Hiring Temporary Foreign Workers in Quebec

Employing temporary foreign workers can be an essential part of a company's business strategy. Foreign workers can fill labour shortages in Canada and bring new skills and knowledge to help the country's economy grow.

Note:

The ministère de l'Immigration, de la Diversité et de l'Inclusion (MIDI) requires that all labour market impact assessment (LMIA) applications for positions located in Quebec be submitted in French, except applications under the Live-in Caregiver Program.

Employment and Social Development Canada (ESDC) will work with employers to help minimize the impact of this change. If employers have any questions about this new requirement by MIDI, they can contact the Service Canada Employer Services Hotline in Quebec at 1-866-840-0222 (toll-free) or 1-438-892-0299 for calls from outside Canada.

Exemption from Labour Market Impact Assessment Process

The ministère de l'Immigration, de la Diversité et de l'Inclusion (MIDI) in Quebec implemented provisions to simplify the hiring of temporary foreign workers (TFW). These provisions include employers not being required to apply for a labour market impact assessment (LMIA) from Employment and Social Development Canada /Service Canada, if they are hiring a TFW who:

  • has a valid work permit;
  • holds a skilled worker Certificate of Selection in Quebec (CSQ);
  • resides in the province of Quebec;
  • has applied for permanent residency under the Quebec Skilled Worker class.

The TFW must also fall under one of the following categories:

  • is seeking to extend the work permit for their current employer;
  • is seeking to renew the work authorization with a new employer in Quebec;
  • is a foreign student who has obtained a post-graduation work permit and has a job offer in the province of Quebec;
  • is a work permit holder through participation in a program under the initiative International Experience Canada (IEC) and:
    • is seeking to extend the work authorization for the current employer or
    • renew it for a new employer in Quebec.

For more information on LMIA exemptions, consult the operational bulletin issued by Citizenship and Immigration Canada (CIC).

Under the Immigration and Refugee Protection Act, there may be additional situations where employers may not require an LMIA and / or the TFW is not required to apply for a work permit from CIC. For more information on occupations that are exempted from an LMIA or a work permit.

Employers wishing to hire TFWs that do not meet these criteria, must apply for an LMIA and follow the regular LMIA process for hiring TFWs in Quebec.


Facilitated Labour Market Impact Assessment Process

ESDC and MIDI, signed an agreement to enable employers to apply for an LMIA, to fill selected positions without having to include proof of recruitment efforts. The agreement came into effect on and includes a list of specialized occupations, which is updated annually.

Target Occupations

The facilitated LMIA assessment process includes professions in high demand, and in industry sectors experiencing labour shortages in Quebec. The list of occupations (French only), developed and updated by MIDI and Emploi-Québec, contains higher-skilled occupations classified under the National Occupational Classification (NOC) skill type 0 (management), and skill levels A (professional) and B (technical).

Minimum Advertising Requirements

Employers applying under the facilitated LMIA assessment process are no longer required to provide proof of recruitment efforts. However, they should continue to make best efforts to recruit Canadian citizens or permanent residents prior to making a job offer to a foreign national.

Except for the minimum advertising requirements, employers seeking to hire a TFW must still follow all of the other steps of the regular LMIA application process, and meet all the requirements of the Temporary Foreign Worker Program (TFWP).

If the job offered to the TFW falls outside the list of occupations, the LMIA application will be assessed under the regular process, which means that the employer will be required to advertise the position for a minimum of 28 days, as per the TFWP minimum advertising requirements

Wage Rate

The wages offered to all TFWs must be consistent with the wage rate paid to Canadian citizens and permanent residents, working in the same occupation and geographical area.

For more information about wage rates, visit MIDI (available in French only).

Positions Covered by a Collective Agreement

Employers, seeking to hire a TFW for a position that is covered under a collective agreement, must agree to pay the rate established by the collective agreement. In addition, if the employer offers benefits to Canadian or permanent resident workers, these benefits must be extended to the TFWs.

For information regarding MIDI’s requirements under the facilitated LMIA process, refer to MIDI’s Web site.

How to apply

To hire a TFW under the facilitated LMIA process, as of , employers must follow these steps:

  1. Complete, sign (where applicable) and submit the following documents:
  2. Submit to MIDI a copy of the LMIA Application form that was sent to ESDC/Service Canada, and submit the following documents:

For more information, contact MIDI (available in French only)

Next Steps

Once ESDC and MIDI have issued a positive LMIA, the employer must:


Regular Labour Market Impact Assessment Assessment Process

How to Apply

In almost all cases, temporary foreign workers must have a valid work permit to work in Canada. When hiring a foreign worker to work in Quebec, you as an employer must generally:

  1. Complete, sign (where applicable) and submit the following documents:
  2. Submit to the Ministère de l'Immigration et des Communautés culturelles (MIDI) a copy of the LMIA application sent to ESDC/Service Canada in addition to the supporting documents:
  3. Once ESDC and MIDI have approved your job offer, send a copy of the joint ESDC/MIDI confirmation letter and the Quebec Acceptance Certificate to the foreign worker.
  4. Tell the foreign worker to apply for a work permit from Citizenship and Immigration Canada (CIC).

Next, CIC will evaluate the foreign worker's application and decide whether a work permit will be issued according to the requirements that apply to workers and temporary residents in Canada.

An LMIA 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 opinion 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 is based on a mistake as to some material fact.

The revocation of an LMIA 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 six factors listed under section 203(3) of the Immigration and Refugee Protection Regulations.

