Hiring a Temporary Foreign Worker
To address skill and workforce shortages, Canadian employers bring in over 90,000 temporary foreign employees each year. Here in Nova Scotia, where 92% of local companies have less than 20 employees, small businesses have to bear the brunt of these shortages alongside the larger corporations. As this issue deepens, temporary workers provide a great opportunity for employers to address their immediate labour needs throughout the province.
The federal departments of Citizenship and Immigration Canada (CIC) and Employment and Social Development Canada (ESDC) play a major role in the process of hiring temporary workers. They’ll decide if hiring the worker supports economic growth in Canada, and determine whether or not they’re eligible for a work permit.
There are generally four steps involved in hiring a temporary foreign worker. These will vary depending on the job offer, and the worker’s country of citizenship and last permanent residence.
Step 1: The Employer determines if a positive Labour Market Opinion (LMO) from Service Canada is required
A positive opinion is given when hiring a foreign worker does not have a negative effect on the Canadian labour market. Generally speaking, LMOs are required. However, some types of work are exempt due to special pilot programs or international agreements such as the North America Free Trade Agreement (NAFTA).
Step 2: The Employer applies for a LMO from Service Canada (if not required, go to Step 3)
In making their decision, Service Canada will consider whether:
- The job offer is genuine
- The wages and working conditions are comparable to those offered to Canadians working in the occupation
- Employers conducted reasonable efforts to hire or train Canadians for the job (the employer will likely need to provide proof of recruitment efforts)
- The foreign worker is filling a labour shortage
- The employment will directly create new job opportunities or help retain jobs for Canadians
- The foreign worker will transfer their knowledge and skills to Canadians
- Hiring of the foreign worker will not affect a labour dispute or the employment of any Canadian involved in such a dispute
Step 3: The Employer selects and hires a foreign worker
It’s the employer’s job to recruit, interview and hire a suitable foreign worker who meets the job requirements, and to provide a job offer which meets prevailing wage rates and labour standards.
Once Service Canada provides a positive LMO and approves the job offer, the employer sends a copy of the LMO and a letter of employment to the foreign worker so that he/she may apply for a work permit.
Step 4: The Worker applies to CIC for a work permit
The foreign worker will likely need a work permit to work legally in Canada. The work permit is typically specific to the employer making the job offer.
In most cases, the worker must apply for a work permit from outside of Canada at a visa office serving their country of nationality or legal residence. Some workers, such as those from the US, can apply for the work permit at a Canadian port of entry, providing they have the necessary documentation.
Depending on current citizenship or place of residence, a temporary resident visa may be required in addition to a work permit. If this is the case, a visa officer will process your application for a temporary resident visa at the same time. You do not need a separate application.
Workers from certain countries or working in certain occupations (e.g., teaching, health care) may also require a medical exam before their work permit is granted.
Note: Temporary foreign workers have the same rights and responsibilities in the workplace as any other Nova Scotian. It is the duty of the employer to ensure that the worker receives the proper training and orientation. Be aware of Nova Scotia’s legislation and regulations related to employment rights and to health and safety.