2021 LMIA: Hire a Agricultural Temporary Foreign Worker (Non-Seasonal)
- 3012 – Registered nurses and registered psychiatric nurses
- 3111 – Specialist physicians
- 3112 – General practitioners and family physicians
- 3124 – Allied primary health practitioners
- 3131 – Pharmacists
- 3211 – Medical laboratory technologists
- 3212 – Medical laboratory technicians and pathologists’ assistants
- 3214 – Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
- 3219 – Other medical technologists and technicians (except dental health)
- 3233 – Licensed practical nurses
- 3237 – Other technical occupations in therapy and assessment
- 3413 – Nurse aides, orderlies and patient service associates
- 3414 – Other assisting occupations in support of health services
- 6731 – Light duty cleaners
Note: As of November 10, 2020, NOC 7511 (Transport truck drivers) will no longer be prioritized.
Advertisement
A job posting is an announcement of a vacancy in a public medium such as newspapers, job posting Internet site, bulletin boards, etc. It provides a broad exposure of the vacancy to Canadians and permanent residents in Canada who would be potential candidates for the position.
To meet the minimum advertising requirements, employers must advertise on the national Job Bank or its provincial/territorial counterpart in British Columbia, Quebec or Saskatchewan. The advertisement must be posted:
- for a minimum of 14 calendar days starting from the first day the ad appears and is accessible to the general public;
- during the 3 month period prior to the employer applying for a Labour Market Impact Assessment (LMIA);
Employers must also conduct recruitment activities consistent with the normal practice for the occupation for a minimum of 14 calendar days. To meet this requirement, employers can choose one or more of the following methods to advertise:
- on recognized Internet employment sites;
- in local and regional newspapers, newsletters;
- in ethnic newspapers and Internet sites;
- in local stores, places of worship, community resource centres;
- in local and regional employment centres.
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;
- Wage (must include any incremental raises, performance pay or bonuses);
- a wage range can be used for the purposes of complying with the advertisements; however the minimum wage in the range must meet prevailing 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 jobadvertisements posted on behalf of the employer. However, the ad must be listed under the employer’sCanada Revenue Agency Business Number.
Proof of advertisement
Employers must demonstrate that they meet the advertising requirements by providing proof of advertisement and the results of their efforts to recruit Canadians and permanent residents (for example copy of advertisement and information to support where, when and for how long the position was advertised).
Advertisement waiver
Employers who are hiring a replacement worker under the Agriculture stream are not required to re-advertise the vacant position when submitting an LMIA application for the replacement worker. This applies only if the replacement worker is in the same Job Bank economic region and the same occupation as the ones stipulated in the previous positive LMIA.
Recruitment documentation retention
Records of the employers’ efforts must be kept for a minimum of 6 years. This documentation can be requested at any time by ESDC/Service Canada, as the Department has the authority to conduct inspections to verify an employer’s compliance with the conditions in the Immigration and Refugee Protection Regulations (IRPR) (and confirmed in the LMIA letter and annexes) for a period of 6 years, beginning on the first day of the period of employment for which the work permit is issued to the TFW.
5. Apply for a Labour Market Impact Assessment
Employers who want to hire a temporary foreign worker (TFW) under the Agricultural Stream, 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 assessment 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.
