Employers must:
Employment in most occupations is covered under provincial/territorial legislation that deals with labour and employment standards such as: hours of work, working conditions and termination of employment. In fact, every province/territory has a Ministry of Labour that can provide information to assist employers and TFWs with questions or issues related to work.
Employers cannot force any TFWs to perform duties for which they were not hired or trained (for example, if an employer submits an application to hire a TFW as a caregiver, the duties given to the worker must correspond to that occupation and not those associated with a cleaner).
Employers must meet the recruitment and advertisement requirement for the stream based on the position for which they are hiring a caregiver: Employers will need to follow the:
Note: Employers cannot require a caregiver to live in their home. As a result, employers can only advertise the position with the option of the caregiver living in their home and it must be, at no cost to the worker.
Employers who want to hire a temporary foreign worker (TFW) must submit the Labour Market Impact Assessment (LMIA) application along with all the required supporting documentation to Employment and Social Development Canada (ESDC)/Service Canada.
In essence, employers are applying for an opinion on the impact that hiring a TFW would have on Canada’s job market. As a result, it is important that employers follow all the necessary steps and submit all of the required documentation.
Important: Changes to the LMIA fee collection
As of October 23, 2020, Service Canada is making changes to better protect employers’ financial information. LMIA application forms will now only request partial digits from a credit card. Upon application receipt, Service Canada will contact the employer to obtain the remaining digits in order to process payment.
Employers must follow the step-by-step checklist to ensure that all the documents required are submitted.
Complete, sign (where applicable) and submit the following documents:
For positions located anywhere in Canada (excluding Quebec), employers must send all documentation to the Service Canada Centre responsible for processing in-home caregivers applications.
A complete application means that employers have:
If an application is submitted and it is not complete, Service Canada staff will inform the employer that the application will not be processed. Incomplete applications and supporting documents submitted with the application will not be retained or returned to the employer. As a result, employers are advised to submit copies, not original documents.
For positions located in Quebec, employers must send all documents to the Service Canada Centre responsible for processing in-home caregiver applications as well as through the ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI). The LMIA applications for in-home caregiver positions can be submitted in either language English or French.
To hire a TFW under the regular LMIA process, employers must follow these steps:
For more information, contact the MIFI.
On May 12, 2020, Immigration, Refugees and Citizenship Canada (IRCC) announced a Temporary Public Policy. The new policy allows some TFWs already in Canada to change jobs before a final decision is made on their work permit application.
Employers hiring these TFWs may receive priority processing of the LMIA applications. To do so, employers must notify Service Canada in writing that the TFW:
Employment and Social Development Canada (ESDC)/Service Canada will assess the Labour Market Impact Assessment (LMIA) application submitted by the employer to determine what impact hiring a temporary foreign worker (TFW) would have on Canada’s job market. Based on the application and the documents received, the Department will issue a positive or negative LMIA.
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