New LMO Procedures

Canada Immigration Forum (discussion group)            
Subject: New LMO Procedures
  Temporary Foreign Worker Program

Minimum Recruitment Requirements
Starting on January 1, 2009, the occupations under pressure list initiative will be replaced by a new national advertising standard that clarifies and simplifies the Labour Market Opinion process for employers across Canada. All occupations will be subject to the same minimum advertisement requirements based on the National Occupational Classification (NOC) system, skills levels O, A, B, C and D.

Minimum recruitment efforts for NOC O and A occupations
You will have conducted the minimum recruitment efforts if you advertised on the national Job Bank and/or conduct similar recruitment activities consistent with the practice within the occupation (e.g., advertise on recognized job internet sites, in journals, newsletters or national newspapers or by consulting unions or professional associations) for a minimum of fourteen (14) calendar days, during the three (3) months prior to applying for a LMO.

Minimum recruitment efforts for NOC B occupations
You will have conducted minimum recruitment efforts if you advertise on the Government of Canada´s national Job Bank for a minimum of fourteen (14) calendar days during the three (3) months prior to applying for a LMO. The advertisement must include the employers name, business address and an explicit statement of wages being offered.

Minimum recruitment efforts for NOC C and D occupations (including live-in caregivers and seasonal agricultural workers)
You will have conducted minimum recruitment efforts if, in addition to the all minimum recruitment efforts required for NOC 0, A and B, you demonstrate reasonable ongoing recruitment efforts to recruit from communities that traditionally face barriers to employment (Aboriginals, older workers, other disadvantaged groups, etc.). You can advertise, for example, on recognized job internet sites, in local/regional newspapers, at community resource centres (e.g., Aboriginal and newcomers) and local regional employment centres.

Position Covered by a Collective Agreement
If you want to hire a temporary foreign worker for a position that is covered under a collective agreement, you must agree to pay either the rate established by the collective agreement or the prevailing rate established by HRSDC/SC, whichever is higher. In addition, if you offer benefits to Canadian workers or permanent residents, the same benefits must also be extended to temporary foreign workers.

Additional Advertisement efforts
HRSDC/SC reserves the right to require alternative or additional advertising efforts (i.e., increased duration [length of time] or broader advertisement [whether local, regional, or national]) if, it believes that additional efforts would yield qualified Canadian citizens or permanent residents who are available to work in the occupation and region.

To determine if alternate or additional advertising efforts are required, contact your Service Canada Centre.

Proof of Advertisement
You must be prepared to demonstrate that you meet the advertising requirements by providing proof of advertisement and the results of your efforts to recruit Canadians or permanent residents as part of the LMO process (e.g., information on the qualifications of Canadian applicants and why they were rejected). Records of your efforts should be kept for a minimum of six (6) years, as stipulated in certain provincial and federal legislations, such as the Income Tax Act.


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