Blog 3- Problematic Job Postings and the Circumvention of LMIA Safeguards
We have become aware of a number of potentially problematic job postings in our region that appear to be structured primarily to obtain high-wage Labour Market Impact Assessment (LMIA) approvals, to the detriment of local job seekers.
These postings list wages well above prevailing market rates for comparable positions in the area. For example, one posting reviewed advertised a wage approximately $10 per hour higher than typical for a retail role in our community.
At first glance, higher wages may not seem problematic. People deserve fair pay, and in some cases higher compensation may be justified. However, the concern here is not the wage itself, but how and why these wages are being used, and the downstream impact on the local labour market.
Can employers do this?
Technically, yes. Employers are permitted to offer wages above the local market rate, including for the purpose of supporting an LMIA application. The Temporary Foreign Worker Program exists to help employers fill genuine labour shortages when qualified Canadians or permanent residents are not available.
However, this allowance is conditional. Employers must demonstrate that:
- They made genuine efforts to hire locally; and
- The wage offered reflects a real, sustainable position, not a wage inflated solely to meet LMIA criteria.
Understanding LMIA wage streams
LMIA requirements are set by Employment and Social Development Canada (ESDC) / Service Canada and are complex. For the purposes of this discussion, it is important to understand the distinction between the two primary LMIA wage streams: low-wage and high-wage.
- Low-wage LMIAs
Low-wage LMIAs apply when the offered wage is below the regional median wage.
In British Columbia, the current median wage threshold is $36.60 per hour. Any LMIA application submitted with a wage below this amount is processed under the low-wage stream.
Low-wage LMIAs are subject to significantly more restrictions and have been increasingly curtailed by recent federal policy changes. In regions where the unemployment rate reaches or exceeds 6%, Service Canada does not process new low-wage LMIA applications. This policy is intended to ensure that unemployed local workers are given priority access to available jobs.
- High-wage LMIAs
High-wage LMIAs apply when the offered wage is at or above the regional median wage (currently $36.60 per hour in BC).
These LMIAs are intended for positions that typically command higher wages and may involve greater responsibility, skill, or experience. While they are not subject to unemployment-rate-based processing pauses, they do require employers to submit a Transition Plan outlining how they will reduce reliance on foreign workers over time.
Why this raises concern
If job postings are designed primarily to qualify for high-wage LMIA approval, rather than to genuinely recruit local workers, it undermines the purpose of the program.
If local workers were meaningfully considered and actually hired at the wages advertised, these postings would not raise concern. However, there are strong indications that this is not occurring.
Our primary concerns
- Local workers are not being genuinely considered
If these postings were legitimate, it is reasonable to expect that a large number of local applicants would apply. The cost of living in our region is high, and wages at the levels advertised would be extremely attractive to local job seekers.
Many of the positions in question do not require advanced education or specialized skills. It would be difficult to credibly argue that no qualified local worker would accept employment in retail or food service at the stated wages.
- The advertised wages may not actually be paid
The wages listed in these postings are substantially higher than the local median. At the same time, employers frequently cite tight margins and financial constraints as barriers to raising wages.
We have become aware of cases where employers list high wages on paper but do not pay those wages in practice. This may occur through wage kickbacks, altered pay records, or simply paying a lower wage than advertised. These practices constitute fraud and, in severe cases, may result in workers earning less than minimum wage.
- Deliberate avoidance of unemployment-rate safeguards
LMIA policies are designed to balance legitimate business needs with the protection of the local labour market. The suspension of low-wage LMIA processing when unemployment reaches 6% exists to ensure that available local workers are prioritized.
When employers deliberately structure postings to bypass these safeguards, local workers lose opportunities. While labour market challenges are complex and multifaceted, misuse of the LMIA system exacerbates the problem.
Are foreign nationals to blame?
No. Foreign national workers contribute positively to our communities and local economy. They work hard, pay taxes, and are building lives alongside local residents. This issue is not about foreign workers.
