compensation) including, if applicable, the wage “uplift”, how and when wages will be paid

Language of work

English or French are the only languages you can identify as a job requirement in your LMIA application and job advertisement. However, if another language is essential for the job, you must provide a justification on the application.

Positions with no language requirement

There may be rare cases where an offer of employment doesn't require any language for the foreign national.

If there is no language required for the job, you must provide more details on the application, including:

  • how the foreign national will perform job duties in an effective and safe manner without the ability to communicate in any language, and
  • what reasonable measures are in place to ensure health and safety of all persons at the place of work. To demonstrate this, you must also provide applicable and appropriate documentation with your application

Examples of reasonable measures are:

  • having translated workplace safety manuals and procedures
  • providing workplace safety training in the foreign national’s identified language
  • using international safety signs that use symbols (pictures)
  • having official translators on-site, and/or
  • employing other workers or supervisors who can speak with the foreign nationals in their identified language

Unionized positions

If you’re applying to hire TFWs for positions covered under a collective agreement, you must:

  • advertise and offer the same wage rates as those established under the collective agreement
  • offer the TFWs the same terms and conditions as Canadian and permanent resident workers
  • submit a copy of the section of the collective bargaining agreement on the wage structure

The hiring of TFWs mustn't affect current nor foreseeable labour disputes at the workplace. During LMIA assessment, if it is determined that hiring TFWs is likely to adversely affect the course, the outcome or the settlement of any labour dispute, you’ll receive a negative LMIA decision.

We recommend that you work actively with union representatives to recruit Canadians and permanent residents.

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