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The position must be advertised in accordance with the Hiring Criteria developed by Employment and Social Development Canada (ESDC) as follows:

• advertise vacant positions in Canada
• make sure any vacant positions advertised abroad are also advertised simultaneously in Canada
• advertise for a reasonable length of time (about a month) to allow broad exposure of the vacancy to Canadians and permanent residents
• demonstrate that the advertising medium used – web, print or electronic – is effective in attracting appropriate candidates for the position
• Include in the advertisement this statement: “All qualified candidates are encouraged to apply, however Canadians and permanent residents will be given priority”.

In this connection, at the time of your application, answer the following question:

Are you a Canadian citizen or a permanent resident of Canada? Yes/No

In order to be able to justify the hiring of a foreign academic, we need to ensure that advertisements clearly articulate the required qualifications, skills, expectations and experience. When possible, it is advisable to quantify requirements in terms of minimum number of publications in high impact journals or number of years of teaching and research experience; or define terms by adding qualifiers such as ”excellence demonstrated through…”

Recruitment advertising is requested through the completion of a Job Opening Request (JOR). 

Ensure that at the start if the advertising you print off a copy of the advertisement on each site it is posted, including the UC Careers site (so that the date of printing is indicated at the bottom), and that you also print out a copy of the advertisement after the one month is completed (i.e., on the last day of the advertising period).

The selection process may now be done in one step. It is not necessary to separate the candidates’ applications into two groups. All applications, interviews, and assessments may be handled simultaneously.

All Canadian citizens and permanent residents who meet the advertised requirements of the position are to be invited to participate in the selection process, i.e. interviews, presentations, etc.

Canadian citizens and permanent residents who are found qualified are to be offered the position before it can be offered to a foreign candidate.

A Labour Market Impact Assessment is normally required for a work permit to ensure that the offer of employment is genuine and that the employment is likely to result in a neutral or positive effect on the labour market in Canada.

As soon as it becomes apparent that an individual other than a Canadian or permanent resident will be recommended for appointment, contact hrimmigration@ucalgary.ca. An Immigration Consultant will assist in making this determination.

Prepare and submit to Human Resources – Immigration Services the following documentation:

• Labour Market Impact Assessment – High-Wage and Low-Wage Positions form
• Advertising information: list of publications in which the advertisement appeared, the issues/dates of the publications, with copies of the advertisement attached

Service Canada considers the following factors in a Labour Market Impact Assessment application:

• Genuineness – four elements as per [R200(5)];
• Labour Market Impact– 6 elements as per [R203(1)(b);
  • the occupation that the foreign worker will be employed in;
  • the wages and working conditions offered;
  • the employer’s advertisement and recruitment efforts;
  • the labour market benefits related to the entry of the foreign worker;
  • the consultations, if any, with the appropriate union; and
  • whether the entry of the foreign worker is likely to affect the settlement of a labour dispute.
• Consistency with the terms of any federal-provincial/territorial agreement where this applies to the employers of foreign nationals as per [R203(1)(c)];
• Substantially the Same (STS) – 3 elements as per [R203(1)(e). 
  STS assessment: Over the past two years, the employer provided substantially the same wages, working conditions and employment in an occupation as those items set out in the offer of employment to the foreign national.

As Service Canada and IRCC processing times vary, Faculties/Departments are encouraged to submit the necessary documents to Human Resources - Immigration Services as early as possible in order to avoid delays in the new faculty member’s start date.

If the LMIA is Positive: Service Canada will issue an LMIA confirmation and transmit it to Immigration Services, Labour Relations. A copy of the LMIA Confirmation will be sent to the foreign academic along with original copies of the official letter of offer. This positive LMIA is valid for 6 months from the date of issue, therefore a work permit application must be submitted by the foreign academic to Immigration, Refugees and Citizenship Canada prior to the expiry date noted on the LMIA Confirmation.

Immigration legislation allows for some exceptions to the requirement for a LMIA, such as pursuant to international agreements or government policy –  . The fundamental principle underlying the argument for an LMIA exempt work permit is the "significant economic, social or cultural benefit" (R205(a)), Canada's competitiveness in the international economy (R205(c)(ii)), or adherence to an international treaty (R204(a)).

In order to assess eligibility for an LMIA exempt work permit, it is important to gather enough information and facts to support an argument. The criteria for certain LMIA exempt work permit categories are relatively straight forward, while other categories are subject to a higher degree of discretion and creativity in applying the various exemptions.

In certain situations, Immigration Services, Labour Relations may request an assessment (written opinion request) from Immigration, Refugees and Citizenship Canada provided the foreign worker is from a visa-exempt country and is currently outside of Canada. The request and supporting documentation must be submitted at least 30 days prior to the date of entry to the International Mobility Workers Unit in Toronto.

Examples of LMIA Exempt Categories

• Citizens of the USA, Mexico, and Chile employed on a temporary basis as allowed by the North American Free Trade Agreement (NAFTA) or the Canada Chile Free Trade Agreement (CCFTA) - Regulation R204(a), T23;
• Holders of Canada Research Chair (CRC) positions and Canada Excellence Research Chair (CERC) positions – Regulation R205(c)(i), C30;
• Spouses or common-law partners of skilled workers - Regulation R205(c)(ii), C41.

Individuals in the above situation may apply directly to IRCC at a port-of-entry to Canada to obtain a work permit (only if the foreign national is exempt from the requirement to obtain a Temporary Resident Visa (TRV) to visit Canada) or to a visa office at a Canadian embassy, high commission or consulate abroad, before departing for Canada.