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Hiring Foreign Workers in Canada

Hiring a foreign worker temporarily or supporting the immigration of a skilled worker to Canada may help you meet short-term skill and labour needs when Canadians and permanent residents are not available.

Hiring Foreign Workers

Human Resources and Skills Development Canada (HRSDC)/Service Canada and Citizenship and Immigration Canada (CIC) work together to ensure that the employment of foreign workers responds to regional, occupational and sectoral skills and labour demands, while protecting employment opportunities for Canadians and permanent residents.

Foreign workers, including temporary foreign workers, have the same rights and protections as all Canadian workers.

How to Hire a Foreign Worker for a Temporary Period

An employer who wants to hire a foreign worker must first apply to HRSDC/Service Canada for a Labour Market Opinion (LMO). This opinion assesses what impact the worker would have on Canada’s labour market or, in other words, how the offer of employment would affect Canadian jobs.

Once a positive LMO is issued, the foreign worker must be assessed by CIC; and a work permit must be issued before the worker is allowed to work and reside in Canada. In the provinces of Quebec and Manitoba, employers must also obtain a separate certificate issued by the province.

Assessment Criteria

In assessing offers of temporary employment (LMO), HRSDC/Service Canada considers primarily the following criteria:

the wages and working conditions;
efforts to advertise and recruit Canadians or permanent residents;
the benefits to the labour market; and
how the entry of the foreign worker would affect a labour dispute.

In some cases, special exemptions apply. For example, employers who want to hire workers in some occupations do not require an LMO. Under other circumstances, workers do not need a work permit from CIC.

Supporting the Immigration of Skilled Workers to Canada

There are primarily three processes by which employers wishing to hire skilled workers can support their immigration to Canada.

The employer applies for an LMO. The skilled worker obtains a permit to work temporarily in Canada, and applies to CIC to become a permanent resident.
The employer makes a job offer, but the skilled worker waits to obtain permanent residence before beginning to work in Canada (Arranged Employment Opinion).
A province or territory can nominate workers to participate in the Provincial Nominee Program which allows them to immigrate to Canada. In Quebec, the provincial government establishes its own immigration requirements and selects immigrants. Workers must first apply to the Quebec government for a certificate of selection (Certificat de sélection du Québec). For further information.

Monitoring Initiative for Employers

Employers who hire temporary foreign workers may voluntarily participate in a Monitoring Initiative designed to strengthen the integrity of the Temporary Foreign Worker Program. Participation will help employers gain a better understanding of their responsibilities. It will also demonstrate good-standing with the program, which may be considered in the assessment of future LMO applications. For further information, contact your Service Canada Centre.