Temporary Foreign Worker Program

Elimination of the Foreign Worker Application to Extend a Labour Market Opinion

Effective April 27, 2009, all employers participating in the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D), Exotic Dancer, and high-skilled Program streams will be required to submit a new Labour Market Opinion (LMO) application. The application to extend a LMO will be removed from circulation and all references to LMO extensions will be removed from communications and outreach materials.

In cases where employers anticipate that their human resource needs will continue beyond the period covered by the temporary foreign worker’s work permit, employers are requested to apply for a new LMO four months prior to the expiry to ensure that ample time exists for the processing of the new LMO and, if authorized, the subsequent work permit request.

Proof of Past Compliance

Upon the submission of a new LMO application, a return employer participating in the Live-In Caregiver Program, the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D), Exotic Dancer, and high-skilled Program streams may be asked to demonstrate proof of past compliance with the terms of previous offers of employment to temporary foreign workers (e.g. wages and working conditions). Unless requested by Human Resources and Skills Development Canada (HRSDC)/Service Canada, employers are not required to submit proof of compliance with their LMO application.

Information about compliance with the terms of previous offers of employment to temporary foreign workers can assist the Service Canada officer in determining whether the new offer of employment will be respected. A negative LMO could be issued if a return employer refuses to demonstrate proof of compliance with terms of previous offers of employment.

In cases where it appears that a return employer has not fully respected the terms of a previous offer of employment to a temporary foreign worker, the Service Canada officer will work with the employer to help them understand and uphold their responsibilities by suggesting appropriate corrective measures. A negative LMO can be issued if a return employer is not willing to undertake and demonstrate that the necessary corrective measures requested by Service Canada were carried-out.

Employers are also reminded that, upon receipt from an employer of a request for an LMO, HRSDC/Service Canada is mandated pursuant to section 203 of the Immigration and Refugee Protection Regulations to assess the impact that the hiring of the temporary foreign worker is likely to have on the Canadian labour market. In making this assessment, HRSDC/Service Canada considers such factors as: whether the employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens or Permanent Residents; whether the employment of the foreign national is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian Citizens or permanent residents; whether the employment of the foreign national is likely to fill a labour shortage; whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally acceptable Canadian standards; whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian Citizens or permanent residents; and, whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress, or the employment of any person involved in the dispute.

For further information, 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...

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