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 LMIA decision.

For more information about wage rates, visit the ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) website (available in 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 temporary foreign workers.

Before you apply

• Understand the various streams for hiring temporary foreign workers in Quebec
• Ensure you want to submit an application under the regular LMIA process. If after applying you decide you want to apply under a different process, you will need to cancel your original application and reapply under the new process. Processing fees are not refunded and cannot be transferred to your new application

How to apply

In almost all cases, TFWs must have a valid work permit to work in Canada. To hire a foreign worker in Quebec, employers must generally submit their Labour Market Impact Assessment (LMIA) application to the appropriate Service Canada office and, if applicable, provide a copy to the MIFI.

1. To apply for a LMIA, employers must complete, sign (where applicable) and submit the appropriate application form to the Service Canada Processing Centre:
   • LMIA application form for high-wage positions (EMP5626), or
   • LMIA application form for low-wage positions (EMP5627)

2. Submit to the MIFI a copy of the LMIA application sent to ESDC/Service Canada in addition to the supporting documents:
   • a completed and signed Self-declaration by the employer - For temporary work
   • Payment of fees (available in French only) levied by the Government of Quebec for the assessment of the LMIA application
   • Application for Certificate of acceptance (CAQ) for Temporary work completed and signed by the TFW. This form must be sent along with other supporting documents
   • Payment of fees (available in French only) levied by the Government of Quebec for the assessment of the certificate of acceptance
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 evaluate the foreign worker's application and decide whether a work permit will be issued according to the requirements that apply to workers and temporary residents in Canada.

A 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 a 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.