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Temporary Foreign Worker Program
Variations to Minimum Advertising Requirements
Employers who wish to hire foreign workers in the following categories are subject to a variation in the advertising requirements.
Updated - May 2012
Academics Camp Counsellors Certificate of Selection from Quebec Collective Bargaining Agreement that Stipulates Internal Digital Media Occupations Employer Association Entertainment Sector Exotic Dancers Foreign Government International Graduates Live-in Caregivers Live-in Caregivers - Already in Canada Live-in Caregivers in Emergency Situations Live-in Caregivers - Employer Moves Provinces/Territories Owners / Operators Religion Instructors Seasonal Agricultural Workers Specialized Service Technicians/Specialized Service Providers Warranty Work
Description: The position is for an academic and is not covered by any other applicable Labour Market Opinion exemption (e.g., Canada Research Chair Positions, Visiting Professors, Post-Doctoral Fellows, etc.)
Variation: The employer must conduct recruitment efforts as per the policy described in Hiring Foreign Academics in Canada.
Applicability: All Provinces
Description: The position is for a camp counsellor who will be working in Ontario.
Variation: The employer must provide documentation (e.g., letters of offer) showing efforts to hire Canadian campers from the previous year and a commitment in writing. In addition, the employer should commit to pursue spring recruitment campaigns in high schools and post-secondary institutions.
Applicability: Ontario only
Description: Employers who intend to hire a foreign national who has been selected by Quebec as a first step to get permanent residency and who has received a Quebec Selection Certificate (CSQ).
Variation: Employers can be exempted from the recruitment and advertising requirement only if Service Canada determines, during the assessment of the labour market opinion (LMO) application, that the National Occupational Classification (NOC) code used for the job offer and the description of the position is the same as the NOC code found on the CSQ.
Employers will be required to conduct all recruitment efforts, as per the minimum advertising requirements, if Service Canada determines that the NOC code listed on the CSQ is not the same as the one mentioned on the LMO application.
Applicability: Quebec only
Description: The position is part of a collective bargaining agreement that contains provisions for hiring/promoting through internal staffing processes. This pertains to cases where a TFW started employment, as per the original approved LMO and WP, however, through an internal hiring process – stipulated for a collective bargaining unit through a CBA – was promoted to a different occupation. In this case a new LMO and WP would be required since the TFW was hired in a different occupation.
Variation: In this case, internal posting for the position, as per the CBA, will suffice to satisfy minimum advertising requirements. Specifically, the employer must provide the internal posting of the opportunity for promotion. All members of the Collective Bargaining Unit must have had an opportunity to apply for the position.
It is important to note that an internal posting for a position can only be accepted as minimum advertising requirements for workplaces/positions that are covered by a CBA, which stipulates internal recruitment. This does not extend to promotions granted in other scenarios.
Applicability: All Provinces
Description: The position is for one of the following occupations:
- Software Engineers and Designers (NOC 2173)
- Graphic Designers and Illustrators (NOC 5241)
The advertising variation is limited to Digital Entertainment Software Engineer (NOC 2173) and Digital Artist (NOC 5241) positions within the video gaming and digital animation/visual effects industries. These positions require highly-specialized skills and/or unique artistic talents in order to successfully complete projects.
Variation: No advertising or recruitment is required.
Applicability: British Columbia and Ontario
Description: An employer association can be authorized to advertise on behalf of one or more of its members.
Variation: An employer association advertising for positions on behalf of an employer, or a number of employers, must advertise according to the general advertising requirements for NOC 0, A, B, C and D.
In addition, the following documents must be submitted with the employer’s LMO application:
- a signed Appointment of Representative form, specifically authorizing the third-party representative to act on their behalf. Service Canada officers may, at their discretion, contact employers directly to confirm the authorization;
- a report on recruitment efforts, to demonstrate that the position was advertised, and include copies of the advertisements, the number of Canadian or permanent resident applicants, and why the applicants were not hired.
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.
Applicability: All Provinces
Description: 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.).
Variation: No advertising or recruitment is required.
Applicability: All Provinces
Description: The position is for an exotic dancer.
