A Brampton firm that makes control systems for industrial equipment has spent months looking for an electrical engineering technologist. A candidate overseas has exactly the right background, and the owner has heard there is a government program that can bring someone over within weeks. That hypothetical scenario is the kind of situation the Global Talent Stream was built for. It is also the scenario in which an owner may hear “two weeks” and miss what the employer must commit to in return.
The Global Talent Stream is part of the Temporary Foreign Worker Program. It is still a Labour Market Impact Assessment process, meaning that Service Canada has to give a positive decision before the worker can apply for a work permit. What sets it apart is who can use it, how quickly the government aims to process applications, and the fact that the employer signs on to a plan for benefiting the Canadian labour market. It is not a general shortcut for filling a hard-to-staff job, and many Brampton employers in warehousing, transport, or food processing will find their roles do not fit.
This article is general information, not legal advice. Wage floors, occupation lists, fees, and referral partners are updated from time to time, so verify the current requirements with Employment and Social Development Canada before making any commitment to a candidate.
Two Doors Into the Stream
There are two categories, and they are aimed at different hiring problems.
Category A is for innovative companies seeking unique and specialized talent. To use it, you need a referral from a designated referral partner, on a form specific to each worker. An application without one is treated as incomplete and will not be processed. The list of partners includes national bodies and regional and provincial organizations, including some in Ontario, and it changes, so check the current one. Referral partners are looking at the company and the role, and getting a referral is a real hurdle. Plan to explain why the firm is growing or innovative, and why this person’s skills are hard to find.
Category B is for positions on the global talent occupations list, a list of in-demand and highly skilled roles. It covers many technology and engineering occupations. No referral is needed, but the job must truly match an occupation on the list. A title is not enough. If your “software engineer” spends most of the week providing routine support, the actual duties could place the position in a different occupation altogether. Compare the role to the National Occupational Classification description before you file.
An employer can also make a request under both categories, which brings extra requirements for its plan.
The Wage Requirement Comes First
Before spending time on anything else, check whether you can meet the wage. Employers must pay the prevailing wage, which is the highest of three things: the median wage for the occupation in the region as shown on Job Bank, the wage range paid to your current employees in the same job with similar experience, and any floor set by the stream.
ESDC publishes the floors, and they are revised from time to time. As listed on its requirements page:
- Category A: at least $38.46 an hour (about $80,000 a year) for the first two unique and specialized positions in a calendar year, and at least $72.11 an hour (about $150,000 a year) for further positions.
- Category B: certain listed occupations have their own hourly minimums, such as $41.35 an hour for electrical and electronics engineering technologists and technicians. Other listed occupations use the prevailing wage. The annual numbers ESDC gives for these occupations are for illustration only, and the hourly rate is the binding one.
Only guaranteed pay counts. Overtime, tips, bonuses, commissions, profit sharing, and benefits do not help you reach the wage. A sales-heavy pay package with a modest base may not qualify, however generous it might be in a good year.
The internal comparison also deserves thought. If you have a current employee doing the same job at a higher rate, the foreign worker’s wage may need to rise to match. Conversely, if you are paying a new foreign hire significantly more than your existing team, you may want to think about the morale and pay equity issues before the offer goes out. ESDC expects wages to be reviewed annually, and the wage cannot be reduced below what is in the positive LMIA.
The Labour Market Benefits Plan
The plan is the heart of the stream and the part employers underestimate. It is a commitment, developed with Service Canada, setting out how your company will have a lasting, positive effect on the Canadian labour market.
The mandatory benefit differs by category. Category A employers must commit to creating jobs for Canadians and permanent residents. Category B employers must commit to increasing their investment in skills and training. On top of this, employers must include at least two complementary benefits, each with at least one activity, and those can’t simply repeat the mandatory benefit.
Think of what you can actually deliver. A small Brampton firm might promise to hire a Canadian junior technician within a stated period, set up paid co-op placements with a local college, send existing staff for formal training, or start a mentoring program. These commitments should be specific and measurable. Vague statements like “we will invest in our people” do not help anyone, and they will be difficult to report on later.
Service Canada reviews progress every year, with the first review about one year after you sign. These reviews look at whether you made reasonable efforts, and a shortfall due to a real business change can often be explained. An employer that failed to make reasonable efforts, however, can receive negative GTS decisions for two years. Assign someone inside the company to track the plan, and keep records from day one.
