LMIA Application for High-Wage Positions

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

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:

• the median wage on Job Bank
• the wage that is within the wage range that you are paying your current employees hired for the same job and work location, and with the same skills and years of experience

To determine the median wage on Job Bank:

• go to Compare wages on Job Bank (Wage updates take place during the week of November 14, 2022)
• in the “Job search” field, enter the job title or the NOC code (2021 version) that best describes the duties and requirements of the position
• the hourly median wage will be listed in the middle column, by community or area. If the median wage is listed as ‘’n/a’’, consult the provincial or territorial wage. If it is not available, consult the national wage

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:

• overtime hours
• tips
• benefits
• profit sharing
• bonuses
• commissions
• other forms of compensation

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:

• Ski and snowboard instructor positions in Western Provinces
• Cold Lake
• International medical graduates in Quebec
• Fee for service physicians
• Maritime sector

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 Francisation et de l’Intégration (MIFI) (French only).

Please note that failure to meet the prevailing wage will result in a negative LMIA decision.

Job duties and working conditions

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.

Employers must:

• pay TFWs for all work (including overtime, where required by law)
• provide workplace safety insurance
• offer TFWs the same benefits as other workers, and
• not take the TFWs’ identification

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.

Note: Some employers are federally regulated and are therefore covered by the employment standards under the Canada Labour Code.

Health insurance

In applicable provinces/territories (P/Ts), you must obtain and pay for private health insurance that covers emergency medical care for any period during which the TFW is not covered by the applicable P/T health insurance system.

The coverage the employer purchases must correspond with the TFWs’ first day of work in Canada and the costs must not be recovered from the TFWs.

During an employer inspection, an ESDC/SC inspector will look at the policy coverage to make sure that it has not been charged back to the worker, and that it covers at minimum the costs of basic emergency health care for sudden illness or injuries during the period the TFW is not covered by the P/T health insurance. Some private insurance companies offer more comprehensive plans, but ESDC will accept a basic plan so long as it ensures that the TFW will not have to pay for medical care if they become sick or have an accident while working in Canada.

To demonstrate compliance, the employer must be able to show proof of payment for suitable private health insurance for each TFW, as well as the terms of the policy coverage (for example, the details of what is covered).

Workplace safety

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:

• any private plan chosen provides better or the same level of compensation to that offered by a province or territory
• all employees on the worksite are covered by the same provider

If you are enquiring about private insurance plan equivalency, contact the appropriate provincial or territorial workplace safety authority.