LMIA recruitment tracking
Included in Beyond the border: Immigration update – February 2022
Employers applying for Labour Market Impact Assessment (“LMIA”) applications generally must complete advertising and recruitment as part of this application. The minimum advertising requirements for LMIA applications require that employers advertise for at least four weeks using at least three different methods in the three-month period directly before applying for the LMIA. The purpose of this advertising and recruitment is to determine whether there are any suitably qualified Canadian citizens or permanent residents available to fill the position.
When completing the recruitment portion of the LMIA, employers must review all applications received from Canadians and permanent residents to determine whether any of the candidates meet the requirements for the position. This requires that the employer reviews and tracks all applications received and keeps notes on the applicant’s suitability including their qualifications, whether they were interviewed, and why they were or were not suitable for the position. The results of the recruitment must be provided as part of the LMIA application submitted to Service Canada. The employer must also keep records of their recruitment and advertising efforts for a minimum of six years after completing the LMIA as required by Service Canada.
As recruitment forms an integral role in the LMIA process, it is important that employers are properly recording their recruitment efforts and retaining this information. We recommend that employers prepare a chart to track this information as it will help demonstrate that all recruitment requirements were properly completed. We also recommend that employers begin reviewing applications as they are received to avoid any delays that could be caused by waiting until the required advertising period is completed to begin this review. An example of the recruitment tracking chart is provided below.
Recruitment Chart |
|||
Candidate # | Interviewed? | Qualifications | Comments on Suitability for Position |
This client update is provided for general information only and does not constitute legal advice. If you have any questions about the above, please contact a member of our Immigration group.
Click here to subscribe to Stewart McKelvey Thought Leadership.
Archive
We are pleased to present the tenth issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. As we settle into a summer having rounded out the end of another…
Read MoreMurray Murphy and Kate Profit Changes to Prince Edward Island’s Employment Standards Act (“ESA”) regarding pay transparency received royal assent on November 17, 2021 and has recently come into force as of June 1, 2022.…
Read MoreMichelle Chai & Jennifer Taylor1 A recent Ontario case offers insight on when the limitation period starts to run for an action against a disability insurer. In Kumarasamy v Western Life Assurance Company, the…
Read MoreLevel Chan and Annelise Harnanan Background On May 13, 2022 the Canadian Association of Pension Supervisory Authorities (CAPSA) released and invited feedback on a Consultation Draft of revisions to CAPSA Guideline No. 3 – Guidelines…
Read MoreRichard Niedermayer, QC, TEP, Sarah Almon, TEP, and Madeleine Coats Updated: July 7, 2022 Long-awaited amendments to the Province’s currently short-and-sweet Powers of Attorney Act1 received Royal Assent on Friday, April 22, 2022. The amended Powers of Attorney…
Read MoreJacob Zelman and Kate Profit Prince Edward Island’s Non-Disclosure Agreements Act (“Act”) received royal assent on November 17, 2021 and is set to come into force on May 17, 2022. The purpose of the Act…
Read MoreChad Sullivan and Tiffany Primmer Increasingly, employers are finding themselves faced with addressing the uncomfortable situation of an employee who has shared an intimate image of another employee. While not directly applicable to what an…
Read MoreBrian Tabor, QC and Eyoab Begashaw On April 8, 2022, the Nova Scotia Department of Finance and Treasury Board (Provincial Tax Policy and Administration Division) released the Provincial Non-Resident Deed Transfer Tax Guidelines (“Guidelines”) with…
Read MoreDante Manna and Hannah Brison Background The Office of the Superintendent of Financial Institutions (“OSFI”) is seeking feedback from stakeholders on its March 2022 Consultation Paper (“Consultation Paper”), which introduces proposed pension investment risk management…
Read MoreJulie Morris COVID-19 has caused many employers to be “caught between a rock and a hard place” – particularly when it comes to managing employee vaccination and attendance at work. Arbitrator Augustus Richardson used this…
Read More