Facilitated Labour Market Impact Assessment process for Quebec employers
Employment and Social Development Canada (ESDC) and the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI), signed an agreement to enable employers to apply for a Labour Market Impact Assessment (LMIA), to fill selected positions without having to include proof of recruitment efforts. The agreement came into effect on February 24, 2012, and includes a list of specialized occupations, which is updated annually.
Under the facilitated process, as with the rest of the Program, the wage being offered for the position will determine if you need to apply for an LMIA under the stream for high-wage positions or the stream for low-wage positions, each with their own requirements.
If you are offering a wage to a (TFW) that is:
- at or above the provincial or territorial median hourly wage, you must apply under the stream for high-wage positions
- below the provincial or territorial median hourly wage, you must apply under the stream for low-wage positions
Job offer for a low-wage position
Employers wishing to hire a TFW under the facilitated process for a position where the hourly wage offered is below the median hourly wage in Quebec must, as of May 24, 2022,comply with the requirements for the Stream for low-wage positions and apply using the LMIA application form for low-wage positions (EMP5627).
As part of the agreement made between the governments of Canada and Quebec under the Temporary Foreign Workers Program (TFWP), applications received between May 24, 2022, and December 31, 2023 in the low-wage stream for occupations eligible for the facilitated process are exempt from the cap on proportion of low-wage positions requirements at specific work locations.
The facilitated LMIA assessment process includes professions in high demand, and in industry sectors experiencing labour shortages in Quebec. The list of occupations (French only), developed and updated by the MIFI and Emploi-Québec, contains occupations classified under the National Occupational Classification (NOC) training, education, experience and responsibilities (TEER) 0/1/2/3 and NOC TEER 4. Note that the NOC TEER categories are based on the second digit of the NOC code as outlined in the NOC Structure.
Note that, as of May 24, 2022, NOC TEER 4 occupations are included in the list of occupations eligible for the facilitated process as per the agreement between the governments of Canada and Quebec launching the pilot project under the TFWP.
Minimum advertising requirements
Employers applying under the facilitated LMIA process are no longer required to provide proof of recruitment efforts. However, they should continue to make best efforts to recruit Canadian citizens or permanent residents prior to making a job offer to a foreign national.
The TFWP is intended to be used when you're facing short-term skills and labour shortages. As part of the facilitated process, the Program allows you to hire TFWs for a maximum period of 3 years when no Canadians and permanent residents are available. The employment duration must align with the employer’s reasonable employment needs. The duration may be issued for longer in exceptional circumstances whereby the employer provides an adequate rationale.
Transition plans are required for all high-wage LMIA applications; however, in Quebec under the Facilitated Process, the exemption applies only to the first LMIA application request for the same occupation and same work location. A transition plan is only required from the second LMIA application request onwards for the same occupation in the same work location.
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 MIFI website (available in French only).
Positions 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 the employer offers benefits to Canadian or permanent resident workers, these benefits must be extended to the TFWs.
Before you apply
- Understand the various streams for hiring TFWs in Quebec
- Ensure you want to submit an application under the facilitated 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
For positions located in Quebec for an employment period of more than 30 consecutive days:
- LMIA applications must be submitted simultaneously to ESDC AND the Quebec’s MIFI (in French only)
- 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 TFWs must be included in the application
- the MIFI requires that all LMIA applications are submitted in French, except for LMIA applications for in-home caregiver positions
For more information, consult the page explaining the procedure for Hiring in the province of Quebec.
How to apply
To hire a TFW under the facilitated LMIA process, employers must follow these steps:
- complete, sign (where applicable) and submit the appropriate documentation to the Service Canada Processing Centre:
- the LMIA application form – High-Wage Positions (EMP5626) or the LMIA application form – Low-Wage Positions (EMP5627) (effective May 24, 2022, for low-wage applications). Indicate on LMIA Application "Facilitated Process"
- proof of business (when applicable)
- submit to the MIFI the following documents:
- the LMIA Application form – High-Wage Positions (EMP5626) or the LMIA application form – Low-Wage Positions (EMP5627) (effective May 24, 2022, for low-wage applications) that was sent to ESDC/Service Canada (copy only)
- Self-declaration by the employer – For temporary work
- Payment of LMIA processing fees (available in French only) levied by the government of Quebec
- completed and signed the MIFI form for the Certificat d’acceptation du Québec (Quebec Acceptance Certificate, CAQ) for temporary work and all relevant documents
- payment of CAQ processing fees levied by the Government of Quebec
- submit according to the location of the position:
- for positions located in Montreal
- for positions located elsewhere in the province of Quebec
On May 12, 2020, Immigration, Refugees and Citizenship Canada (IRCC) announced a temporary public policy. The new policy allows some TFWs already in Canada to change jobs before a final decision is made on their work permit application.
Employers hiring these TFWs may receive priority processing of the LMIA applications. To do so, employers must notify Service Canada in writing that the TFW:
- is in Canada, and
- wishes to benefit from IRCC’s COVID-19 temporary public policy
Once ESDC and the MIFI have issued a positive LMIA, the employer must:
- send a copy of the joint ESDC/MIFI confirmation letter and the CAQ to the TFW
- ask the TFW to apply for a work permit at Immigration, Refugees and Citizenship Canada
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