If the term “Labour Market Opinion” isn’t familiar to you, it’s also known as the “showing that no Canadian could do the job test.” Obtaining a Labour Market Opinion is not a fun process for employers, and many, especially those who have been through the process, are very hesitant to apply for one. However, foreign nationals applying for work permits must have their potential employers obtain a Labour Market Opinion before they can obtain their work permits.

The process is subject to many exceptions, and the failure rate for Labour Market Opinions is quite high. In order to obtain one, an employer must show that the employment of the foreign national is likely to have a neutral or positive effect on the labour market in Canada. 

The three factors that are considered in every Application for a Labour Market Opinion are:

› What is the job?

› Is the wage adequate?

› Was there sufficient recruitment?

What is the Job?

Whether you’re a CEO or a custodian, Service Canada has organized every job in the country into a National Occupation Classification (“NOC”). Each NOC contains employment requirements, employment duties, and other information. It is extremely important that an employer know which NOC their prospective foreign worker employee’s position falls under before they apply for the Labour Market Opinion, in order to ensure that they have met the requirements for the position.

Is the Wage Adequate?

The workingincanada.com website is a Government of Canada website which, amongst other things, states what the prevailing wage rate is for each NOC in a geographic region of Canada.


In order for an Application for a Labour Market Opinion to be approved, the wage for the foreign worker must meet or exceed the prevailing wage for that position’s NOC on the workingincanada.com website.

Was There Sufficient Recruitment?

In order to obtain a Labour Market Opinion, employers must demonstrate that they attempted to recruit Canadians to fill the position. Generally, all employers are required to advertise on the Service Canada Job Bank, as well as one other source. The rules for recruitment are very particular, and employers should review the Service Canada website in detail before they begin the recruitment process to avoid delays or rejections. 


If you have questions about the Labour Market Opinion or other immigration policies, contact a local immigration lawyer for more information.