Proof of advertisement
You must demonstrate that you have made efforts to recruit qualified Canadians and permanent residents by providing these documents as proof of advertisement with your application:
Variations to the advertising requirements
In certain circumstances, there are variations to the advertising requirements for specific positions and in particular provinces or territories. Consult the variations list to determine if one of them applies to the requested position.
Applications for a foreign in-home caregiver position, where there is a live-in requirement, will not be processed unless you can demonstrate that the position is for high medical needs clients or for truly exceptional circumstances.
Wages offered to temporary foreign workers should be similar to wages paid to Canadian and permanent resident employees hired for the same job and work location, and with similar skills and years of experience.
For the purpose of the Temporary Foreign Worker Program, you must pay the prevailing wage which is defined as the highest of either:
To determine the median wage on Job Bank:
If the position requires additional skills and years of experience over the applicable NOC description, the wages offered should reflect these additional requirements.
For the purpose of determining the wage rate being offered, we will only consider guaranteed wages, which exclude:
Variations to the wage requirements
In certain circumstances, industry-specific wage rates have been identified and are considered as the prevailing wage rate during the assessment of the application. These sectors have unique wage requirements:
If you want to hire a temporary foreign worker for a job in the province of Quebec, you must consult the wage table provided by the ministère de l’Immigration, de la Diversité et de l’Inclusion (French only).
The temporary foreign workers you hired, as a result of a positive Labour Market Impact Assessment, must only perform duties that correspond to the occupation they were hired for.
Canadian law protects all workers in Canada, including temporary foreign workers. The exploitation of temporary foreign workers is considered a violation of Canadian laws and human rights.
Employment in most occupations is covered under provincial or territorial legislation that deals with labour and employment standards such as:
Every province or territory has a Ministry of Labour that can provide information to assist employers and temporary foreign workers with questions or issues related to work. Some employers are federally regulated and, therefore, are covered by the employment standards under the Canada Labour Code.
You must always ensure that the temporary foreign workers you want to hire under the Temporary Foreign Worker Program are covered from the provincial or territorial workplace safety insurance provider, where required by law. Where the provincial or territorial legislation allows employers the flexibility to opt for a private insurance plan, you must ensure that:
If you are enquiring about private insurance plan equivalency, contact the appropriate provincial or territorial workplace safety authority.
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