A Labour Market Impact Assessment is an approval that most Canadian employers need to obtain in order to hire a foreign worker.
It is the employer’s responsibility to apply for the Labour Market Impact Assessment, not the employee’s. If they receive a positive outcome it means that they can employ a foreign national as they were able to prove that they could not find a suitable Canadian to fill the position.
The employer would need to prove the following:
- They have no past compliance issues as an employer;
- They can fulfil all of the terms of the job offer (they would need to submit official tax documents to support this);
- They are providing a good or service in Canada;
- If they are hiring a skilled foreign worker to support his or her application for permanent residence in Canada, they must submit proof that the business has been in operation for a minimum of one year (does not apply for positions in Quebec);
- They have carried out three different recruitment activities to try and fill the position, if applicable;
- They are offering employment that is consistent with the needs of their business.
The employer would also need to provide a Transition Plan, describing the activities they are agreeing to undertake to recruit, retain and train Canadians and permanent residents and to reduce their reliance on foreign workers. This requirement can be waived in certain situations.
The government fee for this application is $1,000 for each position. This fee would be waived if the LMIA was to support permanent residence through Express Entry and the applicant would not be applying for a work permit as well.
If the employer receives a negative outcome it means they cannot employ a foreign national as they were not able to meet the requirements of the Labour Market Impact Assessment they applied for.
The requirements for a Labour Market Impact Assessment vary depending on the type of position that is being offered to a foreign national. The requirements for each type of position vary in terms of the employer’s requirements in terms of advertising, application fees, the wage being offered and the application processing times.
Who is exempt from requiring a Labour Market Impact Assessment (LMIA)?
Certain individuals seeking to work in Canada may require a Canadian work permit but may be exempt from requiring a Labour Market Impact Assessment (LMIA). If the Canadian employer is exempt from obtaining a Labour Market Impact Assessment (LMIA), in some cases they will need to register your job offer through an online portal and pay a Canadian Employer Compliance Fee of $230.00.
Click here to view a simplified list of those who would be exempt from requiring a Labour Market Impact Assessment (LMIA).
- Those covered by international agreements such as the Canada-United States-Mexico Agreement, GATS, CETA and more, including:
- Contractual service supplier
- Independent professional
- Intra-Company Transferees
Permanent residence applicants in Canada
Those who are in Canada and have applied for permanent residence under one of the following programs:
- Federal Skilled Worker
- Federal Skilled Trades
- Canadian Experience Class
- Live-in-caregiver class
- Spouse or common-law partner in Canada class
- Protected persons under subsection A95(2) such as Convention refugees and successful pre-removal risk assessment (PRRA) applicants
- Humanitarian and compassionate grounds
- Family members of the above
- Those who are eligible for one of the International Experience Canada Program such as a working holiday
- Spouses of Skilled Workers who are going to / have already been issued with a valid Canada Work Permit under certain occupations
- Spouses of Students who are going to / have already been issued with a valid Canada Study Permit
- Post-Graduate Work Permits (graduates of certain Canadian Educational Institutions / Programs who has a valid Canadian Study Permit)
- Interns with international organizations recognized under the Foreign Missions and International Organizations Act
- Rail grinder operators, rail welders or other specialized track maintenance workers
- Experts on mission, working for a United Nations office in Canada
- Foreign physicians coming to work in Quebec
- Fishing guides working on lakes straddling the Canada–U.S. border
- Foreign camp owner or director, and outfitters (children’s recreational facility or a hunting or fishing camp)
- Foreign freelance race jockeys destined to work in British Columbia, Alberta, Saskatchewan or Manitoba
- Operational, technical and ground personnel of foreign commercial airlines
- Airline personnel (station managers) provided they meet the guidelines for intra-company transferees
- foreign airline security guards stationed in the airports and who are responsible for checking passengers and their luggage before they board the aircraft
- Television and film production workers whose position or occupation is essential to a TV or film production
- Francophone mobility
- applicants should demonstrate that they have obtained a Canadian Language Benchmark (CLB) or Niveau de compétence linguistique canadien (NCLC) of level 7 or higher in the Test d’Evaluation de Français (TEF) or Test de connaissance du français (TCF).
- Live-in caregivers whose permanent residence application has been submitted
- Caregivers whose permanent residence application is submitted under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) (occupation-restricted open work permit)
- Certain Quebec Selection Certificate (CSQ) holders currently in Quebec
- Those performing emergency repairs or repair personnel for out-of-warranty equipment
- Exchange Professors or Visiting Lecturers
- Residential camp counsellors working at seasonal residential camps during the summer season
- United States government personnel (family members)
- Official United States (U.S.) government personnel assigned to work in Canada temporarily
- Performing arts key creative personnel and talent associated with Canadian, non-profit performing arts companies and organizations in the orchestral music, opera, live theatre and dance disciplines
- Educational Co-Ops (Those applying for a Canadian Study Permit who also require a work permit as part of their Co-Op program)
- Post-doctoral PhD fellows and award recipients
- Medical residents and fellows
- Religious workers
- Charitable workers
No other means of support
- Refugee claimants
- Persons under an unenforceable removal order
- Migrant workers in Canada on employer-specific work permits who are experiencing abuse, or who are at risk of abuse, in the context of their employment in Canada
- Spouses of vulnerable workers
- Destitute students who, due to circumstances beyond their control, find themselves unable to meet the cost of their studies in Canada
- Holders of a temporary resident permit (TRP) valid for a minimum of six months