Esdc Emp5512 (2014 09 012) e
Esdc Emp5512 (2014 09 012) e
Esdc Emp5512 (2014 09 012) e
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Emploi et
Dveloppement social Canada
A person, who contravenes a provision set out under sections 126 or 127 of the Immigration and Refugee Protection Act
(misrepresentation), could be liable to a fine or to imprisonment, or to both. Also, providing inaccurate information, in the context
of this application, may lead to an administrative penalty such as being ineligible to access the Program for a period of two years.
BUSINESS INFORMATION
1. Employer ID # (if applicable):
6. City:
7. Province/State:
8. Country:
9. Postal/Zip Code:
12. City:
13. Province/State:
14. Country:
sole proprietor
Other, specify:
No
Not applicable
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Middle
Last
Ext:
26. E-mail:
French
Note:
In some provinces/territories it is mandatory to be registered in order to
recruit temporary foreign workers on behalf of an employer. For more
information visit:
www.esdc.gc.ca/eng/jobs/foreign_workers/lower_skilled/index.shtml
4. Are you appointing a third-party to represent you in completing this LMIA
application form or to provide advice in an immigration process?
No
Yes If yes, complete Schedule A Third-party representative
6. A number of provinces/territories prohibit the charging of recruitment fees to temporary foreign workers for the purpose of securing a job offer. Have you the
employer or any other third-party in connection to this job offer received payment from the temporary foreign worker(s) to secure this offer of employment?
Yes
No
BUSINESS DETAILS
1. Number of employees currently employed nationally under this Canada Revenue Agency Business number (e.g. 5 franchises are covered by the business
number and there are a total of 100 employees):
2. Total number of employees currently employed at the work location specified on this form:
3. Total number of Canadian/permanent resident employees at the work location specified on this form:
4. Total number of employees (including Canadians/permanent residents and TFW) working in this occupation at this work location:
5. What is the wage range for these employees (including Canadians/permanent residents and TFWs) working in this occupation at this work location?
Lowest-wage: $
/hour
Highest-wage: $
/hour
OR
there are no employees currently working in this occupation at this work location
Note:
The wage range should be from the last 2 pay periods that have occurred within the 6 weeks prior to submitting the application.
6. Total number of TFWs (as a result of receiving a positive LMIA, formerly known as a labour market opinion or LMO) at the work location specified on this form:
7. Did you employ a TFW (as the result of receiving a positive LMIA) in the last two years, prior to December 31, 2013?
No
Yes
If YES did you provide all TFWs employed by you in the last two years with wages, working conditions and employment in an occupation that were
substantially the same as those that were described in the offer(s) of employment (and confirmed in the LMIA letter(s) and annexe(s))?
Yes
No
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8. Have you applied for and received a positive LMIA on or after December 31, 2013, and employed a TFW in that position?
No
Yes
If YES did you provide all TFWs employed by you, on LMIAs received on or after December 31, 2013, with employment in the same occupation as
described in the offer(s) of employment (and confirmed in the LMIA letter(s) and annexe(s)) and with substantially the same wages and working
conditions - but not less favourable than- those set out in that offer(s) of employment (and confirmed in the LMIA letter(s) and annexe(s))?
Yes
No
Note:
Employers should be aware that with recent changes to the Immigration and Refugee Protection Regulations, the look back period has changed from 2 to 6
years. However, this change is not retroactive and, therefore will not be fully implemented until January 2020.
9. Have you had an LMIA (formerly known as a labour market opinion or LMO) revoked within the previous 2 years from the date you submitted this application?
No
Yes
If YES was the LMIA revoked because you had provided false, misleading or inaccurate information in the context of a request for an opinion?
No
Yes
Date (YYYY-MM-DD):
If the public policy considerations that justified the revocation are no longer relevant, please provide a detailed explanation:
days
weeks
months
years
5. Provide the exact work location where the TFW will be working (number and street address):
6. City:
7. Province:
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8. Postal Code:
Doctor of Medicine
Masters degree
Bachelors degree
Apprenticeship diploma/certificate
Trade diploma/certificate
Secondary school
French
English or French
French
English or French
The offer of employment requires the ability to communicate in a language other than English or French.
If this option is selected, identify the specific language needed and clearly describe why this is a bona fide employment requirement for performing
the duties associated with the employment. If insufficient space, attach a separate signed and dated sheet.
Number of hours
per day
per year
Total number of
hours per week
Total number of
hours per month
starts after
14. Benefits:
Disability insurance
Dental insurance
Pension
or
Remuneration:
(% of gross salary)
If no, please indicate the anticipated period of time to acquire all the required credential(s) after starting work in Canada:
days
Yes
weeks
months
If yes, the TFW must have proof that he/she already has all the required credential(s).
