Temporary Foreign Worker Program

Minimum Advertising Requirements

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

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

NOC O and A Occupations

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

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

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.

NOC B Occupations

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

• Advertise on the national Job Bank (or the equivalent in Saskatchewan or the Northwest Territories) 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, newsletters or national newspapers or by consulting unions or professional associations).

The advertisement must include the company operating name, business address, wage range (i.e. an accurate range of wages being offered to Canadians and permanent residents) and reference to benefits packages being offered. The wage range must always include the prevailing wage for the position.

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.

NOC C and D Occupations (including seasonal agricultural workers)

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

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

The advertisement must include the company operating name, business address, wage range (i.e. an accurate range of wages being offered to Canadians and permanent residents) and reference to benefits packages being offered. The wage range must always include the prevailing wage for the position.

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 for live-in caregivers and occupations in the province of Quebec vary slightly.

Wage Rate

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, and include reference to benefits packages being offered. The wage range must always include the prevailing wage for the position.  For purposes of the Temporary Foreign Worker Program, 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.

These requirements apply to the regular LMO process and the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D). They do not apply to the Expedited Labour Market Opinion Pilot Project. Employers wishing to offer the collective agreement wage must apply under the regular LMO process.

In addition, 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.

Additional Advertisement Efforts

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, contact your Service Canada Centre.  

Proof of Advertisement

You must be prepared to demonstrate that you meet the advertising requirements by providing proof of advertisement and the results of your efforts to recruit Canadians or permanent residents as part of the LMO process (e.g., information on the qualifications of Canadian applicants and why they were rejected). Records of your efforts should be kept for a minimum of six (6) years, as stipulated in certain provincial and federal legislations, such as the Income Tax Act.

For additional information on minimum advertising requirements, contact your Service Canada Centre.

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

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

To hire seasonal agricultural workers...

To hire live-in caregivers...

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