Variations to minimum advertising requirements

The position is for an academic and is not covered by any other applicable Labour Market Impact Assessment (LMIA) exemption (for example, Canada Research Chair Positions, Visiting Professors, Post-Doctoral Fellows, etc.)

• Variation: the employer must conduct recruitment efforts as per the policy described in Hiring Foreign Academics in Canada. However, employers submitting subsequent (second or third) LMIA applications for a university professor in a tenure track position are exempted from the recruitment and advertisement requirement.
• Applicability: all provinces and territories

Employers hiring under the NOC 72600 under the TFW Program must meet the minimum advertising requirements for high-wage occupations; and specify the following criteria in their job postings:

• no more than a maximum of 4,000 flight hours for a First Officer and 5,000 hours for a Captain as required experience
• possess a valid commercial pilots’ licence
• require English and/or French language proficiency
• include industry standard medical testing requirements for commercial flight
• state both the legal and common names of the airline operating in Canada
• not include as an essential or asset requirement the necessity of holding a type rating for a specific type of aircraft. However, requiring applicants to have experience flying equipment that is similar in configuration and complexity to the airline’s fleet is considered acceptable
• indicate when training bonds will be applied and they must cover a minimum of 2 years employment

The position is for a camp counsellor who will be working in Ontario.

• Variation: the employer must provide documentation (for example, letters of offer) showing efforts to hire Canadian campers from the previous year and a commitment in writing. In addition, the employer should commit to pursue spring recruitment campaigns in high schools and post-secondary institutions
• Applicability: Ontario only

Employers who intend to hire a foreign national who has been selected by Quebec as a first step to get permanent residency and who has received a Certificate of Selection in Quebec (CSQ).

• Variation: employers can be exempted from the recruitment and advertising requirement only if Service Canada determines, during the assessment of the LMIA application, that the National Occupational Classification (NOC) code used for the job offer and the description of the position is the same as the NOC code found on the CSQ

Employers will be required to conduct all recruitment efforts, as per the minimum advertising requirements, if Service Canada determines that the NOC code listed on the CSQ is not the same as the one mentioned on the LMIA application.

• Note: employers hiring a temporary foreign worker, who has a CSQ and who resides in the province of Quebec, may not require an LMIA. For more information on LMIA exemptions in Quebec.
• Applicability: Quebec only

The position is part of a collective bargaining agreement CBA that contains provisions for hiring/promoting through internal staffing processes. This pertains to cases where a TFW started employment, as per the original approved LMIA and work permit, however, through an internal hiring process – stipulated for a collective bargaining unit through a CBA – was promoted to a different occupation. In this case a new LMIA and work permit would be required since the TFW was hired in a different occupation.

• Variation: in this case, internal posting for the position, as per the CBA, will suffice to satisfy minimum advertising requirements. Specifically, the employer must provide the internal posting of the opportunity for promotion. All members of the Collective Bargaining Unit must have had an opportunity to apply for the position

It is important to note that an internal posting for a position can only be accepted as minimum advertising requirements for workplaces/positions that are covered by a CBA, which stipulates internal recruitment. This does not extend to promotions granted in other scenarios.

• Applicability: all provinces and territories

An employer association can be authorized to advertise on behalf of one or more of its members.

• Variation: an employer association advertising for positions on behalf of an employer, or a number of employers, must advertise according to the general advertising requirements for high-wage and low-wage occupations

In addition, the following documents must be submitted with the employer's LMIA application:

• a signed Appointment of Representative form, specifically authorizing the third-party representative to act on their behalf. Service Canada officers may, at their discretion, contact employers directly to confirm the authorization
• a report on recruitment efforts, to demonstrate that the position was advertised, and include copies of the advertisements, the number of Canadian or permanent resident applicants, and why the applicants were not hired

Employer associations, who are conducting advertising for more than one job for the same employer, or are advertising for multiple employers, must ensure that the advertisement includes the wage range for each job and location. The wage range must always include the prevailing wage for the position.

• Applicability: all provinces and territories

The position is for a specific occupation in the entertainment sector where a worker is often hired for a very limited number of days, in a specific location, and on very short notice (for example boxers, bar bands, DJ's, musicians, singers, film directors and first assistant directors for feature films and commercials, key actors, artists, film or television crew for short productions and commercials, etc.).

• Variation: no advertisement or recruitment is required
• Applicability: all provinces and territories

The position is with an international organization or the mission of a foreign government, but is not exempt under Section 186 (work permit not required) or Section 204 (business visitor under GATS or NAFTA) of the Immigration and Refugee Protection Regulations.

• Variation: in such cases, the international organization or foreign government will have selected the foreign national according to its own process and in light of its own requirements. No advertisement or recruitment is required
• Applicability: all provinces and territories

Employers hiring in-home caregivers under the TFW Program must follow the same recruitment requirements set out for high-wage occupations or low-wage occupations.

• Variation: as part of the job advertisement, employers do not need to list the business address (for example home address) as part of the advertisement. However, they should include information regarding the location of work. Employers may not list their full name, but rather can use their first name only or other reasonable identifier
• Applicability: all provinces and territories

Employers hiring TFWs to work in primary agriculture using the Stream for high-wage positions or the Stream for low-wage positions must follow the recruitment requirements associated with the specific stream under which they are applying.

• Variation: to meet the minimum advertising requirements, employers must advertise on the national Job Bank or its provincial/territorial counterpart and choose at least one additional method of recruitment consistent with the normal practice for the occupation
• In addition:
  • if the job is for a high-wage position, the additional method must be national in scope
  • if the job is for a low-wage position, the additional method must target an underrepresented group

The advertisement must be posted for a minimum of 14 calendar days during the 3 month period prior to the employer applying for a labour market impact assessment.