Note:
Securing the necessary documents to practice in Canada is the employer's and the worker's responsibility. CIC must be satisfied that the skilled workers are
capable of performing the employment being offered to them. CIC will check to ensure the skilled workers hold the required certification, or license to practice
in a regulated occupation in Canada. If the applicant is not certified or licensed, CIC will assess whether the applicant is likely to qualify for licensing/
certification when in Canada.
ESDC EMP5512 (2014-09-012) E
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Yes
Yes If yes, what is the position of the union? Provide details. Attach documentation, if available:
17. Have you attempted to recruit Canadians/permanent residents for this job?
No
If no, explain:
Yes
If yes, you must provide proof of recruitment (e.g. copy of advertisements and information to support where, when and for how long the
position was advertised).
In addition, if you advertised on the Job Bank (or the provincial/territorial equivalent), provide the order number:
18. What are the potential benefits to the Canadian labour market for offering this job to a TFW(s)?
Development or transfer of skills and knowledge
Direct job creation or retention of Canadians/
Filling a labour shortage
for the benefit of Canadians/permanent residents
permanent residents
Provide details:
19. Provide a rationale for the job offer you are making to the TFW(s) and describe how this will meet your employment needs:
20. Do you plan to hire or train Canadians/permanent residents for the position(s) for which you are requesting an opinion?
No
If no explain:
Yes
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Other
21. Will you provide the temporary foreign worker with suitable and affordable accommodation?
No, but I will assist by doing the following:
Yes
per week or
You must provide a brief summary of the results of the activities you conducted to meet the minimum recruitment and advertisement requirements to
apply for an opinion.
2. Number of Canadian/permanent resident applicants interviewed:
1. Number of applications/resumes received from Canadians/permanent
residents:
3. Number of Canadians/permanent residents offered the position:
7. For each unsuitable Canadian/permanent resident applicant, provide an explanation as to why the candidate did not meet the requirements of the position, if
necessary, attach a separate sheet. However, do not provide the names of the candidates (e.g. applicant #1 poor references, applicant #2 unable to speak
English at a level to be able serve customers in a fast-paced restaurant).
$24.23
Nunavut
$29.96
British Columbia
$21.79
Ontario
$21.00
Manitoba
$19.00
$17.26
New Brunswick
$17.79
Quebec
$20.00
$20.19
Saskatchewan
$21.63
Northwest Territories
$32.53
Yukon
$27.93
Nova Scotia
$18.00
Is the wage you are offering for the position at or above the provincial/territorial median hourly wage in the province/territory where the job is
located?
No
Yes
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If no, you are subject to a maximum cap of 10% for low-wage TFWs.
Skip to the Section Calculating the Effect of hiring the TFWs requested on this LMIA on the cap.
Yes
If yes, have you calculated the cap for the location specified on this application?
Yes
No
Calculating the Effect of hiring the TFWs requested on this LMIA on the cap
The following questions will determine the effect that the TFWs being requested will have on the cap established for the job location specified on this LMIA.
1. [A] Total number of all the hours of work for all employees at the work location (including overtime and all positions staffed by
Canadians, permanent residents, current TFWs and all other workers on open work permits, student visas, etc.) for the
previous 4 consecutive weeks prior to the application being submitted. Do not include any current TFWs, whose work permits
are expiring within the next 90 days and will not be renewed:
2. [B] Calculate the average weekly hours worked, at the specified location:
A4=
3. [C] Total number of all the hours of work (including overtime) for all TFWs, who are currently employed in low-wage
positions, at the specified work location, for the previous 4 consecutive weeks, prior to the application being submitted.
Do not include any current low-wage TFWs, whose work permits are expiring within the next 90 days and will not be
renewed:
4. [D] Calculate the average weekly hours of work for the TFWs, who are currently employed in low-wage positions at the
specified work location:
C4=
5. [E] Provide the total weekly hours of the low-wage TFWs applied for on this application:
Note:
If the TFW(s) currently works in another low-wage position at this location their weekly hours should not be counted here as they
would be counted in question 3 above.
6. [F] Provide the total weekly hours of all low-wage TFWs you have applied to hire at this location that have not started work
(include pending LMIA applications and previously confirmed LMIAs)
7. [G] Calculate the percentage of low-wage TFWs:
8.
