Temporary Foreign Workers in Quebec

Hiring Temporary Foreign Workers in Quebec

Embaucher un travailleur étranger temporaire 

Depuis le 24 février 2012, les employeurs qui désirent embaucher un travailleur étranger temporaire spécialisé ont accès à une démarche simplifiée si le poste qu’ils offrent est lié à l’une des 44 professions où il y a d’importants écarts, à court terme, entre l’offre et la demande de main-d’œuvre.

Prenez note que la démarche qui s’appliquait aux technologies de l’information a pris fin avec la mise en oeuvre de la démarche simplifiée. Les entreprises de ce secteur doivent vérifier si le poste qu'elles offrent fait partie de la liste des 44 professions pour connaître la démarche à adopter. 

Employing temporary foreign workers can be an essential part of a company's business strategy. Foreign workers can fill labour shortages in Canada and bring new skills and knowledge to help the country's economy grow.

New Online Application System Delay

The release of the new online labour market opinion (LMO) application system, originally scheduled for June 2011, will be delayed until January 2012. During this period, Human Resources and Skills Development Canada will be working on improving the system to ensure it is accessible, safe and secure for all users.

Meanwhile, employers can still submit LMO paper application forms by mail or fax to the appropriate Service Canada Centre. The Live-in Caregiver Program online application process will continue to be available without interruption.

We apologize for any inconvenience this may cause.

Important: Before applying for an LMO, please review the new program requirements.

Hiring Steps

In almost all cases, temporary foreign workers must have a valid work permit to work in Canada. When hiring a foreign worker to work in Quebec, you as an employer must generally:

  1. Submit a Human Resources and Skills Development Canada (HRSDC) Foreign Worker Application for a Labour Market Opinion (LMO) by mail or fax to the Service Canada Centre regional office.
  2. Employers using a third party representative must complete the "Annex to the Appointment of Representative" form and send it with the LMO application.
  3. Submit to the Ministère de l'Immigration et des Communautés culturelles (MICC) or your MICC regional office:
    • A completed MICC application form for the Quebec Certificate of Acceptance.  You or the foreign worker can complete this form. If you complete it, attach a power of attorney from the foreign worker authorizing you in this role, and any necessary supporting documents;
    • Payment of fees levied by the Government of Quebec.
  4. Once HRSDC and MICC have approved your job offer, send a copy of the joint HRSDC/MICC confirmation letter and the Quebec Acceptance Certificate to the foreign worker.
  5. Tell the foreign worker to apply for a work permit from Citizenship and Immigration Canada (CIC).

    Next, CIC will evaluate the foreign worker's application and decide whether a work permit will be issued according to the requirements that apply to workers and temporary residents in Canada.

A LMO may be revoked prior to the issuance of a work permit under the following circumstances:

  • The application included false or misleading information; or
  • New facts come to light subsequent to the date of the issuance of the opinion that would have affected the assessment of the application and that, in turn, change the opinion that the employment of the foreign national would likely have a neutral or positive effect on the labour market in Canada; or
  • The opinion is based on a mistake as to some material fact.

The revocation of an LMO decision is based on reliable documented evidence that confirms that the new information or altered circumstances would have had an impact on the assessment of the six factors listed under section 203(3) of the Immigration and Refugee Protection Regulations.

When a positive LMO decision is replaced with a negative decision, employers have to submit a new LMO application before they can hire temporary foreign workers.

Minimum Advertising Requirements

On January 1, 2009, the occupations under pressure list initiative was replaced by new national advertising requirements.

All occupations based on the National Occupational Classification (NOC) system, skills levels 0, A, B, C and D are subject to the same minimum advertisement requirements. Failure to comply with the requirements outlined below will result in the application for a Labour Market Opinion (LMO) being denied.

As employers seeking to hire temporary foreign workers, you must be prepared to demonstrate that you meet the minimum advertising requirements by providing proof of advertisement and the results of your efforts to recruit Canadians or permanent residents. This proof include copies of advertisements, number of Canadian applicants and why they were rejected, as part of the LMO process. Records of your efforts should be kept for a minimum of 2 years, in the event that a Service Canada Officer contacts you to verify your advertising efforts.

All employers are encouraged to conduct ongoing recruitment efforts, including among under represented groups that face barriers to employment (e.g., Aboriginal peoples, older workers, immigrants/newcomers, persons with disabilities and youth). The advertisement could be on recognized Internet job sites, in local and regional newspapers, at community resource centres and in local regional employment centres.

