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Labour Market Impact Assessment (LMIA)

Labour Market Impact Assessment (LMIA) is one of the vital documents that is needed by a Canadian employer in the process of hiring a foreign worker in their company or establishment. Hence, a positive Labour Market Impact Assessment is also known as  a confirmation letter. It demonstrates the necessity of the employer to hire a foreign worker for a specific job position.

Before hiring a temporary foreign worker through the Temporary Foreign Worker Program in Canada a Labour Market Impact Assessment, LMIA is important and often required. If there is no Canadian citizen for the job, the TFWP then permits them to fill positions with foreign workers.

Labour Market Impact Assessment (formerly Labour Market Opinion (LMO)) application requires few processes, and is required by foreign workers to apply for their Canada work permit. If you are feeling worried on how to get Labour Market Impact Assessment, we are here to guide you.

During the verification process for LMIA, Employment and Social Development Canada or simply (ESDC) assesses employment offers to ensure that employing a foreign worker will have no negative impact on the labour market in Canada. Ideally, the employer will have to give a variety of information on the vacant position they wish to hire a foreign worker; such as information on the total number of Canadians who applied for the position and those interviewed as well as a detailed explanation why no Canadian worker was considered for the position.

How to apply for Labour Market Impact Assessment

  1. Obtain and fill the Labour Market Impact Assessment application form. As a Canadian employer undergoing the LMIA process, you must have found a foreign national that fits the available job position because his/her name will also be included in the Labour Market Impact Assessment form. The application form is downloadable in PDF.
  2. Proof of advertisement. This documents serves as a back up to your LMIA application as it indicates what medium you initially used to advertise the job position, as well as its publication date
  3. Valid job offer that bears your appended signature, including that of the foreign national
  4. Schedule D for skilled-trades job offers. You don’t need this form if your company is located in Quebec. This document is only necessary when the job requires the recruitment of a foreign skilled tradesperson. You can download LMIA form.
  5. Proof of your business legitimacy

In 2020, Labour Market Impact Assessment (LMIA) online web application was initiated. It utilizes an online portal to facilitate Canadian employers in uploading relevant documents, as well as to access the status of their LMIA application and Service Canada’s decision letters.

Applying for a work permit with a Labour Market Impact Assessment

If you are a foreigner seeking to get hired by a Canadian employer, you need the following documents and details to apply for your work permit.

  1. A copy of the Labour Market Impact Assessment form by the Canadian employer
  2. The Labour Market Impact Assessment number
  3. The job offer letter, which is provided by your employer

Mandatory LMIA Application fee

It is important for Canadian employers to make a payment of CAD1,000 for the LMIA processing of foreign nationals that they are willing to hire

LMIA processing time

The processing time of LMIA depends on the application type. Thus, the average processing time for various kinds of Labour Market Impact Assessment jobs Canada are demonstrated below;

  • Low-wage stream – 34 business days
  • High-wage stream – 29 business days
  • Agricultural stream – 17 business days
  • Permanent residence stream – 21 business days
  • Global Talent Stream – 13 business days
  • In-home caregivers – 15 business days
  • Seasonal Agricultural Worker Program – 11 business days

When you have a valid job offer supported by a Labour Market Impact Assessment, you’ll realize that you now have a streamlined application process. There are some foreign nationals with exemption from Labour Market Impact Assessment application. If you aren’t among the exempted foreign workers, a copy of the positive Labour Market Impact Assessment (LMIA) and a job offer must be offered to you by your employer. However, application for Canada Labour Market Impact Assessment also makes it necessary for the employer or business to provide accurate information on the number of Canada citizens and permanent residents who applied and was interviewed for a job position. They must be able to justify why Canadians aren’t qualified or meet the job requirements.

Labour Market Impact Assessment (LMIA)

Examples of most sought-after Labour Market Impact Assessment jobs

  • Caregivers
  • Truck drivers
  • Oil and gas drillers
  • Civil engineers
  • Registered nurses
  • Construction managers, and so on.

Labour Market Impact Assessment exemption codes

Immigration and Refugee Protection Regulations’ Sections 204 to 208 dictates policies that has to do with work permit for foreign nationals who do not need LMIA. Due to this, they made provisions for some LMIA exemption codes such as;

Regulation sections:

  • R204: International agreements
  • R205: Canadian interests
  • R206: No other means of support
  • R207: Permanent residence applicants in Canada
  • R207.1: Vulnerable workers
  • R208: Humanitarian reasons

R204: International Agreements

R204(a) Canada-international exemption codes
Regulations LMIA exception codes
Non-trade

Unique work situations:

  • Airline personnel (operational, technical and ground personnel)
  • USA government personnel
T11
Trader (FTA) T21
Investor (FTA) T22
Professional/technician (FTA) T23
Intra-company transferee (FTA) T24
Spouse (Colombia or Korea FTA) T25
GATS professional T33
Investor (CETA) T46
Contractual service supplier (CETA) T47
Independent professional (CETA) T43
Intra-corporate (company) transferee (CETA) T44
Spouse (CETA) T45
Investor (CPTPP) T50
Intra-company transferee (CPTPP) T51
Professional or technician (CPTPP) T52
Spouse (CPTPP) T53
R204(b) Provincial/territorial-international exemption codes
No approved agreements for now
R204(c) Canada-provincial/territorial exemption codes
Canada-provincial/territorial T13
Atlantic Immigration Pilot Program C18
R205: Canadian interests
R205(a) Significant benefit exemption codes
Significant benefit

