1. What is Job Offer Confirmation?

Job offer Confirmation is conducted by Service Canada (Human Resources and Skills Development Canada), which renders a Labour Market Opinion (LMO). This organization works in conjunction with Citizenship and Immigration Canada to ensure that the employment of foreign workers has an overall neutral or beneficial effect to the Canadian labour market.

The confirmation process is intended to ensure that the employment of a foreign worker does not have any negative labour market impact in Canada. This generally entails that the Canadian employer has made a significant effort to hire a Canadian for the position of employment, that that effort was unsuccessful, and that the foreign worker is qualified for the position.

Depending on the nature of the position and the location of the job offer, there may exist recognized shortages, which can facilitate confirmation of certain job offers. Current examples include certain information technology professionals, construction workers in some locations, and live-in-caregivers. Otherwise, evidence of the direct creation or retention of employment of Canadians or evience that there is a transfer of knowledge to Canadian workers may also permit for a favourable LMO.

2. How long does Confirmation take?

The duration of the Confirmation process depends on a number of factors, including the specific location at which the offer is being made. There are several Service Canada offices throughout Canada, and the location will affect processing delays. On average, delays for such cases are 45 to 60 days, although in some regions these delays may extend to several months at present.

Additional delays can be incurred in the case that the Canadian employer is not capable of demonstrating that a significant effort to hire a Canadian has taken place. In such a case, it may be necessary to spend time engaging in an advertising effort prior to being able to conclude the confirmation application.

At present, there is also an expedited LMO process in effect in the provinces of British Columbia and Alberta. Eligible employers can receive a positive LMO in under a week in such cases.

3. Is Confirmation required for every job offer?

No, exemptions from the confirmation requirement exist. Common examples of such exemptions include international treaties such as NAFTA or GATS, and positions which offer a Significant Benefit to Canada. Other programs, such as Facilitated Processing of Information Technology Workers (Pilot Project), offer blanket confirmation of certain positions of employment, meaning that the entire confirmation process is not required.

4. Are any positions not eligible for Confirmation?

There are no job definitions that are specifically excluded from receiving confirmation. However, positions in which there is no clear employer-employee relationship are exempted from eligibility. An example of such a case would be one of self-employment in which the candidate is both the employer and employee. In such cases, exemptions from the Confirmation process may exist.

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