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

Variations to the Minimum Advertising Requirements

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

ESDC/Service Canada reserves the right to require alternative or additional recruitment efforts (e.g. 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.

Advertisement

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 an LMIA being denied.

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.

Note:

The new advertising requirements do not apply to: the Live-in Caregiver Program; positions related to on-farm primary agriculture (specifically under NOC codes 8251, 8252, 8253, 8254, 8256, 8431, 8432 and 8611); the Seasonal Agricultural Worker Program; or the Agriculture Stream.

NOC 0, A and B Occupations

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

  1. Advertise on the Emploi Quebec's Online Placement;
    • The advertisement must be posted for a minimum of 4 weeks starting from the first day the ad appears and is accessible to the general public
    • The advertisement must remain posted to actively seek qualified Canadians and permanent residents until the date a labour market impact assessment is issued.

  2. Using 2 or more additional methods of recruitment consistent with the normal practice for the occupation.
    • as a minimum, employers must choose one method that is national in scope, since people in higher-skilled positions are often mobile and willing to re-locate for work; and
    • employers can choose one or more recruitment methods among these:
      • print media (national or provincial/territorial newspapers, national journals, magazines with national coverage, specialized journals, professional associations magazines, newsletters, etc.);
      • general employment websites (canadastop100.com, vault.com, workopolis.com, monster.ca, etc.); and,
      • specialized websites dedicated to specific occupation profiles (e.g. accounting, marketing, biotechnology, education, engineering, etc.)
    • The advertisement must be posted for a minimum of 4 weeks starting from the first day the ad appears and is accessible to the general public.

Note:

Employers must demonstrate that the print media and websites used to advertise, target an audience that has the appropriate education, professional experience and/or skill level required for the occupation.

The advertisement must include the:

  • Company operating name
  • Business address
  • Title of position
  • Job duties (for each position, if advertising more than one vacancy)
  • Terms of employment (e.g. project based, permanent position)
  • Wage (refer to Wages, Working Conditions and Occupations tab to determine the established rate for the specific occupation and geographic area)
  • Benefits package being offered (if applicable)
  • Location of work (local area, city or town)
  • Contact information: telephone number, cell phone number, email address, fax number, or mailing address; and
  • Skills requirements:
    • Education
    • Work experience

Note:

  • Employers recruiting higher-skilled workers, in areas where the use of the Placement en ligne Emploi Quebec is not considered an effective method of recruitment, must provide a written explanation of the alternative method used with their LMIA application
  • Third-party representatives or recruiters can be the main contact for any job advertisements posted on behalf of the employer. However, the ad must be listed under the employer's Canada Revenue Agency business number

Other methods of recruitment could include:

  • participation at job fairs;
  • partnering with training institutions or offering internships ;
  • Use of professional recruitment agencies;
  • Consultations with unions for available labour;
  • Advertising through professional associations; or
  • Recruitment within the company (e.g. considering internal candidates for the position).
    • A Human Resources Plan may outline:
      • the training opportunities for existing employees;
      • include a list of competencies for employees;
      • workshops and/or programs for professional development and career management; or
      • specific programs to target specific employees for advancement.

Note:

Employers must continue to advertise the available position and actively seek qualified Canadians and permanent residents until the date they receive notification that a labour market impact assessment has been issued

NOC C and D Occupations

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

  1. Advertise on the Emploi Quebec's Online Placement;
    • The advertisement must be posted for a minimum of 4 weeks starting from the first day the ad appears and is accessible to the general public.
    • The advertisement must remain posted to actively seek qualified Canadians and permanent residents until the date a labour market impact assessment is issued.
  2. Using 2 or more additional methods of recruitment consistent with the normal practice for the occupation.
    • employers can choose 1 or more recruitment methods among these:
      • print media (local newspapers, job boards, youth magazines etc.); and
      • general employment websites (jobboom.com, workopolis.com, monster.ca, etc.).
    • The advertisement must be posted for a minimum of 4 weeks starting from the first day the ad appears and is accessible to the general public.
  3. Targeting underrepresented groups
    • Employer can:
      • try to recruit workers from local or provincial/territorial employment centres, service centres for Aboriginal youth, new immigrants and people with disabilities;
      • offer bursaries to attract students or youth, pursue online recruitment strategies, or undertake ongoing advertising and interviews in order to maintain a pre-screened applicant pool.

The advertisement must include the:

  • Company operating name
  • Business address
  • Title of position
  • Job duties (for each position, if advertising more than one vacancy)
  • Terms of employment (e.g. project based, permanent position)
  • Wage
  • Benefits package being offered (if applicable)
  • Location of work (local area, city or town)
  • Contact information: telephone number, cell phone number, email address, fax number, or mailing address;
  • Skills requirements:
    • Education
    • Work experience

Note:

Third-party representatives or recruiters can be the main contact for any job advertisements posted on behalf of the employer. However, the ad must be listed under the employer's Canada Revenue Agency Business Number.

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

Wage Rate

The wages offered to all TFWs must be consistent with the wage rate paid to Canadian citizens and permanent residents, working in the same occupation and geographical area.

For more information about wage rates, visit MIDI (available in French only).

Note:

Employers hiring foreign agricultural workers must consult the specific wages (available in French only) for this sector set by MIDI.

Position Covered by a Collective Agreement

If employers are seeking to hire a TFW for a position that is covered under a collective agreement, they must agree to pay the rate established by the collective agreement. In addition, if they offer benefits to Canadian workers or permanent residents, these benefits must be extended to temporary foreign workers.

MIDI Web site

Learn more about hiring TFWs in Quebec in MIDI's Web site