Service Canada Centres
Service Canada processes applications from employers for LMOs and ensures that all necessary requirements are met. An LMO is an opinion provided by Service Canada to CIC which assesses the likely impact that hiring the requested foreign worker(s) may have on the Canadian labour market.

As of May 19, 2009, HRSDC has established a maximum period of six months during which an LMO may be used to apply for a WP. This six month period is defined by the LMO expiry date.

A list of Service Canada Centres which process foreign worker requests (i.e., LMO applications) in each province.

Temporary Foreign Worker Units
The Temporary Foreign Worker Units in Montreal and Toronto guide employers seeking to employ foreign workers through the immigration process and facilitate the entry of workers who are exempted from the Labour Market Opinion (LMO) process.

The TFWU offers guidance to employers and/or their authorized representatives seeking to employ foreign workers. Please note that the TFWU WILL NOT RESPOND to enquiries coming from other sources or foreign workers themselves.

see the top of this page!

LMO Application Process

Step 1: The employer completes the form “Foreign Worker Application for a Labour Market Opinion.” (PDF 285KB) - View as HTML.

The National Occupational Classification (NOC), which contains information on occupations in Canada, can help employers identify the proposed occupation, duties to be assigned, and the prerequisites for the position.

Step 2: The employer submits a complete application to the nearest Service Canada Centre that processes Foreign Worker Applications or online.

Step 3: Service Canada reviews the application according to criteria noted above, and develops a Labour Market Opinion.

Step 4: Service Canada sends a written letter with results from the Labour Market Opinion assessment to the employer, who then communicates the results to the foreign worker.

Step 5: In the case of a positive Labour Market Opinion, the employer sends a copy of the confirmation letter to the foreign worker.

Step 6: The foreign worker (within 6 months) applies to Citizenship and Immigration Canada for a work permit, attaching a copy of the confirmation letter.

Employers must also apply for a Quebec Acceptance Certificate when they want to hire foreign workers to work in the province of Quebec. To learn how employers apply for certificate, visit Immigration et Communautés culturelles.

Temporary Foreign Worker Program
Notice for Employers: New Requirements for Employers Using Third Party Representatives.

Other Requirements for Work Permit Applications

• The fee for processing a work permit application is $150.
• The fee for processing a TRV is $75.
• If a foreign worker requires a TRV and a work permit, the total processing fee is $150.
• The fee for accompanying family members requiring a TRV is $75 each.
• An interview may be required if the visa office needs more information to determine whether the foreign worker is eligible to obtain a work permit.

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 criteria vary slightly in the province of Quebec. For further information, consult Hiring Temporary Foreign Workers in Quebec.

NOC 0 and A Occupations

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

• Conduct 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); or
• Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of fourteen (14) calendar days, during the three (3) months prior to applying for a LMO.

NOC B Occupations

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

• Conduct recruitment activities consistent with the practice within the occupation for a minimum of fourteen (14) calendar days (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or by consulting unions or professional associations); and
• Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of fourteen (14) calendar days during the three (3) months prior to applying for a LMO.

The advertisement 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 C and D Occupations (including seasonal agricultural workers)

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

• Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan, Quebec or the Northwest Territories) for a minimum of 14 calendar days during the three (3) months prior to applying for an LMO; and 
• Conduct recruitment activities consistent with the practice in the occupation. Advertisement must be for a minimum of 14 days, choosing one or more of the following options:
  • advertise in weekly or periodic newspapers, journals, newsletters, national/regional newspapers, ethnic newspapers/newsletters or free local newspapers;
  • advertise in the community, e.g., posting ads for two to three weeks in local stores, community resource centres, churches, or local regional employment centres;
  • advertise on Internet sites e.g., posting during 14 calendar days/two weeks on recognized Internet job sites (union, community resource centres or ethnic sites).

The advertisement 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).

In addition to the advertisement efforts mentioned above, you are also encouraged to conduct ongoing recruitment efforts, including communities that face barriers to employment (e.g., Aboriginal Peoples, older workers, immigrants/newcomers, people with disabilities and youth). Advertisement could be on recognized Internet job sites, in local and regional newspapers, at community resource centres and local regional employment centres.

Advertisement criteria vary slightly in the province of Quebec. For further information, consult Hiring Temporary Foreign Workers in Quebec.

Wage Rate

The following applies to all NOC B, C and D 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.

Variations 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.

To hire foreign workers for skill levels 0, A and B...

To hire foreign workers for skill levels C and D...

To hire seasonal agricultural workers...

To hire live-in caregivers...

Working temporarily in Canada: Eligibility to apply

You almost always have to apply for a work permit from outside Canada. Sometimes, you can apply from inside or as you enter Canada. Many of the requirements are the same.