The advertisement on the Emploi Quebec Online Placement must include:

  • the company operating name;
  • job duties (for each position, if advertising for more than one vacancy);
  • wage range (i.e. an accurate range of wages being offered to Canadians and permanent residents). The wage range must always include the prevailing wage for the position – see "wage rate";
  • the location of work (local area, city, or town); and
  • the nature of the position (i.e. project based, or permanent position).

NOC 0, A and B Occupations

You will have conducted the minimum recruitment efforts required if you:

  • Advertise on the Emploi Quebec's Online Placement for a minimum of fourteen (14) calendar days during the three (3) months prior to applying for a LMO, 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 by consulting unions or professional associations).

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

You will have conducted the minimum recruitment efforts required if you:

  • Advertise on the Emploi Quebec's Online Placement for a minimum of fourteen (14) calendar days during the three (3) months prior to applying for a LMO; and 
  • Conduct similar recruitment activities consistent with the practice within the occupation (e.g., advertise on recognized Internet job sites, in journals, local and regional placement centres, community resource centres, newsletters, national newspapers, by consulting unions or professional associations).

Wage Rate

The following applies to all advertising conducted in support of applications for Labour Market Opinions:

  • The wage range identified in the advertisement must represent an accurate range of wages being offered to Canadians and permanent residents, working in the same occupation and geographical area. The wage range must always include the prevailing wage for the position.
  • The prevailing wage is identified as the average hourly wage for the requested occupation in the specified geographical area.
  • For a unionized position, the wage rate must be consistent with the wage rate established under the collective bargaining agreement.
  • All benefits provided to Canadian workers or permanent residents must be extended to temporary foreign workers.

In order to address unique circumstances, HRSDC/Service Canada maintains the discretion to set the prevailing wage rate that an employer must offer, whether or not the position is covered by a collective agreement.

Position Covered by a Collective Agreement

If you are seeking to hire a temporary foreign worker for a position that is covered under a collective agreement, you must agree to pay the rate established by the collective agreement. In addition, if your offer benefits to Canadian workers or permanent residents, these benefits must be extended to temporary foreign workers.

Variation to the Minimum Advertising Requirements

Variations to the minimum advertising requirements may apply in certain cases.

HRSDC/Service Canada reserves the right to require alternative or additional recruitment 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.

For all occupations, or for additional information on minimum advertising requirements, contact your Service Canada Centre.

MICC Website

Learn more about hiring temporary foreign workers in Quebec in MICC's Website.

Special Conditions

Under the Immigration and Refugee Protection Act, in some instances employers do not need an HRSDC confirmation to hire foreign workers, and/or the foreign worker does not need a CIC work permit.

Please note that special hiring criteria apply for some industry sectors and occupations including:

Permanent Job Offers and Immigration to Quebec

Under the Canada-Quebec Accord, permanent immigration to the province of Quebec falls under the jurisdiction of the MICC and CIC.

  • Learn more about hiring skilled workers for permanent jobs and supporting their immigration to Quebec in MICC's Website...

IMPORTANT
Individuals in the skilled worker class who hold a CSQ, who reside in Québec and whose application for permanent residence is currently being processed do not have to obtain a new CAQ before applying to prolong or renew their work permit. The employer is therefore exempt from the responsibility to provide a Labour Market Opinion (LMO).

To benefit from this waiver, your application for a work permit must be accompanied by a copy of your CSQ, your valid offer of employmentand proof of payment of the application fees for permanent residence or acknowledgment of receipt.

CSQ holders who are eligible for the LMO waiver can be:

  • foreign students who obtain a post-diploma work permit and hold a valid job offer from a Québec employer;
  • temporary workers who wish to prolong the duration of their work permit for the job they currently hold or to renew it in order to hold a job offered by another Québec employer;
  • participants in one of the programs of International Experience Canada (Working Holiday, Young Professionals, International Co-op) who hold a work permit and who wish to prolong the duration of their permit for the job they currently hold or to renew it in order to hold a job offered by another Québec employer.

Moreover, spouses or de facto spouses can obtain an open work permit for the employer and type of employment of their choice.

For more information, visit the website of Citizenship and Immigration Canada.

Comments