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
The Island Regulatory and Appeals Commission (the “Commission”) has issued a holiday reminder to municipalities in Prince Edward Island about the importance of preparation, accuracy, and transparency when making decisions related to land use and…
Read MoreBy Brian G. Johnston, QC On the same day that the Nova Scotia government announced its projected deficit had ballooned to $241 million, it also introduced Bill 148, the Public Services Sustainability (2015) Act (“Act”). The stated purposes…
Read MoreBy Jennifer Taylor – Research Lawyer Nova Scotia’s Cyber-safety Act1 is no more, after a successful Charterchallenge to the legislation. In Crouch v Snell, 2015 NSSC 340, Justice McDougall of the Supreme Court of Nova Scotia found the entire statute—enacted in…
Read MoreBy Jennifer Taylor Introduction: Did Ontario have jurisdiction? Arguments about access to justice are not enough to oust the general principles of jurisdiction, according to a recent Ontario case. In Forsythe v Westfall, 2015 ONCA 810, the…
Read MorePART I: THE NSCA DECISION IN BRINE “Disability insurance is a peace of mind contract”: that’s the opening line of the Nova Scotia Court of Appeal’s long-awaited decision in Industrial Alliance Insurance and Financial Services Inc…
Read MoreThe taxation of estates, testamentary trusts and certain “life interest trusts” such as alter ego, joint partner and spousal trusts, and the rules for charitable donations made on death through an estate are changing significantly…
Read MoreSeveral important changes in the tax rules that apply to charitable gifts will be coming into effect in the near future. Some of the new rules take effect in 2016, and others will apply beginning…
Read MoreTHE EDITORS’ CORNER Michelle Black and Sean Kelly Trick, Treat or … Taunt? Workplace Bullying and Harassment Fall has arrived! The leaves are changing colours, families are stockpiling Halloween candy (some of which will actually last long…
Read MoreBy Jennifer Taylor – Research Lawyer With the federal election just days away, voting is on Canadians’ minds. This will be the first election conducted in accordance with the Fair Elections Act, SC 2014, c 12 [“FEA”] which…
Read MoreBy Jennifer Taylor Introduction There is now a Nova Scotia decision on the interplay between the provincial Builders’ Lien Act and the federal Bankruptcy and Insolvency Act (“BIA”) in the interesting context of trusts. In Re Kel-Greg Homes Inc, Justice Rosinski…
Read More