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
Colin Piercey and Sam Ward During this unprecedented crisis, almost all businesses have been negatively affected. Some have been forced to shut down entirely while others have been severely curtailed in their ability to earn…
Read MoreDaniela Bassan, QC and Scott Pike The World Health Organization declared the COVID-19 outbreak as a pandemic on March 11, 2020. Bracing for the strain on health-care systems, authorities have enacted drastic measures designed to…
Read MoreIn volume 35 of the Canadian Intellectual Property Review, Halifax partner Daniela Bassan, QC, has published an article regarding notable cases in Canadian copyright law. Daniela’s piece reviews the key themes and trends from 2019,…
Read MoreChristopher Marr, TEP and Lauren Henderson Each year in New Brunswick, millions of dollars sit in limbo: unpaid wages, forgotten security deposits, overpayments to debt collectors, and benefits from estates, pensions and employee benefit plans,…
Read MoreAmid the COVID-19 pandemic, our Firm is focusing on business continuity, including supporting the business continuity of our clients. Practice innovation investments we have made help our business to continue “as usual” even when the…
Read MoreJohn Samms and Amanda Whitehead This article sets out to summarize the Newfoundland and Labrador Government’s announcements in respect of its latest response to the COVID-19 pandemic as of approximately 3:00 p.m. on March 19,…
Read MoreBrent McCumber, P.Eng. On March 18, 2020, the Government of Canada announced a significant economic response plan to mitigate the economic impact of COVID-19 on Canadians and businesses. While this $82 billion plan contains many…
Read MoreThe Federal Government just announced various COVID-19-related measures in its Canada’s Covid-19 Economic Response Plan: Support for Canadians and Businesses. The full statement can be found here. The following may be of particular interest to…
Read MoreBrian Johnston, QC and Jennifer Thompson In an effort to mitigate the spread of COVID-19 in Nova Scotia, Premier Stephen McNeil and Chief Medical Officer, Dr. Robert Strang have announced that all public sector employees…
Read MoreJennifer Thompson As employees and employers grapple with the practical implications of a potential COVID-19 outbreak, the Government of Canada has stepped up to the plate with an announcement of a $1 billion fund to…
Read More