Canada regulates the minimum advertisement requirements for overseas recruitment to protect local workers

As of January 1, 2009, Human Resources and Skills Development Canada (HRSDC) has implemented the same minimum advertisement requirements for all occupations (managerial, professional, technical or skilled trades) offered to overseas workers by Canadian employers.

As a general rule, Canadian employers wishing to hire foreign workers for any occupation (managerial, professional, technical or skilled trades) will now require to advertise the position on Canada’s national job bank over the Internet for at least 14 calendar days before it offers to an overseas worker. For all positions, advertising must have been carried out no more than three months before the employer seeks HRSDC permission to hire a foreign worker (i.e. Labor Market Opinion or LMO). The failure to comply with this minimum advertisement requirement will result in the application to HRSDC for LMO being denied.

In addition to this minimum advertisement requirement, HRSDC has also suggested an alternative approach for the positions (or skill sets), which are harder to find in Canada, while imposed few additional requirements for those positions, which could be filled locally.

Accordingly, employers who are offering positions in management or in occupations which usually require a university degree (i.e. positions described in Canadian National Occupations Classification (NOC) as skill type 0 or skill level A) can alternatively conduct similar recruitment activities consistent with the practices prevailing within that occupation. This can include advertising in professional journals, newsletters, national newspapers, or even consulting with unions or professional associations. However, these efforts must be made during the three months prior to the LMO application.

For occupations which usually require college education or apprenticeship training (i.e. positions described in NOC as skill level B) must not be advertised elsewhere except Canada’s national job bank. Additionally, the advertisement must include the employer’s name and address and must disclose the wage being offered, so existing employees will have access to the wages being offered to their foreign counterparts.

Lastly, employers who are recruiting those in occupations which require only high school education, occupation-specific training, or on-the-job training (i.e. positions described in NOC as skill level C and D) must also conduct other recruitment activities consistent with the practice in the occupation in question, all within three months of the LMO application. These employers must also demonstrate reasonable "ongoing" recruitment efforts in communities which face barriers to employment i.e. Aboriginals, seniors, and other disadvantaged groups like immigrants.

HRSDC makes it clear that these requirements are the minimum efforts that can be expended and reserves the right to impose additional requirements.