LMIA Advertising Exemptions
Employers that submit a Labour Market Impact Assessment (LMIA) application to the Canadian government need to meet certain criteria to get approval to hire a foreign worker.
One such criteria is showing the Canadian government you have advertised the role in Canada but were unable to find a suitable domestic candidate. The Canadian government, however, can waive this advertising requirement. Read below to learn more.
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Overview
Generally, as part of the LMIA process, Canadian employers must demonstrate that employing a foreign worker will have a positive or neutral impact on the Canadian labour market, and that there is currently no Canadian citizen or permanent resident available to fill the position, which is typically done by advertising the position on several venues.
However, for certain situations, advertisement and recruitment are not required, thus eliminating what is often the most problematic aspect of a LMIA application. Not having to demonstrate proper advertisement and sufficient recruitment efforts renders the process significantly more expeditious and increases the likelihood of LMIA success. Although the application process is facilitated, the employer must still pay the $1,000.00 government processing fee.
The list of advertising exemptions includes, but is not limited to, the following:
Quebec Facilitated Process
Note: Quebec’s simplified processing occupations list is updated annually. The list below came into effect on February 24, 2020. A transitional period of 30 days was granted to the employer to allow the examination of an application submitted according to the list of the previous year (2019).
This list is for the recruitment of temporary foreign workers only (not business owners). Some occupations are included in the Global Talent Stream occupations list. These occupations are indicated in the last column of the table.
NOC | Occupation | Global Talent Stream |
0111 | Financial managers |
|
0112 | Human resources managers |
|
0113 | Purchasing managers |
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0121 | Insurance, real estate and financial brokerage managers |
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0122 | Banking, credit and other investment managers |
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0124 | Advertising, marketing and public relations managers |
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0131 | Telecommunication carriers managers |
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0211 | Engineering managers |
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0212 | Architecture and science managers |
|
0213 | Computer and information systems managers | Yes |
0311 | Managers in health care |
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0421 | Administrators – post secondary education and vocational training |
|
0422 | School principals and administrators of elementary and secondary education |
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0423 | Managers in social, community and correctional services |
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0511 | Library, archive, museum and art gallery managers |
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0512 | Managers – publishing, motion pictures, broadcasting and performing arts |
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0601 | Corporate sales managers |
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0631 | Restaurant and food service managers |
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0632 | Accommodation service managers |
|
0711 | Construction managers |
|
0712 | Home building and renovation managers |
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0731 | Managers in transportation |
|
0821 | Managers in agriculture |
|
0822 | Managers in horticulture |
|
0911 | Manufacturing managers |
|
1111 | Financial auditors and accountants |
|
1112 | Financial and investment analysts |
|
1113 | Securities agents, investment dealers and brokers |
|
1114 | Financial planners and advisors (only this designation) |
|
1121 | Human resources professionals |
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1122 | Professional occupations in business management consulting |
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1123 | Professional occupations in advertising, marketing and public relations |
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1211 | Supervisors, general office and administrative support workers |
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1212 | Supervisors, finance and insurance office workers |
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1213 | Supervisors, library, correspondence and related information workers |
|
1214 | Supervisors, mail and message distribution occupations |
|
1215 | Supervisors, supply chain, tracking and scheduling co-ordination occupations |
|
1221 | Administrative officers |
|
1222 | Executive assistants |
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1223 | Human resources and recruitment officers |
|
1224 | Property administrators |