Enter the cap that has been established for the specified work location (Refer to Schedule E, Box 7 under the
Establishing the Cap section):
The Transition Plan is a mandatory requirement for all employers applying to hire TFWs, and who are offering a wage that is at or above the provincial/territorial
median hourly wage.
Employers meeting this criterion must complete Schedule C Employer Transition Plan.
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Yes
If yes, provide a summary of the impact of hiring these temporary foreign workers, on your workforce (e.g. lay-offs, relocation) and the Canadian workforce more
generally.
2. Is this job offer related to an activity, contract or a subcontract that will facilitate outsourcing or offshoring?
No, go to the next section, under the heading FOREIGN WORKER INFORMATION
Yes
a.) Provide a summary of the contractual arrangement between the employer of record and the company receiving services including (but not limited to)
information on: the purpose and scope of the project, the project timelines, the expertise required, and the number of Canadians/permanent residents
working on the project.
b.) Provide details on how Canadians/permanent residents with whom you have a contractual arrangement for services will be positively and/or negatively
affected by this arrangement? (e.g. lay-offs, relocation, displacement, promotions, restructuring, transfer of skills and/or knowledge)
c.) As part of this contractual arrangement, have you hired any TFW through any work permit-exempt or Labour Market Impact Assessment exempt
processing stream?
No
Yes
c-i.) Provide details on efforts in the past two years to hire and/or train Canadians/permanent residents for positions where a TFW has entered
under a work permit-exemption or Labour Market Impact Assessment-exemption?
c-ii.) Provide a summary of the impact of hiring these TFWs on Canadians/permanent resident workers within the company receiving services
under this contractual arrangement (e.g. lay-offs, relocation, etc.).
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employer to provide ESDC/Service Canada with the names of the TFWs; and
TFWs to submit an application for a work permit to Citizenship and Immigration Canada.
1. Surname (family name) as shown on the passport:
3. Gender
Male
City:
Female
6. Citizenship(s):
7. If the TFW is currently in Canada, please indicate his/her location (city and province) and immigration status:
City:
Status:
Province:
Visitor
Refugee Claimant
Student
DECLARATION OF EMPLOYER
I am an unincorporated employer, sole proprietor or partnership.
Yes
No
Yes
No
Check each box to declare that you comply (or will comply) with the statements below. If you are unable to check a
statement, Service Canada staff will request additional information, prior to issuing an opinion.
I certify that I am an employer who does not, on a regular basis, offer strip tease, erotic dance, escort services or erotic massages.
I understand that any LMIA application from an employer, who offers these services on a regular basis, will not be processed.
I certify that I am actively engaged in the business in respect of which the offer of employment is made and understand that I must
remain so during the period of employment for which the work permit is issued to the TFW(s).
I certify that the offer is consistent with my reasonable employment needs.
I certify that I am reasonably able to fulfill the terms of the employment offer.
I certify that I am compliant with, and will comply with the federal/provincial/territorial laws that regulate employment, and the
recruiting of employees, in the province/territory in which it is intended that the TFW(s) work and, if applicable, with the terms and
conditions of any collective agreement.
I certify that all recruitment done or that may be done on my behalf, by a third-party was, and will be, in compliance with federal/
provincial/territorial laws governing recruitment. I acknowledge and understand that I will be held accountable for the actions of any
third-party recruiting TFWs on my behalf.
I certify that I am aware of the published recruitment and advertising requirements of the TFW Program. I am, and will continue to
be, compliant with these requirements and I can provide proof upon request.
I certify that the employment of a TFW will not adversely affect the settlement of any labour dispute in progress or the employment
of any person involved in the dispute, should there be an ongoing or pending labour dispute at my business. I will inform Service
Canada in the case one should develop.
I will comply with the prevailing wage requirements and I agree to review and adjust, when applicable, the TFW(s) wages, at least
annually, to ensure he/she continues to receive the prevailing wage for the occupation and region where he/she is employed.
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I certify that I will make reasonable efforts to provide a workplace that is free of abuse which includes physical, sexual,
psychological or financial abuse.
I certify that I will provide the TFW(s) with employment in the same occupation as that set out in the TFWs offer of employment
and with wages and working conditions that are substantially the same as but not less favourable than those set out in the
LMIA letter and annex A.
I have signed and enclosed a copy of the employment contract related to the job offer referred to in this LMIA application. I certify
that this offer of employment meets all Program requirements. The terms and conditions in the offer, including the wages, working
conditions, job duties and any benefits are (or will be adjusted to be) the same as those that will be described in the LMIA letter
and annexes.
I will retain a copy of the contract, related to the offer of employment, signed by all parties. I understand and agree that ESDC may
request a copy during an employer compliance review or an inspection.
