Regular Labour Market Impact Assessment process for employers from Quebec
Employers offering a wage to a temporary foreign worker that is:
- below the provincial or territorial wage threshold will need to meet the requirements of the stream for low-wage positions
- at or above the provincial or territorial wage threshold 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 temporary foreign workers.
Wage rate
The wages offered to all temporary foreign workers 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).
Note:
Employers hiring foreign agricultural workers must consult current wages (French only) for this sector set by the MIFI.
Position covered by a collective agreement
To avoid receiving a negative LMIA decision, employers seeking to hire a temporary foreign worker for a position that is covered under a collective agreement must ensure that hiring temporary foreign workers 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 temporary foreign workers.
Before you apply
- Understand the various streams for hiring temporary foreign workers in Quebec
- Visit the LMIA Online 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
Special instructions
For positions located in Quebec for an employment period of more than 30 consecutive days:
- LMIA applications must be submitted simultaneously to Employment and Social Development Canada (ESDC) and the MIFI
- failure to do so will prevent your application from being processed and will result in its closure. No refund of the processing fee will be made
- the names of the temporary foreign workers must be included in the application
- LMIA applications must be submitted in French
For more information, please consult the page explaining the procedure for hiring temporary foreign workers in Quebec.
How to apply
To hire a temporary foreign worker under the regular LMIA process, you must:
- complete an LMIA application using LMIA Online and submit all required documents for the stream you’re applying under
All documents sent to the MIFI must be in French
The documents you send to the MIFI must be in French, including LMIA applications. Be sure to choose French as the language in LMIA Online before you start your LMIA application.
- submit to the MIFI:
- a French copy of the LMIA application sent to ESDC using LMIA Online
- any other required documents as specified on the MIFI website (French only)
- 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
- 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.
Note:
On May 12, 2020, IRCC announced a temporary public policy. The new policy allows some temporary foreign workers already in Canada to change jobs before a final decision is made on their work permit application.
Employers hiring these temporary foreign workers may receive priority processing of the LMIA applications. To do so, employers must notify ESDC in writing that the temporary foreign worker:
- is in Canada, and
- wishes to benefit from IRCC’s COVID-19 temporary public policy