The concern lies with unscrupulous employers who misuse the LMIA process to avoid hiring locally or to pay less than required. Legitimate labour shortages do exist, but exploiting the LMIA framework is not an acceptable solution.
How widespread is this issue?
Fortunately, the majority of employers in our region act in good faith. Many offer stable, meaningful employment and follow all applicable rules. This issue is serious and warrants attention, but it does not characterize all employers, industries, or communities.
Those who engage in LMIA fraud do not belong to any single sector, background, or group. Misuse of the system can occur anywhere.
What are we doing about it?
We are reviewing job postings across multiple platforms, including Job Bank, Indeed, and others. Postings that raise compliance concerns are being flagged, and where appropriate, reported to the relevant government authorities.
Employers who engage in these practices and seek to participate in our program may face consequences. While our resources are limited, we are committed to administering our work in a way that protects both the local labour force and the integrity of the program.
What can local residents do?
If you encounter a job posting that appears problematic, you may report it to the appropriate government authorities and to the RCIP team. If you applied for a position and have direct evidence that local applicants were not genuinely considered, including this information is especially helpful.
This is not a call to report every employer who does not hire you. Many postings are legitimate. Reports should be reserved for situations where there is a reasonable basis to believe the LMIA process is being abused.
Blog 2- A Note from RCIP Coordinator Ward Mercer
The Company You Keep – Immigration Consultants and Unethical Employers
We understand that Canada’s immigration system can be complex and confusing. It’s only natural that many people turn to immigration consultants for help navigating the process and ensuring their applications are complete. Unfortunately, there are consultants who operate outside the law — and simply having one of them associated with your file can put your application at risk.
The RCIP Recommendation Committee must be fully satisfied that every application is eligible and suitable for recommendation. If an application is linked to an unscrupulous immigration consultant — for example, one who charges money for job offers or engages in other illegal practices — the committee has the right to refuse the application.
Some may say, “I didn’t know anything about that,” or “That didn’t happen with my file.” However, in the eyes of the RCIP committee, even the appearance of impropriety can be enough to raise concerns. The committee has full authority to reject an application if it doubts any aspect of it.
This may seem unfair, but the RCIP program is not about recommending everyone who applies. It is about recommending individuals who:
- Have legitimate job offers from designated employers
- Are eligible for permanent residence
- Bring value to our communities
- Follow program integrity rules
- And most importantly, are genuine applicants
If someone is connected to an unethical immigration consultant, it’s reasonable for the RCIP committee to question the genuineness of that application.
Unethical Employers
The same principle applies to problematic employers. If you work for, or have a job offer from, an employer who engages in illegal activity — such as demanding payment for job offers, withholding overtime pay, or using the services of a known unethical consultant — your application may be refused due to that association.
If an employer is willing to break the law, extort money from immigrants, or lie to the community, it is fair for the RCIP committee to be concerned about the integrity of any applications connected to them. Gone are the days when applicants could simply distance themselves from their employer’s misconduct. If your employer is acting unethically, it could very well affect your RCIP application.
What Can You Do?
Report them. Report unethical consultants or employers to us, to IRCC, to CRA, or to the College of Immigration and Citizenship Consultants — anywhere you can. Allowing these individuals to continue operating unchecked hurts everyone.
Why? Because actions that undermine program integrity can have serious consequences. They can force the RCIP program to make difficult choices, such as banning certain sectors or removing specific NOC codes. They also take time and resources away from helping genuine applicants and employers.
If You’ve Participated in Illegal Activities
If you’ve been involved in something like paying for a job offer, come talk to us. Tell us your story. In many cases, people in these situations are victims of extortion or blackmail — and we may be able to treat you as such. Our main concern is stopping the perpetrators.
However, applicants who knowingly commit fraud or break the rules may still face consequences. Everyone who applies to our program is an adult and must accept responsibility for their actions and decisions.
Remember Who Your Friends Are
Unethical employers and consultants are not helping you — they are exploiting you for their own financial gain. You may believe they’re helping you stay in Canada, but they don’t care about your future; they care about your money.
