The simplified LMIAs eligible job list for 2023 is released by Quebec’s minister of immigration. LMIAs are required by employers intending to hire temporary foreign workers. In these documents, the hiring of a temporary foreign worker is evaluated to determine whether it will have a negative impact on Canada’s labor market, and ideally, whether it will have a positive impact.
Government of Quebec officials have updated the list of job titles eligible for simplified LMIAs. These job titles apply to all regions of Quebec and only to salaried workers. More than 100 job titles have been added in the last two years. It brings the total count to more than 300 in 2023, compared to 181 in 2021. While determining the eligible job titles, the government claims to take into account labor needs across all regions.
A transitional grace period has been granted to Quebec companies and their representatives since the occupation list for 2023 entered into effect on February 24. As long as applications are submitted during this timeframe. They can be reviewed using the list of occupations eligible for LMIA. March 24, 2023, marks the end of the interim period.
Compared to the rest of Canada, how do LMIAs differ in Quebec?
Quebec employers must get approval from both the federal and provincial governments before applying for the LMIA. Due to this requirement, Quebec-based candidates for the LMIA must “simultaneously submit LMIA applications” to both governments.
Quebec and the Canadian governments must be notified concurrently so that applications can be accepted.
Simplified LMIAs job list for 2023 – Changes to LMIA in accordance with NOC 2021
IRCC has switched from using NOC 2016 to NOC 2021 since the last Quebec occupation list was updated in 2022. Starting from November 16, 2022, all LMIA applications will be evaluated based on the NOC 2021 system. The updated NOC 2021 system will be used to process all applications as it is currently in March 2023.
Quebec’s simplified LMIA eligibility conditions
Using a simplified LMIA, employers in Quebec must satisfy three general requirements before employing foreign workers.
Ensure that working conditions are competitive
Employers in Quebec must ensure that foreign workers receive comparable working conditions, including wage levels, to Canadian citizens or permanent residents performing similar jobs within the same industry. It is also important that employers describe the job they are offering in their LMIA applications in a way that accurately reflects the conditions and requirements of other workers in the same industry.
Adhere to laws and regulations
Employers must prove their business meets the following requirements to qualify for a simplified LMIA.
A simplified LMIA is available for employers in Quebec who meet financial and material criteria and have a business located in Quebec. An applicant may also be barred from applying if he or she has been convicted of any of the offenses listed in Quebec’s immigration regulations under section 99 within two years of submitting an application. In addition, the job offered must fill a genuine need for labor in Quebec and must not adversely affect its labor market.
Insurance coverage for healthcare
As part of their obligations to workers, Quebec employers must provide free medical coverage, including urgent care, for as long as they are not eligible for coverage under the RAMQ – (Régie de l’assurance maladie du Québec).
Low-wage positions in Quebec: Additional eligibility criteria
Housing
It is necessary for employers to satisfy three additional requirements in order to offer jobs lower than the median wage in Quebec, which is $25 per hour.
Transportation
In order for temporary workers to be able to travel from their country of origin to their place of employment in Quebec. Employers must bear the expenses associated with round-trip airfare.
Health insurance
Additionally to the health insurance requirements noted earlier, RAMQ plans must be equivalent to low-wage employees’ coverage until they are deemed eligible for RAMQ coverage.
Exclusions from LMIA processing
The following categories of employment are not eligible for simplified LMIA processing:
- Positions where the temporary worker will be able to make business decisions.
- Rather than fulfilling the employer’s labor requirements, third-party clients, individuals, or public bodies hire workers.
- Occupational activities that may interfere with the settlement of an ongoing labor dispute (strike).
- People who may be harmed by labor disputes or are at risk of being harmed by them.
- Conflicting jobs with Quebec’s Labor Code Chapter C-27.
- Temporary foreign workers cannot be employed in industries eligible for the program.