|
1225 | Purchasing agents and officers |
|
1226 | Conference and event planners |
|
1241 | Administrative assistants |
|
1243 | Medical administrative assistants |
|
1251 | Court reporters, medical transcriptionists and related occupations |
|
1311 | Accounting technicians and bookkeepers |
|
1312 | Insurance adjusters and claims examiners |
|
1313 | Insurance underwriters |
|
1314 | Assessors, valuators and appraisers |
|
1315 | Customs, ship and other brokers |
|
2111 | Physicists and astronomers |
|
2112 | Chemists |
|
2113 | Geoscientists and oceanographers |
|
2121 | Biologists and related scientists |
|
2122 | Forestry professionals |
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2123 | Agricultural representatives, consultants and specialists |
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2131 | Civil engineers |
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2132 | Mechanical engineers |
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2133 | Electrical and electronics engineers |
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2134 | Chemical engineers |
|
2141 | Industrial and manufacturing engineers |
|
2142 | Metallurgical and materials engineers |
|
2143 | Mining engineers |
|
2146 | Aerospace engineers |
|
2147 | Computer engineers (except software engineers and designers) | Yes |
2151 | Architects |
|
2153 | Urban and land use planners |
|
2154 | Land surveyors |
|
2161 | Mathematicians, statisticians and actuaries | Yes |
2171 | Information systems analysts and consultants | Yes |
2172 | Database analysts and data administrators | Yes |
2173 | Software engineers and designers | Yes |
2174 | Computer programmers and interactive media developers | Yes |
2175 | Web designers and developers | Yes |
2211 | Chemical technologists and technicians |
|
2212 | Geological and mineral technologists and technicians |
|
2223 | Forestry technologists and technicians |
|
2224 | Conservation and fishery officers |
|
2225 | Landscape and horticulture technicians and specialists |
|
2231 | Civil engineering technologists and technicians |
|
2232 | Mechanical engineering technologists and technicians |
|
2233 | Industrial engineering and manufacturing technologists and technicians |
|
2234 | Construction estimators |
|
2241 | Electrical and electronics engineering technologists and technicians |
|
2242 | Electronic service technicians (household and business equipment) |
|
2243 | Industrial instrument technicians and mechanics |
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2244 | Aircraft instrument, electrical and avionics mechanics, technicians and inspectors |
|
2251 | Architectural technologists and technicians |
|
2252 | Industrial designers |
|
2253 | Drafting technologists and technicians |
|
2254 | Land survey technologists and technicians |
|
2261 | Non-destructive testers and inspection technicians |
|
2263 | Inspectors in public and environmental health and occupational health and safety |
|
2264 | Construction inspectors |
|
2271 | Air pilots, flight engineers and flying instructors |
|
2281 | Computer network technicians | Yes |
2282 | User support technicians |
|
2283 | Information systems testing technicians | Yes |
3011 | Nursing co-ordinators and supervisors |
|
3012 | Registered nurses and registered psychiatric nurses |
|
3111 | Specialist physicians |
|
3112 | General practitioners and family physicians |
|
3113 | Dentists |
|
3114 | Veterinarians |
|
3121 | Optometrists |
|
3122 | Chiropractors |
|
3124 | Allied primary health practitioners |
|
3131 | Pharmacists |
|
3132 | Dietitians and nutritionists |
|
3141 | Audiologists and speech-language pathologists |
|
3142 | Physiotherapists |
|
3143 | Occupational therapists |
|
3211 | Medical laboratory technologists |
|
3212 | Medical laboratory technicians and pathologists' assistants |
|
3213 | Animal health technologists and veterinary technicians |
|
3214 | Respiratory therapists, clinical perfusionists and cardiopulmonary technologists |
|
3215 | Medical radiation technologists |
|
3219 | Technical assistants in pharmacy (only this designation) |
|
3221 | Denturists |
|
3222 | Dental hygienists and dental therapists |
|
3233 | Licensed practical nurses |
|
3234 | Paramedical occupations |
|
4011 | University professors and lecturers |
|
4012 | Post-secondary teaching and research assistants |
|
4021 | College and other vocational instructors |
|
4031 | Secondary school teachers |
|
4032 | Elementary school and kindergarten teachers |
|
4033 | Educational counsellors |
|
4112 | Lawyers and Quebec notaries |
|
4151 | Psychologists |
|
4152 | Social workers |
|
4153 | Family, marriage and other related counsellors (only this designation) |
|
4156 | Employment counsellors |
|
4161 | Natural and applied science policy researchers, consultants and program officers. |
|
4162 | Economists and economic policy researchers and analysts |
|
4163 | Business development officers and marketing researchers and consultants |
|
4164 | Social policy researchers, consultants and program officers |
|
4165 | Health policy researchers, consultants and program officers |
|