• Applicability: all provinces and territories

In very limited circumstances, employers may be waived the minimum advertising requirements for short duration positions. This variation can be applied if the employers can demonstrate that:

• they need to hire a TFW on short notice
• they have a position available for a short duration (30 days or less)
• the job will no longer exist after the TFW leaves
• there is no opportunity to train a Canadian or a permanent resident because the position requires specialized and/or proprietary knowledge to ensure the safe and efficient provision or operation of machinery or equipment

• Variation: no advertisement or recruitment is required
• Applicability: all provinces and territories

The position is for an instructor in a faith-based independent school (NOC 42204 - Other Religious Occupations). This variation only applies to situations where the provincial or territorial Ministry of Education delegates to the independent school the ability to establish the qualifications of their instructors based on religion.

• Variation: employers must advertise on the national Job Bank (or provincial or territorial equivalent), or conduct similar recruitment activities consistent with the occupation (for example advertising in church publications) for a minimum of 4 weeks within 3 months prior to applying for an LMIA
• Applicability: all provinces and territories

The position is for a seasonal agricultural worker who will be working in Quebec under the Seasonal Agricultural Worker Program (SAWP).

• Variation: employers must conduct their recruitment efforts as described under Hiring Temporary Foreign Workers in Quebec
• Applicability: Quebec only

Replacements

Employers who are hiring a replacement worker under the SAWP stream are not required to re-advertise when submitting an LMIA application for the vacant position. This applies only if the position remains in the same Job Bank economic region and is the same occupation as the ones stipulated in the previous positive LMIA.

Transfers

Employer's submitting transfer LMIA applications under the SAWP stream are not required to advertise if:

Employers under the Agriculture stream are not required to re-advertise a vacant position when submitting an LMIA application for a replacement worker. This applies only if the position remains in the same economic region and is the same occupation as the ones stipulated in the previous positive LMIA.

When the work requires a specialist having proprietary knowledge and/or experience related to the work to be performed — duration of the work is limited and there is no opportunity for Canadians to be trained.

Situations to which this variation could apply include (but are not limited to):

1. service required for equipment manufactured outside of Canada and the original equipment manufacturer (OEM) does not have Canadian licensees that can do the work (equipment is generally no longer under warranty, or covered by an after sales agreement)
2. the work to be performed requires someone currently unavailable in Canada, with proprietary knowledge, experience and/or tools from the OEM (or an approved OEM licensee) to perform the work or to oversee and direct Canadians doing the work
3. service required for equipment that is so old (no longer in production) that customized parts have to be manufactured / or new parts reconfigured by an OEM approved technician / representative

• Variation: no advertisement or recruitment is required
• Applicability: all provinces and territories

When the work entails installation, inspection or repair of equipment, and the terms of the warranty require the work to be done by skilled workers designated by the manufacturer.

• Variation: no advertising or recruitment is required
• Applicability: all provinces and territories

Coasting Trade refers to any marine activity of a commercial nature within Canadian waters and above the continental shelf as defined in the Coasting Trade Act. The Coasting Trade Act provides an administrative process to temporarily import a foreign vessel under a coasting trade license when a suitable Canadian registered vessel is not available.

Employers submitting LMIAs for a position onboard a Canadian or foreign vessel undertaking coasting trade must determine which of the following variations is applicable to their LMIA application.

1. Exempt (foreign vessels only), if the work duration is 30 days or less and no previous requests for an LMIA have been submitted (in other words no positive LMIAs have been issued for this position on this vessel during the same calendar year), then no advertising or recruitment is required. Work duration is not tied to consecutive days in Canadian waters but rather the LMIA duration. For example, a vessel that temporarily leaves Canadian waters and re-enters to continue work on the same project must complete the work in less than 30 days to qualify for the exemption.
2. The High/Low-wage stream minimum recruitment requirements may be waived if the employer provides:
   • a letter of concurrence* from the appropriate labour organization stating that there are or are not qualified Canadians/permanent residents available for the position, and
   • justification and where practical, supporting documents. Some factors considered by Service Canada may include 1 or more of the following:
     • short notice
     • duration of work
     • position will no longer exist after the foreign national leaves
     • no opportunity to train a Canadian or permanent resident
     • position requires specialized and/or proprietary knowledge to ensure the safe and efficient provision or operation of a vessel, machinery or equipment
   The justification and supporting documents must be submitted with the complete LMIA application. Service Canada will assess the justification to determine if the minimum recruitment requirements will be waived.
3. Employers who do not qualify for the exemption or to have their recruitment and advertising waived must:
   • submit a copy of the recruitment letter or email sent to the appropriate labour organization. The letter must meet the job advertisement information requirements, and
   • submit a letter or email of concurrence * from the appropriate maritime labour organization stating that there are or are not qualified Canadians/permanent residents available for the position with the complete LMIA application, and
   • meet all High-wage or Low-wage stream recruitment and advertising requirements. A written rationale supporting an alternative method to the Job Bank will not be considered for maritime sector coasting trade positions

*Note: LMIA applications submitted to Service Canada without a labour organization letter of concurrence will be considered incomplete and will not be processed. The concurrence letter/email details must be consistent with the LMIA application. (Same vessel name, job title, job description, work location, work duration, etc.)

The Seafarers’ International Union of Canada (SIU) will coordinate requests for concurrence for all labour organizations. Email your request for concurrence to crewing@seafarers.ca.

Applicability: All provinces and territories