Employers do not need to use the services of a third-party representative in order to hire a TFW; however if they choose to do so, they must pay for all the fees associated with this service.
Note: Employers cannot deduct or recover these fees from the wage of the worker.
In addition, under the SAWP, the recruitment of TFWs is the responsibility of the government of the participating countries. As a result, employers cannot use the services of a private recruiter to select workers.
Effective June 10, 2020, the program is prioritizing certain occupations which are considered essential during the COVID-19 pandemic. The listed occupations have been prioritized across all provinces and territories (except the province of Quebec).
For LMIAs received on or after January 1, 2021, these occupations will continue to be prioritized, but will be subject to the regular minimum recruitment requirements of the appropriate program stream:
The program is prioritizing the following occupations and not waiving the minimum recruitment requirements:
Note: As of November 10, 2020, NOC 7511 (Transport truck drivers) will no longer be prioritized.
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:
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:
The advertisement must include the:
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).
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