How Canadian Employers Hire Foreign Workers | Advertising requirements

Working in Canada as a skilled worker generally requires a Canadian work permit. A Canadian employer hiring a foreign worker for a specific position might have to advertise that opening first as part of the hiring process.

There are specific advertising requirements that must be met for Canadian employers that intend hiring skilled foreign workers. Advertising for the post might be needed in situations that require a Labour Market Impact Assessment (LMIA).

To meet the advertising requirements, employers in Canada must advertise all job vacancies across the Canadian labour market for a minimum of four weeks before applying for an LMIA.

What is an LMIA for Canada?

Here, by LMIA is implied the Labour Market Impact Assessment, a document that an employer in Canada might have to get - from Employment and Social Development Canada (ESDC) - before they can hire a foreign worker.

Employers of certain types of temporary workers will have to get an LMIA before the worker can apply for a work permit for Canada. If an LMIA is needed, the Canadian employer would have to get the same.

A positive LMIA gives the permission to hire a temporary worker by showing that -

• No Canadian is there to do the job, and
• A foreign worker is wanted to fill the vacancy.

Whether or not an LMIA is required can be determined by the employer through reviewing the LMIA exemption codes and work permit exemptions.

Once the LMIA is secured by the Canadian employer, the foreign worker can then proceed to applying for a Canadian work permit.

Applying for a work permit for Canada requires -

• An employment contract,
• A job offer,
• The LMIA number, and
• A copy of the LMIA.

Where do Canada employers advertise job postings?

If an LMIA is needed, the Canadian employer must be able to prove that they had used at least three different recruitment methods.

Job Bank is the national employment service of Canada, delivered by Employment and Social Development Canada (ESDC) on behalf of the Canada Employment Insurance Commission under a collaboration with the provincial and territorial (PT) governments in Canada.

In situations wherein both the additional methods of recruitment are online, each of them must be targeted at a different audience. Proof of advertisement before filing for LMIA will be required. ESDC suggests that employers maintain records of advertising requirements for a minimum of six years as proof of recruitment efforts might be asked for.

There are variations in the advertising requirements for specific jobs in Canada. These variations can be applicable in particular provinces or territories. The advertising process can be completely skipped under the Global Talent Stream (GTS), a pathway for employers in the tech sectors, with a two-week standard processing time.

No LMIA is required for hiring a temporary worker through Canada’s International Mobility Program. Hiring a temporary worker through the Temporary Foreign Worker Program (TFWP) will generally require a positive LMIA.

An understanding as to how Canadian employers hire foreign workers and their advertising requirements make it easier for skilled workers to plan their work overseas in Canada.