Facilitated Labour Market Impact Assessment process for Quebec employers

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 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.

Target occupations

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 Temporary Foreign Workers Program.

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.

Work duration

The Temporary Foreign Worker Program is intended to be used when you are 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

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.

Wage rate

The wages offered to all temporary foreign workers (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 temporary foreign workers 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

How to apply

To hire a TFW under the facilitated LMIA process, employers must follow these steps:

1. 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)
2. 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 Quebec (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

Next steps

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