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
Quebec’s facilitated processing occupations list is updated annually. The list below came into effect in February 24, 2021. 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 (2020).
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.
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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