Variations to Advertising Requirements LMIA
Variations to Minimum Advertising Requirements (LMIA)
Many immigrants want to have a job in Canada. They are looking for an employer in Canada, choose a suitable immigration program, get a work permit and immigrate. This simplifies the immigration process. Since you come to Canada and immediately go to work, without any searching. But the government is giving priority to hiring local Canadians over specialists from overseas. Therefore, a Canadian employer will need a Labour Market Impact Assessment (LMIA) to employ a foreigner. There are situations when there is no way to hire a Canadian. For example, there is a small town with few specialists, or an employee of similar qualifications cannot be found in Canada. And here, too, employers will need an LMIA to hire a foreigner. The LMIA is the conclusion of the Employment and Social Development Canada (ESDC) that a Canadian employer is allowed to hire a specialist from overseas. However, the hiring party must provide evidence that there are no better candidates for the position than a human being from overseas. As evidence, the employers must advertise the vacancies and use the appropriate means of communication with potential employees proving to the officials that they have done a full search among the residents of Canada. However, companies who want to employ international workers from particular groups may have different advertising regulations. This article is going to discuss the details and requirements of job advertising among different fields and occupations.
The first group is academics and potential workers who obtained at least one postgraduate degree and whose income mostly come from teaching, tutoring and researching. The representatives of an academic field require a work permit but some people with outstanding resumes (e.g. academic leaders or awards holders) do not require LMIA as well as the citizens of some countries that hold an agreement with Canada (e.g. the citizens of Mexico, Chile or the USA). If a Canadian party wants to hire a foreign researcher or a teacher, then it should strictly follow the rules at Hiring Foreign Academics in Canada article issued by the officials. Besides, before agreeing with the foreigner, the employer must post job openings on all the possible means of communication to reach the maximum audience (various sources that can be used are jobs bank, social networks, print, etc.). The advertisement should be posted for a fair amount of time (approximately one month) and it should state that everyone with the appropriate experience and education level is free to apply but the Canadians and permanent residents are given priority in getting a job. The hiring party should be prepared to write an annual summary report on Canadian academic recruiting procedures and outcomes as well as summaries on the candidates who were approved for the position by a senior academic authority. The requirements for jobs in academics mentioned above apply to all the provinces of Canada.
Some faith-based schools hire religious instructors independently due to the decision of the Ministry of Education. Three months before applying for an LMIA, employers must advertise on the national Job Bank (or provincial equivalent) or perform comparable recruiting efforts consistent with the occupation (e.g., advertising in church publications).
There are regulations for another group of employees that apply throughout Canada, the individuals who work in Canada under Collective Bargaining Agreements (CBA). Their job is covered by a collective bargaining agreement that includes provisions for internal hiring and promotion. This refers to situations in which a temporary foreign worker started working following the initial granted LMIA and work permit, but was promoted to a new occupation through an internal hiring procedure outlined in a Collective Bargaining Agreement (CBA) for a collective bargaining unit. These people have already had LMIA but require a new LMIA and a work visa because the foreign employee was employed in a different occupation. Internal posting for the position, as required by the CBA, will serve to meet the minimal advertising standards in this situation. The company must specifically provide an internal posting of the promotion opportunity. The post must have been advertised to all members of the Collective Bargaining Unit.
It's worth noting that an internal job posting can only be considered as a minimum advertising requirement for workplaces/positions covered by a CBA that requires internal recruiting. This does not apply to promotions given in other circumstances.
The basic advertising criteria for National Occupational Classification (NOC) 0, A, B, C, and D must be followed by an employer association advertising for employment on behalf of an employer or a group of businesses. The association is a business owner organization that negotiates with trade unions and the government. So, if it is advertising for numerous jobs for the same employer or different businesses, it must make sure that the salary range for each position and location is included in the marketing of a vacancy. The prevailing salary for the position must always be included in the wage range. The hiring party’s LMIA application must be sent together with a signed Appointment of Representative document that makes sure that an employer is represented by the third party and a report on recruiting efforts with detailed information on local applicants and an explanation of why the candidate was hired for the vacant position. The copies of vacancy advertisements must also be submitted.
Some business sectors receive special attention from the officials and demand particular requirements for advertising the vacancies. Primary agriculture is the bright case where employers hire individuals under a Temporary Foreign Worker Program (TFWP) for both high-wage and low-wage job positions. Besides the basic requirements for job advertising such as an ad on Job Bank, a hiring party must also guarantee that the advertisement will be displayed for at least 14 calendar days beginning on the first day the ad appears and is available to the general public as well as it must be posted for 3 months before applying to an LMIA. Companies must also undertake recruiting operations for a minimum of 14 calendar days in accordance with industry standards and use various methods to satisfy this requirement by using local or ethnic means of communication. The description of a job position must include all of the detailed information about a business, the working conditions and required skills and education. Any employment advertising submitted on behalf of the company can be handled by third-party agents or recruiters. The advertising, on the other hand, must be listed under the employer's Canada Revenue Agency business number.
There are several requirements of job advertising for those who employ people under the Temporary Foreign Workers Program. The individuals who hire foreigners for provision care in-home (e.g. home nurses or nannies) must follow the rules for high-paid and low-paid occupations. The ads with a vacancy may not provide personal information such as a home address for this group of people but must identify the location and description of a job. Seasonal work in Canada is also a chance to get good work experience and, for instance, the employers of the seasonal agricultural workers' program (SAWP) do not need to re-advertise job positions if there is already a positive LMIA. However, for SAWP in Quebec, the employer must follow the regulations of local officials about hiring temporary foreign workers.
Some regulations on vacancies advertisements apply only to specific regions. In Ontario, the business must submit proof (such as letters of an offer) demonstrating prior year's attempts to hire Canadian camp counsellors, as well as a written promise. Furthermore, the business should make a commitment to conduct spring recruiting efforts in high schools and post-secondary colleges.
Individuals who hold a valid Quebec Certification of Selection (CSQ) can work in Quebec without a Labor Market Position Assessment (LMIA). These workers can apply for an extension of their work permit in Quebec. Companies there can be excused from the recruiting and advertising requirements if Service Canada decides during the LMIA review that the NOC code of the potential position and the job details matches the code on the CSQ.
In some cases, there are no specific requirements for jobs advertising. Usually, these kinds of occupations are in demand for a particular period. People in the entertainment industry are frequently hired for limited days and on short notice. This rule is applicable on the full territory of the country, thus the artists or performers can work in Canada without limitations. The same rule applies when a foreign government, an international organization or an embassy of another country is hiring the employees according to their own rules. Just as people in the entertainment sector, the specialized technicians or service providers do not require any advertising. If service is necessary for equipment made outside Canada and demands the representatives of the original equipment manufacturer (OEM) or if a human being responsible for the equipment is not available or needs some consultation from a foreign master then employers do not need to post the ads. In addition, no advertising is necessary when the job includes equipment installation, inspection, or repair, and the warranty stipulates that the work be performed by skilled employees designated by the manufacturer.
The variations in advertising mentioned above may vary depending on each case and location of the business.
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