Unique work situations:

‐          Airline staff (foreign airline security guards)

‐          Interns with international organizations recognized under the Foreign Missions and International Organizations Act

‐          Rail grinder operators, rail welders, and other specialized track maintenance workers

‐          Professionals on a mission, working for a United Nations (UN) office in Canada

‐          Foreign medical practitioners who are coming to work in Quebec

C10
Entrepreneurs

Unique work situations:

‐          Fishing guides (Canadian lakes)

‐          Foreign camp owner or director, and outfitters

‐          Foreign freelance race jockeys

C11
Intra-company transferees (including GATS)

Unique work situations

‐          Airline personnel (station managers)

C12
Emergency repair or repair personnel for out-of-warranty equipment C13
Television and film production workers C14
Francophone mobility C16
Live-in caregivers whose permanent residence application is submitted A71
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) C90
Spouses and dependants at age of majority of caregivers whose permanent residence application is submitted under the HCCPP or HSWP C91
Bridging open work permits (BOWPs) A75
‐          Caregivers under the HCCPP or HSWP
Unique work situations

‐          Certain Quebec Selection Certificate (CSQ) holders currently in Quebec

A75
R205(b) Reciprocal employment exemption codes
Reciprocal employment

Unique work situations:

‐          Fishing guides (border lakes)

‐          Residential camp counsellors

‐          USA government personnel (family members)

C20
Youth exchange programs C21
Academic exchanges (professors, visiting lecturers C22
Performing arts C23

R205(c) Designated by Minister

R205(c)(i) Research exemption codes

Research C31
i.1) Educational co-op (post-secondary) C32
i.2) Educational co-op (secondary level) C33
R205(c)(ii) Competitiveness and public policy exemption codes
Spouses of skilled workers C41
Spouses of students C42
Post-grad employment C43
Post-doctoral Ph.D. fellows and award recipients C44
Off-campus employment For concerned students seeking for off-campus work with a study permit
Medical residents and fellows C45

R205(d) Charitable or religious work exemption code

Religious work C50
Charitable work C50
R206 LMIA exemption codes: No other means of support
a)      Refugee claimants S61
b)      Persons under an unenforceable removal order S62
R207 exemption codes for permanent residence applicants in Canada
Permanent residence applicants in Canada:

a)      Live-in-caregiver class

b)      Spouse or common-law partner in Canada class

c)       Protected persons under subsection A95(2)

d)      Section A25 exemption (humanitarian and compassionate grounds)

e)      Family members of the above

A70
R207.1 exemption codes for vulnerable workers
Vulnerable workers     A72 A72
Family member of vulnerable worker A72
R208 exemption codes for humanitarian reasons
Destitute students H81
Holders of a temporary resident permit valid for a minimum of six months H82

ESDC Labour Market Impact Assessment usually place regards to;

  • If the foreigner has the ability to utilize special skills and experience to the company or business
  • If there is currently a labour dispute in the company or business
  • If the employer is offering a salary that is equivalent with the average wages being for such job in the area
  • If the working conditions are coherent with Canada labour laws, and allows collective bargaining
  • If the employer has attempted various recruitment activities with the aim of finding a Canada citizen or permanent citizen for the job

Labour Market Impact Assessment for high-wage positions:

TFWP stream for high wage workers is ideal to Canadian employers who have the intention to pay their foreign workers with a minimum of the median hourly wage of their Canada province/territory.

Labour Market Impact Assessment for low-wage positions:

TFWP stream for high wage workers is recommended to employers or businesses that want to pay foreign workers with below their province/territory’s median hourly wage. Labour Market Impact Assessment application for TFWP is classified under higher skilled occupations and lower skilled occupations.

Arranged employment (positive Labour Market Impact Assessment required)

Arranged employment implies that the foreigner national already has a valid job offer by a Canadian employer. Labour Market Impact Assessment application Federal Skilled Worker Program (FSWP) has influence on foreign nationals in 2 ways. It has effect on their eligibility under the Federal Skilled Worker Program, and also  for points that adds to the foreign worker’s entire score. Besides, arranged employment is valued at 15 points on Federal Skilled Worker’s selection factors.

Frequently Asked Questions (FAQs) about Labour Market Impact Assessment (LMIA)

1. What is Labour Market Impact Assessment?

Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) is a verification process that involves the assessment of job offers in order to hinder the impacts of foreign workers on the employment of its citizens.

2. How long does it take to obtain a Labour Market Impact Assessment?

This relies on the Labour Market Impact Assessment stream. Thereby,

  • Low-wage stream – 34 working days
  • High-wage stream – 29 working days
  • Permanent residence stream – 21 working days
  • Agricultural stream – 17 working days
  • Seasonal Agricultural Worker Program – 11 working days
  • In-home caregivers – 15 working days
  • Global Talent Stream – 13 working days

3. What is the median hourly wages of each Canada’s province or territory?

As of May 2020, the median hourly wages of various Canada provinces/territories includes;

  • British Columbia – $25.00
  • Ontario – $24.04
  • Quebec – $23.08
  • Manitoba – $21.60
  • Newfoundland and Labrador – $23.00
  • Nova Scotia – $20.00
  • Northwest Territories – $34.36
  • Yukon – $30.00
  • Alberta – $27.28
  • Nunavut – $32.00
  • New Brunswick – $20.12
  • Saskatchewan – $24.55
  • Prince Edward Island – $20.00