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Temporary Foreign Worker Program

Labour Market Opinion Assessment Criteria

You will find below, a description of the factors that Human Resources and Skills Development Canada (HRSDC)/Service Canada takes into consideration when assessing an application for a Labour Market Opinion (LMO) to hire a temporary foreign worker. It is important that you read the following pages that describe the conditions you must meet in order to receive a positive or neutral LMO. Applications that are filled incorrectly will delay processing times.

When assessing a job offer, HRSDC/Service Canada considers primarily:

the occupation that the foreign worker will be employed in;
the wages and working conditions offered;
the employer's advertisement and recruitment efforts;
the labour market benefits related to the entry of the foreign worker;
the consultations, if any, with the appropriate union; and
whether the entry of the foreign worker is likely to affect the settlement of a labour dispute.

Citizenship and Immigration Canada (CIC) may also have additional criteria when issuing work permits to foreign workers in regulated occupations.

A LMO may be revoked prior to the issuance of a work permit under the following circumstances:

The application included false or misleading information; or
New facts come to light subsequent to the date of the issuance of the LMO, that would have affected the assessment of the application and that, in turn, change the opinion that the employment of the foreign national would likely have a neutral or positive effect on the labour market in Canada; or
The opinion was based on a mistake as to some material fact.

The revocation of a LMO decision is based on reliable documented evidence that confirms that the new information or altered circumstances would have had an impact on the assessment of the factors listed under section 203 of the Immigration and Refugee Protection Regulations.

When a positive LMO decision is replaced with a negative decision, employers have to submit a new LMO application before they can hire temporary foreign workers.

Occupation

HRSDC/Service Canada and CIC use the National Occupational Classification (NOC) system to categorize the job you are filling based on the majority of duties you expect the foreign worker to perform. HRSDC/Service Canada also uses the NOC occupation to identify wages and labour market trends when assessing your job offer.

The NOC system can help you more accurately describe the duties and identify the occupation that the foreign worker will be expected to perform, noting that HRSDC/Service Canada officers will work with you if the NOC does not precisely reflect your employment needs.

Find a detailed NOC job description.
Learn more about the NOC in general.

Wages and Working Conditions

HRSDC/Service Canada reviews the wages that you are offering to the foreign worker, and compares them to wages paid to Canadians in the same occupation based on labour market information from Statistics Canada, HRSDC/Service Canada, provincial ministries, and other reliable sources.

The wage rate for all skill levels (0, A, B, C, D) must be consistent with the wages being paid to Canadians working in the same occupation and geographical area. The same applies for the wage range identified in the advertisement which must also include reference to benefits packages being offered. The wage range must always include the prevailing wage for the position. For purposes of the Temporary Foreign Worker Program, the prevailing wage is identified as the average hourly wage for the requested occupation in the specified geographical area.

For a unionized position, the wage rate must be consistent with the wage rate established under the collective bargaining agreement.

These requirements apply to the regular LMO process and the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D). If you want to offer the collective agreement wage, you must apply under the regular LMO process.

In addition, benefits provided to Canadian workers or permanent residents must be extended to temporary foreign workers. In order to address unique circumstances, HRSDC/Service Canada maintains the discretion to set the prevailing wage rate that an employer must offer, whether or not the position is covered by a collective agreement.

You are also expected to offer working conditions that are consistent with federal and/or provincial standards for the occupation and workplace.

Minimum Advertising Requirements

On January 1, 2009, the occupations under pressure list initiative was replaced by new national advertising requirements.

All occupations based on the National Occupational Classification (NOC) system, skills levels 0, A, B, C and D are subject to the same minimum advertisement requirements. Failure to comply with the requirements outlined below will result in the application for a Labour Market Opinion (LMO) being denied.

As employers seeking to hire temporary foreign workers, you must be prepared to demonstrate that you meet the minimum advertising requirements by providing proof of advertisement and the results of your efforts to recruit Canadians or permanent residents. This proof include copies of advertisements, number of Canadian applicants and why they were rejected, as part of the LMO process. Records of your efforts should be kept for a minimum of 2 years, in the event that a Service Canada Officer contacts you to verify your advertising efforts.

All employers are encouraged to conduct ongoing recruitment efforts, including among under represented groups that face barriers to employment (e.g., Aboriginal peoples, older workers, immigrants/newcomers, persons with disabilities and youth). The advertisement could be on recognized Internet job sites, in local and regional newspapers, at community resource centres and in local regional employment centres.

The advertisement criteria vary slightly in the province of Quebec. For further information, consult Hiring Temporary Foreign Workers in Quebec.

