If a Canadian employer wants to hire a foreign national, they must usually receive approval from the Canadian government through a Labour Market Impact Assessment (LMIA). The purpose of the LMIA is to ensure that the hiring of a foreign national will not negatively affect workers in Canada.
The government must conclude that hiring the foreign national will have positive or neutral effect on the Canadian labour market. In general, it should be clear that no Canadians were passed up for the job in favour of the foreign national and that they will receive salary and benefits that meet federal and provincial standards.
In Quebec, the facilitated process does not exempt employers from applying for an LMIA. However, there are various occupations that Quebec employers are not required to advertise the position for which they are hiring foreign workers.
Requirements for Quebec employers
The Quebec employer does not need to provide evidence of recruitment efforts for the position they are seeking to fill, but they should make best efforts to recruit Canadian citizens and permanent residents before hiring a foreign worker.
The employer must also show the following:
- The foreign worker meets all educational and experience requirements of the job and the requirements of the National Occupation Classification;
- That the hourly wage of the foreign work is consistent with that of Canadians and permanent residents working in the same occupation and geographical area;
- A transition plan is required for all high wage LMIA applications. However, under the facilitated process in Quebec, a transition plan is only required for the second or subsequent application for an LMIA in the same occupation and location.
TFWP Quebec Pilot Project
Effective December 6, 2021 until December 31st, 2024, various TEER 4 and 5 category jobs are also exempt from advertising and recruitment requirements. You can find a list of these occupations here.