Eligibility to apply from outside Canada

To apply for a work permit from outside Canada, you must submit the following documents:

• a job offer from a Canadian employer
• a completed application, that shows that you meet the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations, and
• written confirmation from Human Resources and Skills Development Canada (HRSDC) that the employer can hire a foreign worker to fill the job. This confirmation is called a positive labour market opinion.
  • In most cases, it is up to your employer to get that written confirmation. Information on the labour market opinion is found under Information for Canadian employers on the right-hand side of this page.
  • In some cases, you do not need a labour market opinion. (See Jobs that require a work permit but no labour market opinion.)

You must also do the following:

• Satisfy a visa officer that you will leave Canada at the end of your work permit.
• Show that you have enough money to support yourself and your family while you are in Canada.
• Respect the law and have no criminal record. (You may have to provide a police clearance certificate. See Police Certificates for more information.
• Show that you are not a risk to the security of Canada.
• Be in good health. (You may have to have a medical examination.)

Eligibility to apply from inside Canada

You can only apply for a work permit from inside Canada if:

• you have a valid study or work permit, or your spouse or parents have a study or work permit
• you have a work permit for one job but want to apply for a work permit for a different job
• you have a temporary resident permit that is valid for six months or more or
• you are in Canada because you have already applied for permanent residence from inside Canada. You will have to pass certain stages in the main application process before you can be eligible for a work permit.

You must also have the following documents:

• a job offer from a Canadian employer
• a completed application, that shows that you meet the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations, and
• written confirmation from HRSDC that the employer can hire a foreign worker to fill the job. This confirmation is called a positive labour market opinion.
  • In most cases, it is up to your employer to get that written confirmation. Information on the labour market opinion is found under Information for Canadian employers on the right-hand side of this page.
  • In some cases, you do not need a labour market opinion. (See Jobs that require a work permit but no labour market opinion.)

You must also do the following:

• Satisfy an immigration officer that you will leave Canada at the end of your work permit.
• Show that you have enough money to support yourself and your family while you are in Canada.
• Respect the law and have no criminal record. (You may have to provide a police clearance certificate. See Police Certificates for more information.
• Show that you are not a risk to the security of Canada.
• Be in good health. (You may have to have a medical examination.)

It is now possible to apply online for a work permit from within Canada. Please see Apply online for your work permit from within Canada in the Related Links at the bottom of this page.

Note: if you are a temporary foreign worker in Canada who has a work permit under the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D), and you want to extend your stay, please see Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D) in the Related Links at the bottom of this page.

Eligibility to apply as you enter Canada

You can apply for a work permit as you enter Canada, but only if you meet the following requirements:

• you are temporary resident visa exempt and
• your job does not need a labour market opinion from HRSDC (some exceptions apply) or
• you hold a labour market opinion from HRSDC.

To find out if you need a medical examination, see Medical examination requirements for visitors in the Related Links section at the bottom of this page.

Note: if your job does need a labour market opinion, you can apply as you enter Canada as long as the positive opinion has been issued to you before you enter (except for live-in caregivers and seasonal agricultural workers).

The following persons may apply for a work permit from within Canada:

• Holders of work or study permits and their family members;
  Note: Spouses or common-law partners of highly skilled temporary foreign workers, may themselves be authorized to work without first having a confirmed job offer by Human Resources and Social Development Canada (HRSDC confirmation). In the case of workers destined for Quebec, without having to obtain a CAQ from the Ministère de l’Immigration et des communautés culturelles (MICC). The principal foreign worker must be doing work which is at a level that falls within National Occupational Classification (NOC) Skill Levels O, A or B in order for them to qualify for a work permit. These skill levels include management and professional occupations and technical or skilled tradespersons. For further information on the program and a list of the skill levels in the NOC, refer to our website.
• Successful graduates from a program at a Canadian university, community, college, CÉGEP, or publicly funded trade/technical school (or from a Canadian private institution authorized by provincial statute to confer degrees) who wish to work for a maximum of one or two years in employment related to their course of study. The maximum length will depend on the length and location of their studies, and the location of their employer. Graduates must submit an application for a work permit within 90 days of the issuance of your final marks. Their study permit must be valid upon submission of their application for a work permit. For further details refer to the Foreign Workers Manual (see post-graduation employment) located on our Web site or contact the Call Centre;
• Persons who don’t require a work permit who are applying for secondary employment in Canada, who have been working for at least three consecutive months in Canada and are not business visitors. Family members of these persons may apply before three months have passed if they satisfy an officer that the principal worker will work for at least three months;
• Holders of temporary resident permits (TRPs) valid for a minimum of 6 months and their family members;
• Refugee claimants and persons subject to an unenforceable removal order;
• In-Canada permanent resident applicants and their family members who are members of the following classes, determined eligible for permanent resident (PR) status: live-in-caregiver, spouse or common-law partner, protected persons, and humanitarian and compassionate considerations (H&C);
• Persons whose work permits were authorized by a visa office abroad, where the permit was not issued at a port of entry;
• Mexican citizens who have been admitted to Canada as visitors may apply for a work permit under any North American Free Trade Agreement (NAFTA) category. U.S. citizens admitted as visitors may apply in Canada under the Professional or Intra-company Transferee NAFTA categories only. These provisions are in accordance with reciprocal arrangements.