Variation: If the job offer is made to a "headliner" coming for a short period of time, the employer is not required to show proof of recruitment efforts within Canada. However, for all other exotic dancer positions, employers must comply with the recruitment efforts outlined in the following Employer Bulletin.
Applicability: All Provinces
Description: The position is with an international organization or the mission of a foreign government, but is not exempt under Section 186 (work permit not required) or Section 204 (business visitor under GATS or NAFTA) of the Immigration and Refugee Protection Regulations.
Variation: In such cases, the international organization or foreign government will have selected the foreign national according to its own process and in light of its own requirements. No advertising or recruitment is required.
Applicability: All Provinces
Description: The employer wants to hire a foreign worker whose Labour Market Opinion exempt work permit, issued under the PGWPP, will soon expire.
Variation: The employer is making a permanent job offer in a skilled position (i.e. within NOC 0, A and B codes only) to international graduates who have completed the PGWPP. The employer is not required to demonstrate recruitment efforts.
Applicability: All Provinces
Description: The position is for a live-in caregiver under the Live-in Caregiver Program (LCP).
Variation: Employers must comply with the specific recruitment efforts outlined for the LCP.
Applicability: All Provinces
Description: The employer wants to hire a live-in caregiver who is already living in Canada. The caregiver may be unemployed and available for work or may be looking for a job in a new household. The employer must apply to Service Canada for a labour market opinion and the worker must contact CIC to apply for a new work permit or to ensure that changes are reflected in her/his existing work permit.
Variation: The advertising and recruitment requirements are waived.
Applicability: All Provinces
For further information on the Live-in Cargiver Program...Description: Live-in caregivers who are victims of abuse by their employer or someone in the employer’s home may be eligible for emergency processing of the new employer’s LMO and the LCP work permit application to facilitate the fastest possible transition to a new employer.
Abusive situations, for the purpose of use of the LCP emergency processing would include physical violence such as any intentional physical contact that causes injury, for example assault or sexual assault and psychological abuse such as threats or intimidation. To be eligible for emergency processing, a live-in caregiver must present documentation from emergency professionals (i.e. doctor, medical professional, police officer, shelter worker, psychiatrist, psychologist, social worker) indicating abuse.
Variation: The advertising and recruitment requirement is waived.
Applicability: All Provinces
Description: The employer of a live-in caregiver moves their household to a new province/territory and wishes to retain his/her current live-in caregiver. The employer will still have to apply to Service Canada for a new labour market opinion to reflect the change in wages (when applicable) and in location of employment. The worker will have to contact CIC to ensure that the changes are reflected in his/her work permit.
Variation:The advertising and recruitment requirement is waived.
Applicability: All Provinces
Description: The owner/operator must demonstrate that he is integral to the day-to-day operation of the business and will be actively involved in business processes/service delivery in Canada. In such instances, greater consideration should be given to demonstration by the applicant (owner/operator) 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.
Variation: No advertising or recruitment is required.
Applicability: All Provinces
Description: The position is for an instructor in a faith-based independent school (NOC 4217 - Other Religious Occupations). This variation only applies to situations where the provincial Ministry of Education delegates to the independent school the ability to establish the qualifications of their instructors based on religion.
Variation: Employers must advertise on the national Job Bank (or provincial equivalent), or conduct similar recruitment activities consistent with the occupation (e.g. advertising in church publications) three months prior to applying for an LMO.
Applicability: All Provinces
Description: The position is for a seasonal agricultural worker who will be working in Quebec under the Seasonal Agricultural Worker Program (SAWP).
Variation: Employers must conduct their recruitment efforts as described under Hiring Temporary Foreign Workers in Quebec.
Applicability: Quebec only
Descriptions: When the work requires a specialist having proprietary knowledge and/or experience related to the work to be performed - 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):
a) 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).
b) 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.
c) 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.
Variation: No advertising or recruitment is required.
Applicability: All Provinces
Description: When the work entails installation, inspection or repair of equipment, and the terms of the warranty require the work to be done by skilled workers designated by the manufacturer.
Variation: No advertising or recruitment is required.
Applicability: All Provinces
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