High-Wage LMIA Recruitment Essentials

published On - 09 May 2024

published By - R&R Law LLP

Minimum Recruitment Requirements

Before applying for a Labour Market Impact Assessment (LMIA) under the TFWP, employers must conduct a minimum of three different recruitment activities. These activities are designed to prioritize hiring Canadians and permanent residents before offering positions to temporary foreign workers.

Effective August 28, 2017, one of these recruitment activities must include advertising on the Government of Canada’s Job Bank. However, employers can choose alternative methods, provided they submit a written rationale explaining the alternative's effectiveness.

Additionally, at least two more recruitment methods must be conducted, targeting audiences with the appropriate education, experience, or skill level for the position. One of these methods should have national scope, accessible to residents across Canada.

Job Match Service

Employers are required to use the Job Match service when advertising on Job Bank. This service matches job seekers' profiles with the job posting's requirements, rating compatibility on a star system. Employers must invite job seekers rated four stars or more within the first 30 days of the advertisement.

Acceptable Methods of Recruitment

Employers have several options for recruitment, including general employment websites, online classifieds, specialized industry websites, newspapers, job fairs, professional recruitment agencies, and more. Each method must offer unique value and reach different audiences.

Recruitment Documentation Retention

Records of recruitment efforts and advertising must be kept for at least six years, and employers must provide results from these efforts when requested.

Job Advertisement Information

Advertisements must include essential information about the position, such as company details, job title, duties, employment terms, wage, benefits, location, contact information, and skills requirements.

Proof of Advertisement

Employers must provide proof of advertisement with their LMIA application, including copies of advertisements, information on where and when the position was advertised, proof of targeted audience, and proof of other recruitment activities.