Jobs that require a work permit but no labour market opinion

People in the following categories need a work permit but do not need a labour market opinion from Human Resources and Skills Development Canada (HRSDC).

• Workers covered under international agreements
  Professionals, traders, investors and business people coming to Canada to work under certain international agreements
• Entrepreneurs and intra-company transferees
  Some types of entrepreneurs, workers transferring within a company, and other types of workers who will provide significant benefit to Canadians or permanent residents by working in Canada
• Participants in exchange programs
  People whose employment in Canada will provide similar employment to Canadians abroad, such as participants in youth exchange programs, teacher exchange programs or other reciprocal programs
• Co-op students
  Foreign students who are studying in Canada and who need to do co-op work placements as part of their program of study
• Spouses
  Spouses and common-law partners of certain foreign workers and of certain foreign students who are currently studying or working under the Post-Graduation Work Permit Program
  • Spouses of certain foreign students may obtain a work permit without having to obtain a labour market opinion from HRSDC. This exemption applies to spouses who are not themselves enrolled in full-time studies.
  • Eligibility criteria: To be allowed to work in this category, you must prove that you are the spouse of a student who holds a valid student permit and who is studying full time at a post-secondary institution—a university, a community college, a CEGEP, a technical or school of commercial studies—that is financed by the private or public sector and authorized by provincial law to award university degrees.
  • Academics and students
    Certain academics and students
  • Religious workers
    People doing charitable or religious work
  • Others
    Certain people who need to support themselves while they are in Canada for other reasons such as the refugee determination process

North American Free Trade Agreement (NAFTA)

Under Chapter 16 of NAFTA, citizens of Canada, the United States and Mexico can gain quicker, easier temporary entry into the three countries to conduct business or investment activities.

Business people covered by NAFTA do not need a labour market opinion from Human Resources and Social Development Canada (HRSDC). This means that Canadian employers do not need to have a job offer approved by HRSDC to employ a United States or a Mexican business person, as set out in NAFTA.

Business people covered by NAFTA must, however, comply with the general provisions on temporary entry to Canada.

NAFTA applies to four specific categories of business people: business visitors, professionals, intra-company transferees, and traders and investors.

Business visitor is a separate category with separate requirements. Business visitors do not require a work permit. For more information, see Jobs that do not require a work permit in the Related Links section at the bottom of this page.

A professional must:

• be qualified to work in one of the more than 60 professions listed in Appendix 1603.D.1 of Chapter 16 of NAFTA (for example, accountant, computer systems analyst, engineer, management consultant and technical publications writer) and
• have pre-arranged employment with a Canadian enterprise in an occupation that matches the qualification.

An intra-company transferee must:

• have worked continuously for at least one year in the preceding three years for the same or affiliated employer in the United States or Mexico
• be transferred to Canada to work temporarily for the same or an affiliated employer and
• work in a capacity that is managerial, executive or that involves specialized knowledge.

A trader or an investor must:

• be seeking to carry out substantial trade in goods or services, mainly between Canada and her or his country of citizenship, or conduct substantial investment activities in Canada, in a supervisory or an executive capacity, or in a capacity that involves essential skills
• meet additional requirements under NAFTA and
• have a work permit.

Can my spouse or common-law partner work in Canada?

If your spouse or common-law partner wants to work while in Canada, they must apply for their own work permit. Normally, they must meet the same requirements that you do, including obtaining (if needed) a labour market opinion (LMO) from Human Resources and Skills Development Canada.

However, your spouse or common-law partner may be eligible to apply for an “open” work permit that will allow her or him to accept any job with any employer if you meet the conditions outlined below:

A. You are authorized to work in Canada for six months or longer and the work you are doing while you live in Canada meets a minimum skill level (usually work that would require at least a college diploma). Specifically, your job must be listed in Skill Level 0, A or B in the National Occupational Classification;

Or

B. You are authorized to work in Canada and the work you are doing while you live in Canada is included in a list of eligible occupations in participating provinces.

In each of the above cases, your spouse’s permit will be valid for the same period as yours.

If you are authorized to work in Canada and the work you are doing while you live in Canada is included in the list of eligible occupations below, your spouse or common-law partner may apply for an “open” work permit that will allow her or him to accept any job with any employer.

