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
IN THIS ISSUE: 10 Things employers need to know about employing temporary foreign workers by Andrea Baldwin, Michelle McCann and Sean Kelly. Landlords’ protection from mechanic’ (builders’) liens by Hugh Cameron and Lara MacDougall. The new Canada not-for-profit Corporations Act by Alanna Waberski, Sarah Almon and Kimberly Bungay. Download…
Read MoreOn January 31, 2014, The Office of the Superintendent of Insurance issued a bulletin in Nova Scotia. For 2014, the Minor Injury Cap for Nova Scotia is $8,213. This is a 1.4 per cent increase…
Read MoreIn the Federal Budget 2011, the Government of Canada stated that it would develop a new plan to support public infrastructure beyond the expiry of the 2007 Building Canada Plan in 2013-14. The Government has…
Read MoreCASL is a new federal law aimed at eliminating unsolicited and malicious electronic communications. Originally introduced in December 2010, the majority of CASL’s provisions will come into force on July 1, 2014. Once in effect,…
Read MoreThe Termination Meeting: A time and a place for everything The decision has been made, but the ship hasn’t yet sailed. Somebody has to deliver the bad news and as difficult as this might be,…
Read MoreClient Update: Consistent Use: The Collection of Union Members’ Personal Information by their Unions
The Public Service Labour Relations Board concluded that an employer was required to provide home contact information about bargaining unit members to the union which represents them because this information is needed by the union…
Read MoreIn preparing for the 2014 proxy season, you should be aware of some regulatory changes that may impact disclosure to and interactions with your shareholders. This update highlights what is new in the 2014 proxy…
Read MoreIn a decision released by the Supreme Court of Canada (“the Court”) on January 31, 2014, the Court clarified the law with respect to the tort of interference with economic relations by unlawful means. Joyce,…
Read MoreAs we move into 2014, we know our region’s employers will want to be aware of new legislation that has passed or could soon pass that may affect them. The following is what has become…
Read MoreWhat’s new? Our employer clients will be familiar with the Labour Standards Act, which sets out the employment standards applicable in Newfoundland and Labrador. Two amendments were made to the legislation this week, both of which…
Read More