Local Recruitment In LMIA Process

Requirement to Conduct Recruitment of Canadians or Permanent Residents

Employers who wish to hire foreign workers are required to demonstrate that they cannot find qualified Canadians or permanent residents to fill the job. The process of advertising jobs to locals is regulated, which means there are specific rules that employers must follow. These rules pertain to the content of job postings, the duration and number of postings, the acceptable job boards for posting, the process of interviewing candidates, and the documentation that must be submitted with an LMIA application as proof of conducted recruitment efforts (i.e., LMIA advertising requirements).

LMIA Advertising Requirements

Advertising a job to Canadians and permanent residents is an essential condition of recruitment before a business can be permitted to hire foreign workers. In fact, the LMIA process begins with job advertising. Employers need to demonstrate that they cannot find qualified Canadians or permanent residents for the job.

Employers should therefore advertise a position, ensuring that the job posting is drafted to meet the following LMIA advertising requirements:

• Mandatory job posting content: business name and address, job title, duties and requirements (language, education, and work experience), employment terms, including location, wage, work hours, and duration, and employer contact information for job applications.
• Number of job postings (recruitment activities): 3 or 5, depending on the LMIA stream.
• Job advertisement duration: each activity must last a minimum of 28 consecutive days without interruptions. The LMIA application should be received by Service Canada/ESDC after the completion of recruitment but no later than 3 months from the first day of the first activity. The only exception to this rule is a mandatory job advertisement on the Job Bank, which must continue running beyond the 4-week duration until there is a decision on the submitted LMIA application.
• Permitted job advertisement methods: websites, newspapers or newsletters, magazines and journals, community resource and employment centers, job fairs, recruitment agencies, professional associations, or even internally within a company. Additionally, an advertisement on the Job Bank is mandatory. For the High Wage Stream, businesses are required to use the Job Match function.
• Documentation of recruitment efforts: This must be submitted with an LMIA application and retained by the business for 6 years. Essentially, documents should demonstrate where, when, and for how long a position was advertised.

When ESDC/Service Canada officers assess an employer’s “reasonable efforts” to recruit Canadians or permanent residents, they thoroughly review whether advertising requirements, including those for the job posting, have been met. Any deviation from the job posting rules may result in a negative assessment of this factor and the entire LMIA accordingly.

Facilitated LMIA Advertising Requirements

For the positions listed below, the job advertising requirement is either waived or simplified. An LMIA is still required, but the process of hiring these categories of foreign workers will be more streamlined and expedited.

• Academics. An academic is defined as an individual with at least one postgraduate degree (subsequent to a Bachelor's degree) who earns the majority of their income from teaching or conducting research as an employee at universities or university colleges in Canada. No advertisement or recruitment is required for second or third LMIA applications for a university professor in a tenure-track position.
• Collective Bargaining Agreement Stipulating Internal Recruitment. This refers to the advertisement of a position covered by a Collective Bargaining Agreement that mandates only internal recruitment. In such cases, an internal posting is sufficient. However, all members of the Collective Bargaining Unit must have the opportunity to apply for the position.
• Entertainment Sector. No advertisement or recruitment is required if a worker is hired for a very limited number of days, in a specific location, and on very short notice. This typically applies to roles such as boxers, bar bands, DJs, musicians, singers, film directors, first assistant directors for feature films and commercials, key actors, artists, and film or television crew members for short productions and commercials. Note that this is not an exhaustive list of occupations in the entertainment sector.
• Hiring by a Foreign Government or Organization in Canada. No advertisement or recruitment is necessary if a position is affiliated with an international organization or the mission of a foreign government in Canada. Such entities can select foreign nationals based on their own processes and requirements.
• In-Home Caregiver. Advertisement is mandatory. However, employers are not obligated to include home addresses or full names in the job advertisement. Instead, they should provide details about the work location and use only a first name or another identifier.
• Primary Agriculture Positions Using High-Wage or Low-Wage Streams. Job advertisements must be posted on the Job Bank for a minimum of 14 calendar days and through at least one additional method: either nationally (for high-wage positions) or targeting an underrepresented group (for low-wage positions).
• Positions for a Short Duration – 30 Days or Fewer. No advertisement or recruitment is necessary if the job duration is 30 days or less, a temporary foreign worker needs to be hired on short notice, the job will cease to exist after the worker's departure, and there's no opportunity to train a Canadian or a permanent resident due to the specialized or proprietary knowledge required for the safe and efficient use or operation of machinery or equipment.
• Religion instructors in a faith-based independent school (NOC 42204 - Other Religious Occupations). Job advertisements must be posted for a minimum of four weeks within three months prior to applying for an LMIA on Job Bank or church publications. It is only applicable 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.
• Seasonal Agricultural Workers (only for the Province of Quebec). When hiring under this role in Quebec, employers are guided by the recruitment protocols outlined in "Hiring Temporary Foreign Workers in Quebec." This specification applies exclusively to Quebec.
• Seasonal Agricultural Workers. Re-advertisement is not required to hire a replacement worker in the same region and occupation as the previous LMIA. Additionally, advertisement is not needed when transferring an LMIA application if the region and occupation remain the same.
• Agricultural Stream Workers. Re-advertisement is not required to hire a replacement worker if the position remains in the same region and occupation as the previous positive LMIA.
• Specialized Service Technicians/Providers. Advertisement or recruitment isn't necessary if the role demands a specialist with proprietary knowledge or experience, the job duration is limited, and Canadians can't be trained for the task. An instance is when equipment, manufactured outside Canada, lacks a local licensee to provide the necessary service.
• Warranty Work. There's no need for advertising or recruitment when the installation, inspection, or repair of equipment is under warranty and the manufacturer specifies skilled workers as part of the warranty's terms.
• Maritime Sector – Coasting Trade. Advertising or recruitment isn't mandated for positions aboard foreign vessels partaking in coasting trade within Canadian waters under these conditions: the job lasts 30 days or fewer, no prior LMIA requests have been made, and a labor organization gives a concurrence letter stating qualified Canadians/permanent residents aren't available. This letter should also provide justification and, where feasible, accompanying documentation.
• Certificate of Selection from Quebec. Employers may be exempt from recruitment and advertising obligations if, during the LMIA application assessment, Service Canada verifies that the National Occupational Classification (NOC) code linked with the job offer matches the NOC code on the Certificate of Selection from Quebec (CSQ).