If they’re driving luxury vehicles or buying expensive homes, remember how they paid for them — by taking advantage of honest people. If you’ve paid them, you’ve helped fund that lifestyle, often while working hard to pay off a “service” you should never have been charged for. These people are not your friends, and they will not stand by you when things go wrong. Remember that.
A Note About the RCIP Program
This message is not a criticism of the RCIP program — quite the opposite. It’s an expression of how deeply our staff care about protecting the program’s integrity.
The RNIP program, RCIP’s predecessor, ran successfully for five years. It helped hundreds of local employers retain staff, filled critical labour shortages, and changed the lives of thousands of newcomers who became permanent residents here.
We want RCIP to continue that legacy and grow into an even stronger program for our region. By maintaining integrity, we can use this program as a competitive advantage, helping local employers
attract and retain top talent — talent that might otherwise go to larger centres like Vancouver or Victoria.
The issues mentioned here are real but limited. With the continued hard work and commitment of ethical employers and genuine applicants, we can ensure RCIP remains a model of success for the North Okanagan–Shuswap.
Blog 1- Abuse of RCIP-Endorsed Jobs in North Okanagan-Shuswap: Legal and Community Consequences
Recently concerns have emerged about employers allegedly charging money or requesting other forms of compensation from applicants in exchange for job offers endorsed under the Rural Community Immigration Pilot (RCIP), as well as applicants willingly participating in these illicit arrangements. Such actions not only undermine the integrity of the program but also violate multiple Canadian laws and regulations.
The Alleged Misconduct
Reports indicate that certain employers within the North Okanagan-Shuswap community may be offering RCIP-endorsed job positions in exchange for money, gifts, or services from immigration applicants. In some cases, applicants may proactively offer payment or favours to secure a position that qualifies them for permanent residency under the RCIP framework. These transactions are not only unethical but also illegal.
Violations of Canadian Laws
Such practices are in direct contravention of the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR). Specifically, Section 127 of the IRPA makes it an offence to knowingly misrepresent or withhold material facts in relation to an immigration application. If an applicant pays for a job offer or an employer sells a job offer, both parties may be found guilty of misrepresentation.
Moreover, the Immigration, Refugees and Citizenship Canada (IRCC) and local RCIP communities have strict policies prohibiting any form of payment or undue benefit in exchange for job offers. These rules are in place to ensure that immigration pathways remain fair, merit-based, and free of exploitation.
Consequences for Employers
Employers found engaging in these practices may face severe penalties, including:
- Permanent removal from the RCIP list of designated employers.
- Lose the ability to hire foreign workers
- Federal investigation and potential fines and criminal charges.
- Damage to business reputation and potential civil liability.
Additionally, such employers may face sanctions from the Canada Revenue Agency (CRA) and Employment and Social Development Canada (ESDC) if wage manipulation or false job descriptions are involved.
Consequences for Applicants
Applicants who pay for RCIP job offers or knowingly participate in fraudulent schemes risk:
- Refusal or revocation of permanent residency.
- Five-year ban from reapplying to any Canadian immigration program.
- Possible deportation and inadmissibility under Canadian immigration law.
- Legal proceedings for misrepresentation
Community Impact
Beyond legal consequences, these practices erode public trust and jeopardize the integrity of immigration initiatives. Communities like North Okanagan-Shuswap rely on fair, transparent programs to attract talent and sustain local development. Abuse of the system undermines the community’s economic goals and risks suspension or revocation of the pilot program altogether.
If you have knowledge of offences of this nature occurring in the community, please contact the RCIP team at info@rcipnorthokanaganshuswap.com. Please ensure that you include as much detail as possible including any evidence you may have.
Conclusion
The RCIP is a valuable opportunity for skilled immigrants and local employers alike. It is crucial that all participants adhere strictly to legal and ethical guidelines. Any form of payment or favour in exchange for immigration-related job offers is illegal and subject to serious consequences. Transparency, fairness, and accountability must remain at the core of all immigration efforts in North Okanagan-Shuswap and across Canada.