4166 | Education policy researchers, consultants and program officers |
|
4167 | Recreation, sports and fitness policy researchers, consultants and program officers |
|
4211 | Paralegals |
|
4212 | Social and community service workers |
|
4214 | Early childhood educators and assistants |
|
4215 | Instructors of persons with disabilities |
|
4312 | Firefighters | |
5111 | Librarians |
|
5113 | Archivists |
|
5125 | Translators, terminologists and interpreters |
|
5131 | Producers, directors, choreographers and related occupations |
|
5211 | Library and public archive technicians |
|
5223 | Graphic arts technicians |
|
5225 | Audio and video recording technicians |
|
5227 | Support occupations in motion pictures, broadcasting, photography and the performing arts |
|
5241 | Graphic designers and illustrators | Yes |
5242 | Interior designers and interior decorators |
|
5243 | Theatre, fashion, exhibit and other creative designers |
|
5254 | Program leaders and instructors in recreation, sport and fitness |
|
6211 | Retail sales supervisors |
|
6221 | Technical sales specialists – wholesale trade |
|
6222 | Retail and wholesale buyers |
|
6231 | Insurance agents and brokers |
|
6235 | Financial sales representatives |
|
6311 | Food service supervisors |
|
6313 | Accommodation, travel, tourism and related services supervisors |
|
6314 | Customer and information services supervisors |
|
6321 | Chefs | |
6322 | Cooks |
|
6331 | Butchers, meat cutters and fishmongers - retail and wholesale |
|
6332 | Bakers |
|
6342 | Tailors, dressmakers, furriers and milliners |
|
6344 | Jewellers, jewellery and watch repairers and related occupations |
|
7201 | Contractors and supervisors, machining, metal forming, shaping and erecting trades |
|
7202 | Contractors and supervisors, electrical trades and telecommunications occupations (only this designation) |
|
7204 | Contractors and supervisors, carpentry trades |
|
7231 | Machinists and machining and tooling inspectors |
|
7233 | Sheet metal workers |
|
7235 | Structural metal and platework fabricators and fitters |
|
7236 | Ironworkers |
|
7237 | Welders and related machine operators |
|
7242 | Industrial electricians |
|
7244 | Electrical power line and cable workers |
|
7245 | Telecommunications line and cable workers |
|
7246 | Telecommunications installation and repair workers |
|
7271 | Carpenters |
|
7281 | Bricklayers |
|
7282 | Concrete finishers |
|
7283 | Tilesetters |
|
7284 | Plasterers, drywall installers and finishers and lathers |
|
7291 | Roofers and shinglers |
|
7292 | Glaziers |
|
7293 | Insulators |
|
7294 | Painters and decorators (except interior decorators) |
|
7295 | Floor covering installers |
|
7301 | Contractors and supervisors, mechanic trades (only this designation) |
|
7302 | Contractors and supervisors, heavy equipment operator crews (only this designation) |
|
7303 | Supervisors, printing and related occupations |
|
7305 | Supervisors, motor transport and other ground transit operators |
|
7311 | Construction millwrights and industrial mechanics |
|
7312 | Heavy-duty equipment mechanics |
|
7315 | Aircraft mechanics and aircraft inspectors |
|
7316 | Machine fitters |
|
7318 | Elevator constructors and mechanics |
|
7321 | Automotive service technicians, truck and bus mechanics and mechanical repairers |
|
7322 | Motor vehicle body repairers |
|
7331 | Oil and solid fuel heating mechanics |
|
7332 | Appliance servicers and repairers |
|
7333 | Electrical mechanics |
|
7361 | Railway and yard locomotive engineers |
|
7362 | Railway conductors and brakemen/women |
|
7371 | Crane operators |
|
7381 | Printing press operators |
|
8211 | Supervisors, logging and forestry |
|
8221 | Supervisors, mining and quarrying |
|
8231 | Underground production and development miners |
|
8241 | Logging machinery operators |
|
8252 | Agricultural service contractors, farm supervisors and specialized livestock workers (only this designation) |
|
9212 | Supervisors, petroleum, gas and chemical processing and utilities |
|
9213 | Supervisors, food and beverage processing |
|
9214 | Supervisors, plastic and rubber products manufacturing |
|
9215 | Supervisors, forest products processing |
|
9226 | Supervisors, other mechanical and metal products manufacturing |
|
9232 | Central control and process operators, petroleum, gas and chemical processing |
|
9235 | Pulping, papermaking and coating control operators |
|
9241 | Power engineers and power systems operators |
|
9243 | Water and waste treatment plant operators |
|
Specialized Service Technicians
To qualify for this advertising exemption, a company must demonstrate that the work to be performed is highly specialized and that the individual has proprietary knowledge and/or experience related to the work to be performed in Canada. The work must be limited in duration (normally six months or less) and there must not be any opportunity for Canadians to be trained. Examples include, but are not limited to, servicing equipment manufactured outside of Canada and installation of specialized equipment requiring proprietary knowledge.
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