Skip to content

LMIA recruitment tracking

Included in Beyond the border: Immigration update – February 2022


Brendan Sheridan

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.

SHARE

Archive

Search Archive


 
 

Client Update: Requirement to register as a mortgage brokerage and mortgage administrator in New Brunswick

July 7, 2016

On April 1, 2016 New Brunswick’s Mortgage Brokers Act came into force, requiring businesses acting as mortgage brokerages or as mortgage administrators in New Brunswick to be licensed. A mortgage brokerage is a business that on behalf…

Read More

Copyright does not monopolize facts – documentary filmmakers’ claim against book author and publisher fails

June 29, 2016

In May 2016, the Federal Court of Canada confirmed that copyright does not protect facts, even where a book’s author is clearly inspired by the content of a film (Maltz v. Witterick, 2016 FC 524 (CanLII)).…

Read More

Solicitor-client privilege vs the Canada Revenue Agency: the SCC speaks

June 10, 2016

By Jennifer Taylor “…firms of notaries or lawyers…must not be turned into archives for the tax authorities”1 So says the Supreme Court of Canada in one of two highly anticipated decisions on solicitor-client privilege, offering lawyers…

Read More

Why can’t we be friends?: Lessons on corporate dissolution from Smith v. Hillier

May 30, 2016

Joe Thorne1 and Clara Linegar2 As joint owners of a business, what do you do when the business relationship falls apart? And what if one owner undermines the business in the process? In Smith v Hillier,3 Justice Paquette…

Read More

Client Update: Supreme Court of Canada dismisses appeals in punitive damages cases

May 26, 2016

The Supreme Court of Canada has dismissed the appeals in Bruce Brine v. Industrial Alliance Insurance and Financial Services Inc.1 (with costs) and Luciano Branco, et al. v. Zurich Life Insurance Company Limited, et al.(without costs). Both of…

Read More

Client Update: Pension update: Countdown to Nova Scotia Pooled Registered Pension Plans

May 17, 2016

On May 4, 2016, the Nova Scotia Pooled Registered Pension Plans Act (“PRPP Act”) was proclaimed in force, and finalized Pooled Registered Pension Plan Regulations were released. While there were no major changes from the previously released draft regulations, the proposed rules…

Read More

Pension Primer: Pooled Registered Pension Plans (“PRPPs”) in Nova Scotia

April 22, 2016

By Level Chan and Dante Manna Pooled Registered Pension Plans (“PRPPs”) are closer to becoming a reality for Nova Scotian employers. PRPPs were established by the Federal government in an effort to address the lack of retirement savings…

Read More

Client Update: Perrin v Blake reaffirms the law on contributory negligence and recovery of damages

April 14, 2016

In a case where there is a contributorily negligent plaintiff and two or more negligent defendants, can the plaintiff recover 100% of her damages from any of the defendants? The answer in Nova Scotia is…

Read More

Client Update: Interest arbitration changes for New Brunswick postponed for further study

April 11, 2016

On Friday, the Province of New Brunswick announced that it would not proceed at this time with the recently proposed changes to binding interest arbitration. The Province announced that a joint labour management committee will be struck to examine…

Read More

Client Update: Universal interest arbitration proposed for New Brunswick

April 5, 2016

On March 29, 2016, the Province of New Brunswick tabled proposed changes to the Industrial Relations Act and the Public Services Labour Relations Act. If passed, these changes would dramatically alter well-established principles of private sector collective bargaining.…

Read More

Search Archive


Scroll To Top