Immigration Alerts & Events

SERVICE CANADA ANNOUNCES NEW NATIONAL ADVERTISING REQUIREMENTS FOR ALL LMO APPLICATIONS - Effective January 2009

2010-08-13

Effective January 2009, Service Canada has announced that all occupations for which a company is seeking to hire a foreign worker are now subject to the same minimum advertising requirements based on the National Occupational Classification (NOC) system. Failure to comply with these requirements will result in an application for a Labour Market Opinion being denied.

Occupations Under Pressure List Replaced

Previously, Service Canada accepted applications for certain occupations which were deemed to be “in demand” where it had been shown that the company had either advertised on the Government of Canada’s national Job Bank for a minimum of 7 calendar days and/or it could be demonstrated that the company had established, on-going recruitment mechanisms already in place. This relaxed criteria for occupations under pressure has now been eliminated and all occupations – whether in demand or not – are now subject to the new minimum recruitment requirements.

Minimum Recruitment Requirements

Service Canada now requires that the following minimum recruitment requirements be met before it will approve an application for an LMO:

NOC O and A occupations

• Advertise on the national Job Bank for a minimum of fourteen (14) calendar days, or
• Conduct similar recruitment activities consistent with the practice within the occupation (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or consult unions or professional associations) in the three (3) months prior to filing the LMO application

NOC B occupations

• Advertise on the Government of Canada 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 employer's name, business address and wages being offered.

NOC C and D occupations (including live-in caregivers and seasonal agricultural workers)

• Advertise on the national Job Bank for a minimum of fourteen (14) calendar days; and
• Conduct similar recruitment activities consistent with the practice within the occupation in the three (3) months prior to applying for a LMO; and
• Demonstrate reasonable ongoing recruitment efforts which include advertising directly to communities that traditionally face barriers to employment (Aboriginals, older workers, other disadvantaged groups).

Recommendation

It is recommended that all positions for which you wish to hire a foreign worker be advertised on the Job Bank for a minimum of fourteen (14) calendar days, or that similar recruitment activities consistent with the practice within the occupation be conducted prior to submitting an application for a Labour Market Opinion.

This document has been created for informational purposes only and does not contain a full analysis of the law, nor does it constitute a legal opinion of the Bomza Law Group.
For further information regarding this update or any other Canadian immigration matter, please contact the Bomza Law Group at 416-598-8849 or e-mail one of the following professionals:

Janet L. Bomza: jbomza@bomzalawgroup.com

Jennifer R. Nees: jnees@bomzalawgroup.com

Melodie Hughes: mhughes@bomzalawgroup.com