NOC 0 and A Occupations

You will have conducted the minimum advertising efforts required if you:

Conduct recruitment activities consistent with the practice within the occupation (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or by consulting unions or professional associations); or
Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of fourteen (14) calendar days, during the three (3) months prior to applying for a LMO.

NOC B Occupations

You will have conducted the minimum advertising efforts required if you:

Conduct recruitment activities consistent with the practice within the occupation for a minimum of fourteen (14) days (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or by consulting unions or professional associations); and
Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of fourteen (14) calendar days during the three (3) months prior to applying for a LMO.

The advertisement must include:

the company operating name;
job duties (for each position, if advertising for more than one vacancy);
wage range (i.e. an accurate range of wages being offered to Canadians and permanent residents). The wage range must always include the prevailing wage for the position – see “wage rate”;
the location of work (local area, city, or town); and
the nature of the position (i.e. project based, or permanent position).

NOC C and D Occupations (including seasonal agricultural workers)

You will have conducted the minimum advertising efforts required if you:

Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of 14 days during the three (3) months prior to applying for a LMO; and
Conduct recruitment activities consistent with the practice in the occupation. Advertisement must be for a minimum of 14 days, choosing one or more of the following options:
- advertisements in weekly or periodic newspapers, journals, newsletters, national/regional newspapers, ethnic newspapers/newsletters or free local newspapers;
- advertise in the community, e.g., posting ads for two to three weeks in local stores, community resource centres, churches, or local regional employment centres;
- advertise on Internet sites e.g., posting during 14 days/two weeks on recognized Internet job sites (union, community resource centres or ethnic sites).

The advertisement must include:

the company operating name;
job duties (for each position, if advertising for more than one vacancy);
wage range (i.e. an accurate range of wages being offered to Canadians and permanent residents). The wage range must always include the prevailing wage for the position – see “wage rate”;
the location of work (local area, city, or town); and
the nature of the position (i.e. project based, or permanent position).

Wage Rate

The following applies to all NOC B, C and D advertising conducted in support of applications for Labour Market Opinions:

The wage range identified in the advertisement must represent an accurate range of wages being offered to Canadians and permanent residents, working in the same occupation and geographical area. The wage range must always include the prevailing wage for the position.
The prevailing wage is identified as the average hourly wage for the requested occupation in the specified geographical area.
For a unionized position, the wage rate must be consistent with the wage rate established under the collective bargaining agreement.
All benefits provided to Canadian workers or permanent residents must be extended to temporary foreign workers.

In order to address unique circumstances, HRSDC/Service Canada maintains the discretion to set the prevailing wage rate that an employer must offer, whether or not the position is covered by a collective agreement.

Variations to the Minimum Advertising Requirements

Variations to the minimum advertising requirements may apply in certain cases.

HRSDC/Service Canada reserves the right to require alternative or additional recruitment efforts (i.e., increased duration [length of time] or broader advertisement [whether local, regional, or national]) if it believes that additional efforts would yield qualified Canadian citizens or permanent residents who are available to work in the occupation and region.

For all occupations, or for additional information on minimum advertising requirements, contact your Service Canada Centre.

To hire foreign workers for skill levels 0, A and B...
To hire foreign workers for skill levels C and D...
To hire seasonal agricultural workers...
To hire live-in caregivers...

Union Consultation

If the position being filled by the foreign worker is part of a bargaining unit, the following information will support a positive or neutral Labour Market Opinion and will reduce delays in the recruitment of the foreign worker:

An explanation of the union's position on hiring a foreign worker for your job. If you have not contacted the union, explain why you have not done so.
An indication of whether you actively work with union officials to identify unemployed Canadians.
Confirmation that the conditions of the collective agreement (e.g. wages, working conditions) will apply to the foreign worker.

HRSDC/Service Canada may contact the union for additional information when reviewing your application.

Labour Disputes

If you are making an offer to a foreign worker for a position that affects current or foreseeable labour disputes at your workplace, or affects the employment of any Canadian worker involved in such disputes, HRSDC/Service Canada and CIC will not confirm the hiring, or issue a work permit to the foreign worker.

Regulated Occupations

CIC will not issue a work permit if the foreign worker does not meet certification and licensing requirements for regulated occupations in Canada (e.g. doctors, engineers, tradespersons). Making the necessary arrangements with the regulatory body for certification and licensing is the employer's and foreign worker's responsibility.

To learn more about regulated occupations or the requirements to work in specific regulated occupations in Canada and supports for employers on human resources planning and recruitment...

To learn about occupations that do not require a LMO or have special assessment criteria...