Facilitated Labour Market Impact Assessment process for Quebec employers
Employment and Social Development Canada (ESDC) and the ministère de l'Immigration, de la Diversité et de l'Inclusion (MIDI), 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.
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 comply with the requirements for the Stream for high-wage positions and apply using the LMIA application form for high-wage positions (EMP5626).
The facilitated LMIA assessment process includes professions in high demand, and in industry sectors experiencing labour shortages in Quebec. The list of occupations, developed and updated by the MIDI and Emploi-Québec, contains higher-skilled occupations classified under the National Occupational Classification (NOC) skill type 0 (management), and skill levels A (professional) and B (technical).
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.
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 temporary foreign workers (TFW) must be consistent with the wage rate paid to Canadians and permanent residents, working in the same occupation and geographical area.
For more information about wage rates, visit the MIDI website (available in French only).
Positions covered by a collective agreement
Employers, seeking to hire a TFW for a position that is covered under a collective agreement, must 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.
For information regarding the MIDI's requirements under the facilitated LMIA process, refer to the MIDI website (available in French only).
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:
- Complete, sign (where applicable) and submit the appropriate application to the Service Canada Processing Centre:
- The LMIA application form (EMP5626) - Indicate on LMIA Application "Facilitated Process"
- Submit to the MIDI a copy of the LMIA Application form that was sent to ESDC/Service Canada, and submit the following documents:
- 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 MIDI form for Quebec Certificate of Acceptation (QCA) for Temporary work and all relevant documents
- Payment of QCA processing fees levied by the Government of Quebec
- Submit according to the location of the position:
For more information, contact the MIDI
Once ESDC and the MIDI have issued a positive LMIA, the employer must:
- send a copy of the joint ESDC/MIDI confirmation letter and the QCA to the TFW.
- ask the TFW to apply for a work permit at Immigration, Refugees and Citizenship Canada.
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