Here at CIP we are here to guide you through every aspect of the LMIA process. This includes walking you through the minimum advertisement requirements and variations to said requirements.
Advertising requirements can govern where you advertise for certain positions as well as the language used in the advertisement. CIP is happy to go over your advertisements to make sure they meet all of the requirements.
Standard Recruitment Requirements
For Higher-Skilled Occupations, the Service Canada website states that recruitment requirements will be met if mandatory information is placed in public advertisements that provide a broad exposure of the vacancy to Canadian citizens and permanent residents in Canada who would be potential candidates for the position.
As per the ESDC website, to meet the minimum advertising requirements, employers must advertise:
- On the national Job Bank or its provincial/territorial counterpart in British Columbia, Saskatchewan, the Northwest Territories, Quebec or Newfoundland and Labrador
- The advertisement must be posted for a minimum of 4 weeks starting from the first day the ad appears and is accessible to the general public.
- The advertisement must remain posted to actively seek qualified Canadians and permanent residents until the date a labour market opinion is issued.
- Using 2 or more additional methods of recruitment consistent with the normal practice for the occupation.
- As a minimum, employers must choose one method that is national in scope, since people in higher-skilled positions are often mobile and willing to re-locate for work. Employers can choose one or more recruitment methods among these:
- print media (national or provincial/territorial newspapers, national journals, magazines with national coverage, specialized journals, professional associations magazines, newsletters, etc.)
- general employment websites (canadastop100.com, vault.com, workopolis.com, monster.ca, etc.)
- specialized websites dedicated to specific occupation profiles (e.g. accounting, marketing, biotechnology, education, engineering, etc.)
- The advertisement must be posted for a minimum of 4 weeks starting from the first day the ad appears and is accessible to the general public.
Employers must demonstrate that the print media and website used to advertise target an audience that has the appropriate education, professional experience and/or skill level required for the occupation.
Employers must provide proof of advertisement and the results of their efforts to recruit Canadian citizens and permanent residents (e.g. copy of advertisement and information to support where, when and for how long the position was advertised)
Employers recruiting higher-skilled workers, in areas where the use of the Job Bank or its provincial/territorial counterparts is not considered an effective method of recruitment, must provide a written explanation of the alternative method used with their LMIA application. In general, Service Canada will be very unwilling to accept the explanation.
Each advertisement must include:
- Company operating name
- Business address
- Title of position
- Job duties (for each position, if advertising more than one vacancy)
- Terms of employment (e.g. project based, permanent position)
- Wage
- a wage range can be used for the purposes of complying with the advertisement requirements; however, the minimum wage in the range must be the prevailing wage;
- (refer to Wages, Working Conditions and Occupations tab to determine the established rate for the specific occupation and geographic area)
- Benefits package being offered (if applicable)
- Location of work (local area, city or town)
- Contact information: telephone number, cell phone number, email address, fax number, or mailing address; and Skills requirements: Education
- Work experience
There are practically no exceptions to this, and a Service Canada officer once informed me that a LMIA application was refused because the job advertisement did not contain a postal code (although I believe this decision was overturned). Service Canada is also right now being extremely inflexible about companies not publicly posting wages in their advertisements. Our office was once told that should an employer wish to submit a Labour Market Impact Assessment application for a senior director who made over $2,000,000.00 per annum that it would have to run advertisements stating the wage.
Other methods of recruitment can include:
- participation at job fairs;
- partnering with training institutions or offering internships;
- Use of professional recruitment agencies;
- Consultations with unions for available labour;
- Advertising through professional associations; or
- Recruitment within the company (e.g. considering internal candidates for the position). Such companies may wish to provide a Human Resources Plan that outlines (i) the training opportunities for existing employees, (ii) a list of competencies for the employees, (iii) workshops and/or programs for professional development and career management, or (iv) specific programs to target specific employees for advancement.
For Lower-Skilled Positions, employers must also target under represented groups (aboriginal peoples, youth, older workers, persons with disabilities, and recent immigrants). The ESDC website states:
Employer can:
- try to recruit workers from local or provincial/territorial employment centres, service centres for Aboriginal youth, new immigrants and people with disabilities;
- offer bursaries to attract students or youth, pursue online recruitment strategies, or undertake ongoing advertising and interviews in order to maintain a pre-screened applicant pool.
Variations
Academics (University Professors)
Description: The position is for an academic and is not covered by any other applicable Labour Market Impact Assessment exemption.
Foreign workers who need a work permit, but do not require a Labour Market Impact Assessment, include:
- Post-doctoral fellows;
- Research award recipients;
- Eminent individuals, for example leaders in various fields;
- Guest lecturers;
- Visiting professors;
- Citizens of the U.S. and Mexico appointed as professors under the university, college and seminary levels of the North American Free Trade Agreement NAFTA); and
- Citizens of Chile appointed as professors under the Canada Chile Free Trade Agreement (CCFTA).
Variation: The employer must conduct recruitment efforts as per the following:
- Advertise vacant positions in Canada;
- Make sure any vacant position advertised abroad is also advertised simultaneously in Canada;
- Advertise for a reasonable length of time (about a month) to allow broad exposure of the vacancy to Canadians and permanent residents;
- Demonstrate that the advertising medium used (web, print or electronic) is effective in attracting appropriate candidates for the position;
- Include in the advertisement this statement: “All qualified candidates are encouraged to apply; however Canadians and permanent residents will be given priority”;
- Meet all conditions of applicable collective agreements;
- Outline the educational institution’s hiring decision and providing summaries of Canadian applicants verified by the vice-president (academic) or other senior academic official of the educational institution; and
- Be prepared to fill a yearly summary report on recruitment practices for Canadian academics and results.