The following list describes the eligible occupations in their participating provinces.

Alberta

• Long Haul Truck Driver

This is a pilot project that will operate from August 17th, 2009 to July 30th, 2012. The qualifying work permits must be received within these dates.

Note: You must possess a letter of offer confirming your employment as a Long Haul Truck Driver.

Did you know that if you are between the ages of 18 and 35, you can work legally for up to one year anywhere in Canada?

Over 35,000 young participants from around the world travel and work in Canada with our program each year. 

Foreign Affairs and International Trade Canada has negotiated agreements with several countries and has partnered with various organizations. Through these agreements and partnerships, international young participants can easily obtain a temporary work permit and gain professional and personal experience in Canada.

Consult the list of participating countries to see if your country of origin has an agreement with Canada and click on your country name. You will be redirected to the Canadian embassy web page of your country where you will be able to look at the details of the specific program.

Working Holiday Program to Canada for New Zealanders

The Working Holiday Program (WHP) to Canada gives New Zealanders aged 18 – 35 an opportunity to experience travel, work and life in Canada.

Please be advised that the current (December 2010) processing time for W H P applications is six (6) weeks. 

Pilot Project for Occupations Requiring Lower Levels of Formal Training

Q: I have a work permit under an International Youth Exchange Program. Can I apply for a work permit extension under the Pilot Project?

A: Yes, if your employer has an approved LMO for the job offer. You can work for another 24 months under the Low Skill Pilot before you must leave Canada.

Temporary foreign workers returning to Canada

If you are a temporary foreign worker presently in Canada, and wish to leave for a short time (for example, to visit your home country) and then return to Canada, you should be aware of the following:

Temporary foreign workers who require both a temporary resident visa and a work permit

If you require a visa to enter Canada and a work permit to legally work, you may only re-enter Canada to work as long as both your visa and work permit are still valid when you return. Your passport must also be valid.

If your visa has expired but the work permit is still valid, you must apply for another temporary resident visa to return to Canada. If your work permit has expired, but your visa is still valid, you will need to apply for a new work permit. In both cases, you must apply for either a visa or a work permit at a visa office outside Canada before returning to Canada.

Your temporary resident visa, work permit and passport all need to be valid if you want to return to Canada to work. Otherwise you may be refused entry to Canada.

Temporary foreign workers who require only a work permit

If you do not require a temporary resident visa because you are a national of a visa-exempt country and you wish to return to Canada to work, you must have a valid work permit and passport when you return.

If your work permit has expired you will need to apply for a new work permit at a visa office outside of Canada before returning to Canada. You will also require a valid passport. Otherwise you may be refused entry to Canada.

How can I extend my stay as worker?

If you want to extend your stay in Canada, you should apply at least 30 days before your status expires.

Depending on your situation, you may need to use a different application form. For example, if you have a new job offer in Canada, you will need to apply for a new work permit. See Extending your stay as a worker for details.

Your employer may also need to apply for a new Labour Market Opinion (a document from Human Resources and Skills Development Canada which says your employer is allowed to hire you). See Extending a worker.

Temporary residents currently in Canada with valid student or temporary foreign worker status must submit their application for a new temporary resident visa to the Case Processing Pilot Office in Ottawa (CPP-O), or visa office that serves their country of nationality.

• If your work permit expires after you have submitted your application for an extension but before you receive a decision on your application, you can stay in Canada under what’s called implied status. That means the law implies you are a temporary resident. That status lasts until Citizenship and Immigration Canada (CIC) decides on your new permit application. However, you must respect the following requirements:

  If you applied for another work permit:

  • You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application, even if you have applied to extend your stay under another category of temporary resident.

  If you applied for a different kind of permit:

  • You cannot do any of the activities allowed by the original work permit. For example, you may have come to Canada as a worker and then applied for a study permit. If so, you must stop working once your work permit expires. After that, you cannot work or study until you get a new permit.
• If you have applied to extend your work permit and plan on traveling outside Canada while your application is in process, you can leave Canada and come back. However, one of three things will happen when you return to Canada:
  • You may be allowed to come back to Canada as a visitor, if Citizenship and Immigration Canada (CIC) has not yet decided to extend your work permit. If this is the case, you cannot work until you get your work permit extension. The officer at the port of entry may ask you to prove you have enough money to support yourself in Canada.
  • You may be allowed to come back to Canada as a worker, if the officer at the port of entry finds out that CIC extended your work permit while you were away.
  • You may be asked to apply for a new work permit at the port of entry.

  Note: It is possible that you will not be able to enter Canada. The final decision is made at the border by the border services officer.

See also How can I extend my stay as visitor? and How can I extend my stay as a student?

Implied status