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Advertising requirements for Canadian workers hiring foreign workers

Canadian workers hiring foreign workers

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Employers in Canada who need a Labour Market Impact Assessment (LMIA) to hire foreign employees are frequently required to fulfill an advertising requirement.

The advertising requirements aim to show the Canadian government that no qualified or willing Canadian employees are available to fill a position.

Employers must adhere to the criteria established by Employment and Social Development Canada (ESDC), the federal agency in charge of the LMIA procedure.

Before submitting an LMIA application, companies must promote all job openings for a minimum of four weeks on the whole Canadian job market.

Where can companies post job listings?

Employers must demonstrate the usage of at least three recruitment techniques. One must be a posting on the Canada Job Bank website, plus two other means from the list below:

  • generic employment websites 
  • internet classified websites 
  • devoted to particular professional profiles 
  • provincial, national, and local newspapers and newsletters
  • local merchants, religious institutions, and community resource centers
  • local, regional, and province or territorial employment centers
  • Participation at job fairs that link with training schools or provide internships.
  • Consultations with unions for available employment postings through professional organizations Recruiting inside the firm by professional recruitment companies

If the two different recruiting tactics are online, they must each offer distinct value and distinct target audiences. If an employer advertises on many websites of the same type, the combined advertising will count as only one extra recruiting strategy.

Employers must concentrate their ad campaigns on underrepresented populations in Canada, such as Indigenous people and individuals with disabilities.

How long must a job advertising run?

Employers are required to post-employment adverts for a minimum of 30 days. This 30-day period must fall within the three months before the LMIA application submission.

It implies that applications filed beyond three months may be rejected as incomplete, necessitating a new 30-day advertising period by the company.

At least one of the three recruitment actions to find eligible Canadians must be ongoing until the government issues a favorable or neutral LMIA to the company.

Evidence of advertising

Employers must establish that they have made efforts to attract suitable Canadian workers by submitting the following papers as proof of advertising together with the application:

  • a copy of the advertising as well as evidence of where, when, and for how long the position was advertised
  • Evidence that the print media and websites used for advertising are targeting an audience with the requisite education, professional experience, or skill level
  • evidence of previous recruiting efforts (for example, an invoice from a Job Fair)
  • Employers need to preserve advertising obligation records for at least six years, as they will be required to report the outcomes of recruiting efforts.

Variations in advertising needs

There are differences in the advertising requirements for particular occupations, provinces, and territories under certain conditions.

In addition, if your organization or the open position qualifies for the Global Personnel Stream (GTS), you may be able to bypass the advertising procedure and bring skilled talent across more swiftly. This option is targeted at IT industry employers. The standard GTS processing time is two weeks.

The process of bringing workers to Canada may be challenging. A Canadian immigration attorney can assist you in applying for work permits in Canada.

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