Applicability: All Provinces
Camp Counsellors
Description: The position is for a camp counsellor who will be working in Ontario.
Variation: The employer must provide documentation (e.g. job offer letters) showing efforts to hire Canadian campers from the previous year and a commitment in writing. Moreover, the employer should commit to pursue Spring recruitment campaigns in high schools and post-secondary institutions.
Applicability: Ontario only
Certificate of Selection from Quebec
Description: Employers who intend to hire a foreign national who has been selected by Quebec as a first step to get permanent residence 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.
As of June 1, 2012, employers hiring a temporary foreign worker who has a CSQ and who resides in the province of Quebec may not require a LMIA.
Applicability: Quebec only
Collective Bargaining Agreement that Stipulates Internal Recruitment
Description: The position is part of a collective bargaining agreement that contains provisions for hiring/promoting through internal staffing processes. This pertains to cases where a temporary foreign worker started employment, as per the original approved LMIA and work permit, but who has, through an internal hiring process — stipulated for a collective bargaining unit through a Collective Bargaining Agreement (CBA) — was promoted to a different occupation. In this case a new LMIA and work permit would be required since the foreign worker 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
Digital Media Occupations
Description: The position is for one of the following occupations:
- Software Engineers and Designers (NOC 2173)
- Graphic Designers and Illustrators (NOC 5241)
The advertising variation is limited to Digital Entertainment Software Engineer (NOC 2173) and Digital Artist (NOC 5241) positions within the video gaming and digital animation/visual effects industries. These positions require highly-specialized skills and/or unique artistic talents in order to complete projects successfully.
Variation: No advertising or recruitment is required.
Applicability: British Columbia and Ontario
Employer Associations
Description: 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 NOC 0, A, B, C and D.
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; and
- 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
Entertainment Sector
Description: 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 (e.g., 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 advertising or recruitment is required.
Applicability: All Provinces
Hiring by a Foreign Government
Description: 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 advertising or recruitment is required.
Applicability: All Provinces
On-farm Primary Agriculture (Higher-skilled and Lower-skilled Occupations)
Description: Employers hiring temporary foreign workers to work in on-farm primary agriculture have specific advertising criteria that must be met for:
- higher-skilled positions such as farm managers/supervisors and specialized livestock workers (specifically National Occupational Classification (NOC) codes 8251, 8252, 8253, 8254 and 8256); and
- lower-skilled positions such as general farm workers, nursery and greenhouse workers and harvesting labourers (specifically NOC codes 8431, 8432 and 8611).
Variation: To meet the minimum advertising requirements, employers must advertise on the national Job Bank or its provincial/territorial counterpart in British Columbia, Newfoundland and Labrador, the Northwest Territories, Quebec or Saskatchewan. The advertisement must be posted:
- for a minimum of 14 calendar days starting from the first day the ad appears and is accessible to the general public; and
- during the three-month period prior to the employer applying for a LMIA.
Employers must also conduct recruitment activities consistent with the normal practice for the occupation for a minimum of 14 calendar days. To meet this requirement, employers must choose one or more of the following methods to advertise:
- on recognized Internet employment sites such as Monster, Workopolis;
- in local and regional newspapers, newsletters;
- in ethnic newspapers and Internet sites;
- in local stores, places of worship, community resource centres; or
- in local and regional employment centres.
The advertisement must include the:
- Company operating name;
- Business address;
- Title of position;
- Job duties (for each position, if advertising more than one vacancy);
- Terms of employment;
- Wage;
- Benefits package being offered (if applicable);
- Location of work (local area, city or town);
- Contact information: telephone number, cell phone number, email address, fax number, or mailing address; and
- Skills requirements:
- Education; and
- Work experience.
Third-party representatives or recruiters can be the main contact for any job advertisements posted on behalf of the employer. However, the advertisement must be listed under the employer’s Canada Revenue Agency business number.
Owners/Operators
Description: The position is for business owners and does not refer to individuals who receive shares as part of a compensation package. To qualify as an owner/operator, the foreign national must:
- demonstrate a level of controlling interest in the business, e.g. be a sole proprietor or a majority shareholder;
- demonstrate that such temporary entry will result in the creation or retention of employment opportunities for Canadians and permanent residents and/or skills transfer to Canadians and permanent residents; and,
- not be able to be dismissed.
Variation: No advertising or recruitment is required.
Applicability: All Provinces
Religion Instructors
Description: The position is for an instructor in a faith-based independent school (Other Religious Occupations, NOC 4217). This variation only applies to situations where the provincial 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 equivalent), or conduct similar recruitment activities consistent with the occupation (e.g. advertising in church publications) three months prior to applying for a LMIA.
Applicability: All Provinces
Seasonal Agricultural Workers
Description: 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 Temporary Work Permits for Work in Quebec.
Applicability: Quebec only
Specialized Service Technicians/Specialized Service Providers
Descriptions: When the work requires a specialist having proprietary knowledge and/or experience related to the work to be performed, the 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):
- 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); or
- 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; or
- 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 advertising or recruitment is required.
Applicability: All Provinces
Warranty Work
Description: 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
Don’t let a simple advertisement trip up your recruitment process.
Work with CIP to ensure you’re meeting all of your requirements and obligations under LMIA. Every day, we help employers navigate the maze of requirements and regulations that are required in order to bring a foreign worker into the fold. Contact CIP if you’ve got vacancies you’ve got to fill ASAP.
