Minimum Advertising Requirements (LMIA)
Employers who wish to hire foreign workers in the following categories are subject to a variation in the advertising requirements for a Labor Market Impact Assessment.
Below is the list of employment situations for which the usual advertising requirement for an LMIA does not apply.
In certain situations, the variation(s) may only apply to a certain province or province.
Academics (University Professors)
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 were appointed as professors under the Canada Chile Free Trade Agreement (CCFTA).
The position is for a camp counselor who will be working in Ontario. 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.
An employer association can be authorized to advertise on behalf of one or more of its members. 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.
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.).
Employers hiring in-home caregivers under the TFW Program must follow the same recruitment requirements set out for high-wage occupations or low-wage occupations.
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:
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.
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.