Changes to the review processes for temporary screening and labour market impact assessment applications
 
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Changes to the review processes for temporary screening and labour market impact assessment applications

Effective July 24, 2020, the Ministère de l'Immigration, de la Francisation et de l'Intégration (MIFI) will make changes to the processes for the review of temporary selection and Labour Market Impact Assessment (LMIA) applications under the Temporary Foreign Worker Program (TFWP).

The purpose of these changes is to improve the efficiency of the review process for LMIA applications made jointly with Employment and Social Development Canada (EDSC)/Service Canada, consistent with MIFI practises, the Quebec Immigration Regulations (RIQ) and the Act Respecting Administrative Justice.

A first change allows an employer with a valid LMIA to request the replacement of a foreign worker with another foreign worker, without having to reapply for a new LMIA, when the candidate originally intended for the job cannot obtain a Certificat d'acceptation du Québec (CAQ) or a work permit.

An employer may also request from the MIFI, for other reasons, the replacement of a candidate by another candidate on a valid LMIA, provided that no work permit has been issued by the federal government on the basis of that LMIA. However, the new candidate will have to apply for temporary selection and obtain a CAQ in order to apply for a work permit at a later date.

When a work permit has already been issued for an LMIA, the replacement of the foreign worker, related to that LMIA, cannot be carried out.

In another change, as part of the review of an application for temporary selection, the MIFI will send a written notice of intent to refuse to the candidate who does not meet the conditions set out in the RIQ. The applicant may, within 60 days following the issuance of the notice of intent to refuse, send the MIFI any new information or document that could help in the decision-making process. If, at the end of the period indicated, the candidate still has not demonstrated that he or she meets the conditions for acceptance, MIFI will issue a refusal decision, in writing.

For more details, refer to section Hire a temporary worker (in French only) on our Web site.

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Last modification : 2020-07-24
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