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: A judge’s guide to settlement approval and contingency fee agreements in P.E.I.

July 25, 2013

In Wood v. Wood et al, 2013 PESC 11, a motion pursuant to Rule 7.08 of the Rules of Civil Procedure for court approval of a settlement involving a minor, Mr. Justice John K. Mitchell approved the settlement among the…

Read More

Client Update: Directors will be liable for unpaid wages and vacation pay

July 8, 2013

Clients who sit on boards of corporate employers should take note of recent amendments made to New Brunswick’s Employment Standards Act (the “ESA”) which could increase their exposure to personal liability in connection with claims advanced by…

Read More

Client Update: To B or Not To B? Potential Changes to PEI Auto Insurance

June 28, 2013

Significant changes may be coming to the standard automobile policy in PEI, including increases to the accident benefits available under Section B and an increase to the so-called “cap” applicable to claims for minor personal…

Read More

Client Update: Special Project Orders the next milestone for Muskrat Falls progress

June 21, 2013

On June 17, 2013, pursuant to the recently amended Section 70 of the Labour Relations Act for Newfoundland and Labrador (“NL”), the Government of Newfoundland and Labrador issued three Special Project Orders (“SPOs”) in respect of the…

Read More

Client Update: Hold your breath, SCC rules on random alcohol testing

June 17, 2013

On June 14, 2013, the Supreme Court of Canada (“the Court”) released the decision that employers across the country were waiting for. In CEP Local 30 v. Irving Pulp & Paper Ltd., 2013 SCC 34, a…

Read More

Client Update: Newfoundland and Labrador Aboriginal Consultation Policy

June 14, 2013

The Government of Newfoundland and Labrador (“NL”) has recently released its “Aboriginal Consultation Policy on Land and Resource Development Decisions” (the “Policy”). A copy of the Policy can be accessed here. This new Policy is the…

Read More

Spring 2013 Labour & Employment Atlantic Canada Legislative Update

June 11, 2013

The following is a province-by-province update of legislation from a busy 2013 spring session in Atlantic Canada. Watching these developments, we know the new legislation that has passed or could soon pass, will impact our…

Read More

Client Update: Jury Duty – Time to Think Twice

June 6, 2013

The integrity of the jury system has become a pressing topic for our courts of late, with articles about jury duty frequently appearing front and centre in the press. The recent message from the Nova…

Read More

Doing Business in Atlantic Canada (Summer 2013)(Canadian Lawyer magazine supplement)

June 2, 2013

IN THIS ISSUE: Cloud computing: House to navigate risky skies by Daniela Bassan and Michelle Chai Growing a startup by Clarence Bennett, Twila Reid and Nicholas Russon Knowing the lay of the land – Aboriginal rights and land claims in Labrador by Colm St. Roch Seviour and Steve Scruton Download…

Read More

Client Update: The Personal Health Information Act (PHIA) is coming…..

May 27, 2013

DOES IT APPLY TO YOU? On June 1, 2013, the Personal Health Information Act (PHIA) comes into force in Nova Scotia.  If you are involved in health care in Nova Scotia, you need to know whether PHIA…

Read More

Search Archive


Scroll To Top