Hiring Temporary Foreign Workers in Quebec

Employing temporary foreign workers (TFW) 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 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 In-home 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 TFWs. These provisions include employers not being required to apply for a LMIA from ESDC/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, 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 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.

Transition Plans

Transition Plans are required for all high-wage LMIA applications, however, under the Facilitated Process, a Transition Plan is only required on the second LMIA application for the same occupation.

Wage Rate

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

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

How to apply

To hire a TFW under the facilitated LMIA process, 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 Process for High-wage and Low-wage Positions

Employers offering a wage to a temporary foreign worker (TFW) that is:

  • below the provincial/territorial median hourly wage will need to meet the requirements of the Stream for Low-wage Positions;
  • at or above the provincial/territorial median hourly wage will be required to meet the requirements of the Stream for High-wage Positions.

Employers must review the information contained under the Requirements and Recruitment and Advertisement Tabs for the appropriate stream based on the position for which they are hiring TFWs.

Wage Rate

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

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

How to Apply

In almost all cases, TFWs 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:

    Note: Employers who apply for an LMIA to hire TFWs in low-wage positions are strongly encouraged to submit their application to Service Canada and obtain confirmation that it will be accepted for processing, before proceeding to submit the application to the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI). This will avoid employers unnecessarily paying processing fees to MIDI on applications which Service Canada will not process.

  2. Submit to the ministère de l'Immigration, de la Diversité et de l'Inclusion (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 assessment 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.