New LMIA Advertising Requirements

Employment and Social Development Canada (ESDC) has modified the advertising requirements needed to demonstrate a satisfactory recruiting effort for Labour Market Impact Assessment (LMIA) applications. Newly added requirements are the inclusion of the language needed to do the work and the inclusion of incremental raises, performance pay or bonuses in the wages offered for the position.

The 2014 overhaul of the Temporary Foreign Worker Program made the use of languages other than English or French (i.e., the official languages of Canada) more restrictive. Those changes demanded a detailed rationale for the need of other languages in a position. The current modification to the advertising requirements seems to demand explicit mention of language requirements even when Canada's official languages are mandated.

Wage has always been a fundamental part of the LMIA process, both to ensure that qualified Canadians are attracted to the position and that the wages offered are consistent with the prevailing conditions for the occupation in the region in which the work will take place. The necessity of performance pay and bonuses would further serve to ensure that the position is sufficiently attractive to Canadians; for example in the case that the wage is standard but the availability of such would serve to attract a higher calibre of candidate. This and the necessity of inclusion of incremental raises would both seem to be geared towards later assessment during compliance reviews.

Posted in Labour Market Impact Assessment, Temporary Work Permits on Jan 18, 2017