LMIA Application for High-Wage Positions

The coverage you purchased must correspond with the temporary foreign workers’ first day of work in Canada and the costs must not be recovered from the temporary foreign workers.

Employment agreement

Although a copy of the employment agreement is not required at the time of LMIA submission, you must commit to providing a completed and signed employment agreement to each foreign worker on or before their first day of work with you. An employment agreement must:

• include information for employment in the same occupation, with the same wages and working conditions as those set out in the offer of employment
• be drafted in either English or French as preferred by the foreign worker, and
• be signed by both the employer and the foreign worker

Employers can develop and use their own employment agreement as long as it contains all the necessary information. If you wish to obtain a sample employment agreement template, please contact the Employer Contact Centre. This template will also become available online soon.

Employers must maintain complete employment records that fully document compliance with the employment agreement throughout the duration of the employment.

For positions in Quebec, please visit the website of ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) (French only) for specific requirements regarding the employment contract.

Language of work

English or French are the only languages you can identify as a job requirement in your Labour Market Impact Assessment application and job advertisement. However, if another language is essential for the job, you must provide a justification on the application.

Positions with no language requirement

There may be rare cases where an offer of employment does not require any language for the foreign national.

If there is no language required for the job, you must provide more details on the application, including:

• how the foreign national will perform job duties in an effective and safe manner without the ability to communicate in any language, and
• what reasonable measures are in place to ensure health and safety of all persons at the place of work. To demonstrate this, you must also provide applicable and appropriate documentation with your application

Examples of reasonable measures are:

• having translated workplace safety manuals and procedures
• providing work place safety training in the foreign national’s identified language
• using international safety signs that use symbols (pictures)
• having official translators on-site
• and/or employing other workers or supervisors who can speak with the foreign nationals in their identified language

Unionized positions

If you are applying to hire temporary foreign workers for positions covered under a collective agreement, you must:

• advertise and offer the same wage rates as those established under the collective agreement
• offer the temporary foreign workers the same terms and conditions as Canadian and permanent resident workers
• submit a copy of the section of the collective bargaining agreement on the wage structure

The hiring of temporary foreign workers must not affect current nor foreseeable labour disputes at the workplace. During LMIA assessment, if it is determined that hiring TFWs is likely to adversely affect the course, the outcome or the settlement of any labour dispute, you will receive a negative LMIA decision.

We recommend that you work actively with union representatives to recruit Canadians and permanent residents.