Canada has published its annual national update of prevailing wages.

Employers utilizing the Temporary Foreign Worker Program (TFWP) to obtain Labour Market Impact Assessments (LMIAs) need to be aware of the prevailing wage changes. Employers supporting some types of intra-company transferee applications or provincial nominee PR applications must also ensure that they meet any required prevailing wage requirements.

Prevailing wage data updated

The new wage data was updated on Dec. 3, 2024.  Prevailing wages for most occupations and regions have increased.

The new wage data is available on the Government of Canada’s Job Bank website hereThe median wage column shows the prevailing wage. The wage data can be searched by occupation or location of work.

Employers seeking a LMIA must offer the temporary foreign worker (TFW) at least the prevailing wage for the position/National Occupational Classification (NOC) and the location of work.  If the median wage is listed as "n/a," employers need to refer to the provincial median wage for that NOC to determine the prevailing wage.

Employers may also have to offer TFWs at least the prevailing wage for intra-company transferee (ICT) work permits under the specialized knowledge category, and for various provincial nominee streams.

For LMIAs that are filed and in process when the prevailing wage increases, ESDC policy indicates that if the prevailing wage increase was less than 10%, the employer will not need to re-advertise the position with the new salary level.  However, the employer would have to pay the TFW at least the new prevailing wage.

If the prevailing wage increased by more than 10%, ESDC may require the employer to re-advertise the position for four weeks with the new prevailing wage. However, if the wage change occurred in the four weeks before the LMIA application was filed, the employer may not need to re-advertise, but must pay the TFW at least the new prevailing wage.

Employer takeaways

Employers should take the following into consideration now that the prevailing wage has been updated:

  • If you have job listings posted for a LMIA application, check the listed wage or wage range to see if you need to revise the wage information in the job listing to meet the new prevailing wage threshold.
  • If you have a pending LMIA application that was filed before the wage data was updated, check the new prevailing wage level. Depending on the percentage change, you may need to redo the job listings with the new prevailing wage.
  • Employers that employ TFWs under LMIA-based work permits that were issued with wages at or just above the prior prevailing wage should review the new wage data and determine if salary levels need to be raised to meet the new prevailing wage.
  • Employers seeking renewals for TFWs who hold intra-company transferee specialized knowledge work permits need to review whether they are providing the prevailing wage, before uploading the wage data into the Employer Portal or filing a work permit extension.
  • LMIA and employer compliance rules and requirements are complex. We recommend that employers seek competent legal advice when dealing with or assessing these issues.

Conclusion

Employers must be aware of, and utilize, the new prevailing wage data when doing LMIA advertising for high-wage or low-wage LMIAs and when preparing and filing any type of LMIA application.

The prevailing wage data is updated annually, usually in late November or early December.  Always check the latest prevailing wage threshold from the ESDC site, rather than relying on wages used in prior LMIAs that you may have filed, as they may been based on outdated wage information.

If you have ongoing LMIA advertising, take the necessary steps to ensure that the wage or wage range component of the job listings still meets the prevailing wage requirement.

Please contact a member of the Gowling WLG Immigration team if you require further information, or if you require any advice on any immigration or work permit matters.