I will pay all transportation costs for the TFW(s) to travel from their country of residence to the location of work in Canada and for
the return transportation to their country of residence. If the TFW is already in Canada, I will pay all transportation costs from their
residence in Canada to the location of work in Canada, and for the return transportation to their country of residence. I will not
recover, directly or indirectly, any of these costs from any TFW(s).
I will arrange and pay for private health insurance for the TFW(s), which is similar to provincial/territorial health care coverage, until
he/she is eligible for provincial/territorial health care insurance coverage (where applicable) and will not recover these costs from
the TFW.
I am in good standing with the applicable workers compensation program and I will register the TFW(s) under the appropriate
provincial/territorial workers compensation/workplace safety insurance plans, where available, or purchase, on-the-job injury or
illness insurance that provides the TFW(s) with protection similar to the one offered by the applicable provincial/territorial law. I will
not recover these costs from the TFW.
I agree that I will not recover any costs, directly or indirectly, associated with seeking for an LMIA from any TFW(s).
I acknowledge and understand that for a period of six years from the first day of employment of the TFW(s), I may be subject to an
inspection and I will retain any documents that relate to the LMIA application and the terms and conditions of the LMIA and
annexes.
If required, I will give all reasonable assistance to the officer conducting the inspection. I will attend interviews and on-site
inspections, answer questions, provide information and documentation that relate to the conditions I have agreed to, pertaining to
the LMIA letter and annexes.
I understand that should an on-site inspection be required for verification of compliance with the conditions stated on the LMIA
letter and annexes, that the inspections may take place at any premises or location where the TFW(s) perform(s) work and any
premises or place that the employer has provided to the TFW(s) as accommodations.
I will provide Service Canada with the names of the TFW(s) I intend to employ within six months from the date on the LMIA letter.
I declare that the employment of the TFW(s) is likely to have a positive or neutral effect on the Canadian labour market and will not
lead to job loss or reduction in work hours for any Canadian or permanent resident during the period of employment for which the
work permit is issued.
I agree to pay the total fee indicated in the Labour Market Impact Assessment Application - Processing Fee Payment section,
either by credit card or certified cheque/money order. I also acknowledge that if I do not submit my payment, my LMIA application
will not be processed. This attestation and the requirement to pay the processing fee are NOT applicable to employers who meet
the definition of on-farm primary agriculture and are hiring TFWs in the NOC codes: 8431, 8432 and 8611.
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SIGNATURE OF EMPLOYER
The individual signing this form must have authority for either the hiring or financial decisions of the organization (e.g. owner,
franchisee, general manager, or senior executive such as VP Human Resources).
I have read and I understand the Personal Information Collection Statement found at the beginning of this application.
I declare that the information provided in this Labour Market Impact Assessment application is true, accurate and complete.
Signature of Employer
Title of Employer
Date (YYYY-MM-DD)
A person, who contravenes a provision set out under sections 126 or 127 of the Immigration and Refugee Protection Act
(misrepresentation), could be liable to a fine or to imprisonment, or to both. Also, providing inaccurate information, in the context of
this application, may lead to an administrative penalty such as being ineligible to access the Program for a period of two years.
DOCUMENTATION REQUIRED
The boxes with check marks indicate the required documents that should be included with the application.
If a required document is not attached, please explain:
Documentation Required
Proof of recruitment (e.g. copy of advertisement and information to support where, when and for how long the position was advertised)
T2 Schedule 100 Balance Sheet Information (for corporations only 2 most recent returns filed)
T2 Schedule 125 Income Statement Information (for corporations only 2 most recent returns filed)
Only required if this is the employers first LMIA application. Does not apply to film and entertainment
Provincial/territorial workplace safety and insurance (e.g. workers compensation board) clearance letter/certificate
If an application is submitted and it is not complete, Service Canada staff will inform the employer that the application will not be processed. Incomplete
applications and supporting documents submitted with the application will not be retained or returned to the employer. As a result, employers are advised to
submit copies, not original documents.
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ESDC EMP5512 (2014-09-012) E
Employment and
Social Development Canada
Emploi et
Dveloppement social Canada
Visa
MasterCard
Expiry date:
MM
American Express
YYYY
Enter the card security/card verification value code (CVV) (a three or four digit number found on the back or front of the credit card):
AUTHORIZATION:
I authorize ESDC/Service Canada in the name of the Receiver General for Canada to charge
This is permission for a single transaction, and does not provide authorization for any additional charges.
Date:
Signature of cardholder:
YYYY
MM
DD
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