According to the Government of Canada, employers hiring through the Temporary Foreign Worker Program (TFWP) must follow strict rules to meet Labour Market Impact Assessment (LMIA) requirements.
Direct Apply (Job Bank)
- Enabled by default.
- Employers must consider applicants who apply through Job Bank.
- Disabling or ignoring this = not meeting recruitment requirements.
Recruitment Methods
- Employers must advertise in three ways:
- Job Bank posting (mandatory).
- At least two other methods (e.g., specialized websites, newspapers, job fairs, professional associations, internal recruitment).
- If using two online ads, they must reach different audiences.
- Ads must run for 4 consecutive weeks within the 3 months before the LMIA.
- Employers must keep all recruitment proof/records for 6 years.
Proof of Advertisement
Employers must provide:
- Copies of ads (with dates, location, and duration).
- Proof the ads reached the intended audience.
- Evidence of other recruitment (e.g., invoices for job fairs).
Exemptions / Variations
- Primary agriculture: No minimum ad requirement until Dec 31, 2025.
- Caregiver jobs with live-in requirement: Need proof of high medical needs or exceptional cases.
Wages
- Must pay the prevailing wage (highest of: Job Bank median, wage paid to similar staff, or provincial/national wage).
- Unionized jobs must match the collective agreement.
- Wages must be reviewed and updated annually based on Job Bank data (cannot drop below LMIA-approved wage).
- Only guaranteed wages count (not tips, bonuses, overtime, or commissions).
Worker Protections
- Must pay for all work (including overtime if applicable).
- Provide workplace safety insurance.
- Buy private health insurance until provincial coverage starts (costs cannot be recovered from TFW).
- Provide a signed employment agreement in English or French.
Other Conditions
- Only English or French can be job requirements (unless justified).
- For no-language jobs → must prove worker safety measures (e.g., translated manuals, pictograms, interpreters).
- Unionized jobs: must offer TFWs the same wages and conditions as Canadian workers.
- Hiring TFWs cannot interfere with labour disputes.
Priority Occupations
LMIA applications are fast-tracked for certain jobs, including:
- Healthcare positions
- Butchers
- Farm work
- Cleaners
- Food processing labourers
📧 For inquiries, contact: info@hinotori.ca
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