Additional LMIA Advertising Requirements

Hiring foreign workers for certain jobs necessitates additional steps in the LMIA advertising process. Specific additional advertising requirements for various positions include:

• Air pilots, flight engineers, and flying instructors (NOC 72600). Beyond the standard advertisement requirements, employers hiring for these roles must clarify certain criteria in their job postings. A maximum of 4,000 flight hours for a First Officer and 5,000 hours for a Captain is required as experience. Additionally, the possession of a valid commercial pilots’ license is essential. Candidates are also expected to demonstrate proficiency in either English or French, conform to the industry-standard medical testing requirements for commercial flight, and list both the legal and common names of the airline operating in Canada. The job posting shouldn’t list the need to hold a type rating for a specific aircraft as a requirement and should mention when training bonds, covering a minimum of two years of employment, will be applied.
• Camp counsellors in Ontario. Employers recruiting for this role must evidence their efforts to hire Canadian campers from the previous year. A written commitment to engage in spring recruitment campaigns at post-secondary institutions and high schools is also paramount.
• Employer associations. These are bodies of employers, predominantly from the same industry, that collaborate for mutual benefits. They may receive authorization to advertise on behalf of all their member companies. In such instances, both a signed "Appointment of Representative" form and a report detailing recruitment efforts meat be submitted. If there are multiple job openings advertised, the advertisement should spell out the wage range and location for each role.
• Maritime Sector – Coasting Trade. Those employers not meeting the criteria for exemption or waiver from advertising and recruitment procedures are obligated to submit a recruitment letter or email to the Seafarers’ International Union of Canada (SIU) at crewing@seafarers.ca. Additionally, a concurrence letter or email from the maritime labour organization, indicating the presence or absence of qualified Canadians or permanent residents for the role is required. Such employers are also bound to satisfy all high-wage or low-wage stream recruitment and advertising standards.

Fees Involved in the LMIA Advertising Process

Employers have the option to select advertising methods that best suit their job vacancies. For instance, using LinkedIn Job Ads could be an ideal choice for hiring a CEO for a tech company. The fees for job boards vary, depending on the advertisement's duration and any extra features. On average, a one-month job advertisement costs between CAD 100 and CAD 500, depending on the platform used. Some job boards even offer free postings.

It is strictly prohibited to reimburse LMIA advertising fees from a temporary foreign worker. Under no circumstances should this occur. These expenses are the responsibility of the employer. If a business opts to use the services of a recruitment agency, all associated costs are borne by the hiring company.

Additionally, each Canadian province has its own regulations governing recruiters. If your firm is considering a recruitment company, it is crucial to ensure that they are reputable and comply with any provincial licensing requirements. For example,  Rostie & Associates Inc.  is a leading tech talent recruitment agency in Ontario.

Start LMIA 

Depending on business conditions, stages, and needs, there are specific steps to follow in the LMIA process.

If you are looking for a corporate immigration law firm or lawyer in Canada, we are here based in Toronto to help. Call us at +1-416-915-0808 or email info@leromlaw.com for additional information you need to start the process.