When an employer is hiring a worker or professional, certain job advertising may be required to comply with the requirements of a Labour Market Impact Assessment (LMIA).
Proof of advertisement performed for the job position in various media (print, newspaper, digital, etc.) is often a requirement when a Canadian employer is hiring workers or professionals from other countries, except if they fall in the LMIA exempt category. However, there might be certain variations to the advertisement requirements depending on the occupation category to which the employer is hiring the foreign worker, as well as the stipulation(s) regarding the same in effect at various provinces and territories.
Note: Employers whose business or company is registered in Canada’s Atlantic provinces (Nova Scotia, New Brunswick, Newfoundland and Labrador, and the Prince Edward Island) can now hire foreign workers without having to obtain an LMIA through the Atlantic Immigration Pilot Program (AIPP). To know more about the Atlantic Immigration Pilot Program (AIPP), click here.
All LMIA applications require advertising. The exceptions and variations applicable for certain categorized occupations in certain provinces and territories have been outlined below:
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Foreign governments’ recruitment in Canada
As per section 184/204 of the Immigration and Refugee Protection Regulations, international organizations and foreign governments in Canada need not advertise the job position prior to recruitment.
For residential caregivers, the recruiter need not advertise the following:
However, the recruiter should give a reasonable identifier for his name, as well as the job’s location in Canada.
Entertainment related jobs
With respect to entertainment related jobs, no advertisement is required prior to the LMIA application.
This is applicable if:
The advertisement must contain the wage range for each job position and must explicitly mention the prevailing wage applicable in the region for the specific job/position.
Quebec Selection Certificate (CSQ) holders
Persons who hold the Quebec selection certificate, when chosen to hire in Canada by a Canadian employer, need not under undergo the usual advertising requirements for hiring skilled workers and professionals. This is applicable only if the NOC code identified in the applicant’s offer letter from the Canadian employer is same as the NOC code identified in the Quebec Selection Certificate (CSQ).
Note: Under the “facilitated” LMIA category, employers need not include recruitment efforts with the LMIA application, if the position to which the employer is hiring falls under NOC skill level 0 (management), A (professional), and B (technical). Also, the requirement to submit a transition plan is applicable only on the second LMIA application for the same candidate.
There are certain other categories also wherein the LMIA advertising requirements are waived off, or, concessions are granted.