Facilitated Labour Market Impact Assessment process for Quebec employers

Refusal to process LMIA applications for low-wage positions in census metropolitan areas with an unemployment rate of 6% or higher

As of September 26, 2024, certain LMIA applications won't be processed. This refusal to process applies to LMIA applications submitted for positions with:

• a wage below the provincial or territorial wage threshold, and
• a work location in a census metropolitan area with an unemployment rate of 6% or higher

For more information, including any exemptions that may apply, visit Refusal to process an LMIA application.

Temporary refusal to process LMIA applications for low-wage positions in Montréal

From September 3, 2024, to March 3, 2025, certain Labour Market Impact Assessment (LMIA) applications submitted for low-wage positions in the economic region of Montréal won't be processed. For more information, consult Hiring in the province of Quebec.

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 wage threshold in Quebec must comply with the requirements for the stream for low-wage positions and apply using LMIA Online.

As of September 26, 2024, employers who submit LMIAs for low-wage positions under the facilitated process will be subject to the cap on the proportion of low-wage positions.

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 Québec Emploi, contains occupations classified under the National Occupational Classification (NOC) skill level 0, A and B (newly classified under training, education, experience and responsibilities [TEER] 0/1/2/3). Note that the NOC TEER categories are based on the second digit of the NOC code as outlined in the NOC structure.

NOC skill level C (newly classified under TEER 4 occupations) are included in the list of occupations eligible for the facilitated process.

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 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.

As of September 26, 2024, employers submitting an LMIA application for a low-wage position may request a maximum employment duration of 1 year, down from 2 years.

Transition plan

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 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 (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
• Visit the LMIA Online Portal resources page for tips on how to apply online
• Ensure the occupation is on the list of eligible occupations for the facilitated process
• 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, 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.