Regular Labour Market Impact Assessment process for employers from Quebec

Employers offering a wage to a temporary foreign worker (TFW) that is:

• below the provincial/territorial median hourly wage will need to meet the requirements of the stream for low-wage positions
• at or above the provincial/territorial median hourly wage will be required to meet the requirements of the stream for high-wage positions

Employers must review the information related to the program requirements for the appropriate stream based on the position for which they are hiring TFWs.

Wage rate

The wages offered to all 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 Labour Market Impact Assessment (LMIA) decision.

For more information, visit the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) website (French only).

Position 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 they offer benefits to Canadian workers or permanent residents, these benefits must be extended to TFWs.

Before you apply

• Understand the various streams for hiring TFWs in Quebec
• Visit the LMIA Online Portal resources page for tips on how to apply online
• Ensure you want to submit an application under the regular LMIA process. If after applying you decide you want to apply under a different stream, you will need to cancel your original application and reapply under the new stream. Processing fees are not refunded and cannot be transferred to your new application

How to apply

To hire a TFW under the regular LMIA process, you must:

1. complete an LMIA application using the LMIA Online Portal and submit all required documents for the stream you’re applying under

2. submit to the MIFI:
   • a French copy of the LMIA application sent to ESDC using the portal
   • any other required documents as specified on the MIFI website (French only)
3. once ESDC and the MIFI have approved your job offer, send a copy of the joint ESDC/MIFI confirmation letter and the Quebec Acceptance Certificate to the foreign worker
4. tell the foreign worker to apply for a work permit from Immigration, Refugees and Citizenship Canada (IRCC)

Next, IRCC will determine whether a work permit will be issued to the foreign worker according to the requirements that apply to workers and temporary residents in Canada.

An LMIA may be revoked prior to the issuance of a work permit under the following circumstances:

• the application included false or misleading information
• new facts come to light subsequent to the date of the issuance of the opinion that would have affected the assessment of the application and that, in turn, change the assessment that the employment of the foreign national would likely have a neutral or positive effect on the labour market in Canada
• the opinion is based on a mistake as to some material fact

The revocation of an LMIA decision is based on reliable documented evidence that confirms that the new information or altered circumstances would have had an impact on the assessment of the 6 factors listed under section 203(3) of the Immigration and Refugee Protection Regulations.

If the employer receives a negative LMIA, the processing fee will not be reimbursed.