Recently the Quebec Ministry of Immigration released the updated occupations list eligible for facilitated LMIA, Labour Market Impact Assessment processing.
Employers who plan to hire temporary foreign workers for their business must obtain the LIMAs. The government created these documents to evaluate the temporary foreign worker hiring and confirm that the worker’s employment will either have a positive or neutral impact on the labor market of Canada.
As per the Quebec Government, the updated list applies to the overall Quebec and considers the labor needs of all regions. Further, the list affects salaried workers, not self-employed workers.
It’s notable that the jobs list eligible for LMIAs has hiked over 100 occupations in the last two years. The 2023 jobs list eligible for LMIAs now comprises 300 job titles, which were 181 in 2021.
Note: The Quebec job list for 2023 was released on February 24, 2023, but Quebec employers are granted a transitional period which will conclude on March 24, 2023.
During this grace period, the employers and their representatives may examine the LMIA applications based on the eligible occupation list of last year.
The difference between Quebec LMIAs compared to the rest of Canada
As compared to the rest of Canada, the LMIAs vary in Quebec. The provincial and federal governments must approve the LMIA applications created by employers in Quebec.
Thus, LMIA applicants for the Quebec region must submit an LMIA application to both the government (Provincial and federal governments) simultaneously along with the required documents.
The government will reject the applications that are not submitted to both governments simultaneously.
Changes to LMIA in accordance with NOC 2021
Immigration, Refugee, and Citizenship Canada (IRCC) has moved from the NOC 2016 system (National Occupation Classification) to the latest NOC 2021 version since the last update of the 2022 occupation list of Quebec.
As per this transition, Quebec Government reported that the LMIA applications received on November 16, 2022, and after will be processed as per the NOC 2021.
Accordingly, Now in March 2023, the LIMA applications will be processed using the latest NOC 2021 system.
Eligibility criteria for LMIA processing in Quebec
The Quebec province specifies the eligibility criteria that must be fulfilled by all employers who are aiming to hire foreign workers via a simplified LMIA.
1. Competitive working conditions
Quebec employers must provide a standard working environment, from working conditions to salaries to their workers. The working environment must be similar to what is offered to a Canadian citizen or a Canadian PR for a similar job in that sector.
Employers are required to define the job offered in their LMIA application in a manner that can portray the conditions and prerequisites of workers that are already working in that particular field.
2. Follow the rules and regulations
Employers who are aiming for an LMIA with simplified processing must verify that their corporation or business:
- It is situated in Quebec
- Is able to satisfy all the financial and material requirements offered in the job offer
- Is providing a job that satisfies the worker’s needs
- Is providing a job that doesn’t negatively affect the labor market of the province
- Is free from any convictions for violations and crimes listed in section 99 of the immigration regulations of Quebec (from the past two years to the application submission date)
3. Health insurance facility
Last but not least, Quebec employers must offer free medical insurance or medical coverage to the workers, even emergency care until
until the employed person qualifies for coverage through the Régie de l’assurance maladie du Québec (RAMQ).
Other eligibility conditions for Quebec’s low-wage jobs
Along with the eligibility conditions mentioned earlier, employers providing low-wage jobs to their workers whose hourly pay is lower than ($25) in Quebec’s Median must satisfy the below-stated requirements.
1. Housing
Employers must either provide housing facilities to their workers or help them find affordable houses for their stay.
2. Transportation
Employers must pay all the travel costs (round-trip plane tickets) that a temporary worker requires to travel from their country to their working place in Quebec.
3. Health insurance
The employer must support the low-wage worker’s coverage equal to the RXMQ plan until they qualify for the RAMQ coverage, along with the above health insurance conditions.
Exclusions from the Simplified LMIA processing
Employment in the following fields is not eligible for simplified LMIA processing:
- Jobs that “will be filled by a temporary employee who exercises authority over the business
- Employment that suits the labor needs of a third-party client, individual, or public agency rather than the employer
- Jobs that interfere with or are probable to interfere with an ongoing labor dispute resolution or strike at the place
- Jobs that cause damage to or are possible to cause harm to any person impacted by a labor dispute
- Jobs that contradict Quebec’s Labor Code’s chapter C-27
- Jobs that are in the sector that are not eligible for the Temporary Foreign Worker Program