Recruitment, and the Rule That Is Often Misread
Unlike the regular high-wage and low-wage streams, the Global Talent Stream has no minimum advertising requirement. That does not mean you can ignore the local market. ESDC encourages employers to recruit Canadians and permanent residents first, and you have to describe your recruitment efforts in the application. A short, honest account of where you looked and what you found helps your case. Keep the postings, résumés, and interview notes, as you may be asked to support what you have said.
Where a firm is growing, it often helps to show that the foreign hire is part of a larger hiring plan that includes local staff. That kind of plan may also support your benefits commitments.
Costs and Timing
ESDC lists a processing fee of $1,000 per position, paid by the employer. It is not refundable when you withdraw, cancel, or receive a negative decision, except when collected in error. You cannot recover it from the worker, whether through deductions from wages or any other arrangement. A separate work permit fee applies at the IRCC stage, and you may also face costs for legal assistance and relocation.
The government’s published service standards are the program’s main draw. Service Canada aims to process applications within 10 business days, 80% of the time, and IRCC aims to process eligible work permits within two weeks, also 80% of the time. These are targets, not guarantees. A missing referral form, an unclear job description, or a problem with the worker’s background can extend the time. So do not tell a candidate to resign from their current job or sell their home until the work permit has been issued.
Timing rules also matter. You can submit an LMIA application up to six months before the job’s start date, and a positive LMIA is valid for up to six months after it is issued. For high-wage positions, you can ask for employment for up to three years, tied to your reasonable needs, with longer periods possible only in exceptional cases.
Name changes also deserve caution. A Category A referral is specific to a worker, so changing the name of a candidate requires a new referral form, and a positive GTS LMIA already used for a work permit application will not have its name changed. If your first choice declines, you may not simply slot in another candidate.
Who Is the Employer, and Is This Really Employment?
ESDC’s requirements address how Service Canada determines who the employer is, and they state that workers cannot be classified as independent contractors. This restriction continues after the LMIA is approved. So a company cannot obtain an LMIA for a developer and then shift them onto a contractor arrangement to reduce payroll costs. If you commonly use contractors in your industry, sort this out before filing.
The worker has to be a full-time employee, protected by labour law and by health insurance and workers’ compensation. In Ontario, that means the Employment Standards Act, 2000, and generally the Workplace Safety and Insurance Board where it applies. Be cautious about using standard employment agreements without checking them, especially on matters like non-competes, which Ontario restricts for most employees. Our contracts page may help with employment and business documents, and our work visas page discusses the immigration side.
Staying Compliant After the Worker Arrives
Once the worker is here, the LMIA and the work permit set terms you need to stick to: the job, pay, location, and working conditions. Keep records of the hiring and the worker’s pay for at least six years from the worker’s first day of work. Be ready for inspections under the program. These are separate from the annual benefit plan reviews, and they can happen with or without notice. A violation can bring penalties and potentially bar you from hiring through the program.
Practical compliance can be simple if you plan for it:
- Keep a folder with the LMIA, the plan, the employment contract, and the job posting history.
- Check your wages against Job Bank every year, and raise them if the prevailing wage goes up.
- Don’t change the worker’s duties or location without first checking if a new permit or LMIA is needed.
- Don’t take a worker’s passport or charge them for immigration costs.
- Record how each benefit commitment has been carried out, with dates.
Is It the Right Tool for Your Business?
The stream may suit you if the job is truly high skilled, your pay can reach the required level, and you can credibly commit to the plan. It may be a poor fit if the job is lower paid, you have no capacity to monitor a plan, or you need people for routine work.
Before filing, also look at what else may be available. Some hires may qualify for an LMIA-exempt work permit, such as an intra-company transfer or a professional work permit under a trade agreement, with no benefit plan attached. Other positions may be better suited to the regular high-wage stream, which has different recruitment rules. It is worth asking which option fits a hire before committing to one.
A good first step is a one-page summary: the role and its real duties, the proposed pay, the candidate’s background and citizenship, and what your business could realistically commit to in a plan. With that in hand, you can check it against the occupations list or look for a referral partner. If you would like help working out which approach fits, you can contact our office. No one can promise a positive LMIA or a work permit, since those decisions belong to Service Canada and IRCC, but a clean file makes it easier for them to decide.