Overview
A positive Labour Market Impact Assessment (LMIA) formerly known as a Labour Market Opinion (LMO) may be required prior to hiring a qualified Foreign Worker for a Canadian Organization.
LMIA is a document issued by the Employment and Social Development Canada (ESDC) after determining that there is a positive impact on the Canadian Economy should you hire a Foreign Worker to fill the labour shortage your company is currently experiencing.
In certain circumstances, LMIA is not required; however, all steams that fall under the Temporary Foreign Worker Program (TFWP) requires LMIAs.
Application
Employment and Social Development Canada (ESDC) assess the Labour Market Impact Assessment application and supporting documents to confirm that the Canadian business:
- Has no compliance issues
- Can fulfill all of the terms of the job offer
- Is providing a good or a service in Canada
- Is offering employment that is consistent with the needs of the business
Before applying for a Labour Market Impact Assessment, you must ensure that you do not have past compliance issues with federal or provincial laws regulating employment or the recruitment of employees. Your past compliance will be assessed, and any issues may negatively impact your application.
Employers' application process will vary depending on the employees’ wage and the median wage of the province or territory of the location where Temporary Foreign Worker will be working in. Low-wage positions will require more processes than high-wage positions.
Median Hourly Wages By Province Or Territory (As Of April 30, 2022)
Province/Territory | Median hourly wages |
Alberta | $28.85 |
British Columbia | $26.44 |
Manitoba | $23.00 |
New Brunswick | $21.79 |
Newfoundland and Labrador | $24.29 |
Northwest Territories | $37.30 |
Nova Scotia | $22.00 |
Nunavut | $36.00 |
Ontario | $26.06 |
Prince Edward Island | $21.63 |
Quebec | $25.00 |
Saskatchewan | $25.96 |
Yukon | $32.00 |
Find out today if your business requires an LMIA.
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FAQ
Q: What is the difference
between the LMIA expiry date, duration of an LMIA and work permit expiry date?
A: The LMIA expiry date is the date by which the TFW must have applied for a work permit. If the TFW has not applied by that date, the LMIA is no longer valid and employers must apply for a new LMIA, if they still wish to hire a TFW.
The LMIA duration date is based on ESDC/Service Canada's assessment of an application for an LMIA. It identifies the recommended length of time that a work permit could be issued to a TFW without negatively impacting the Canadian labour market.
The work permit expiry date is determined by IRCC when the TFW applies for a work permit. It indicates how long the TFW will be allowed to work and reside in Canada.
Q: Do employers have to wait
until they have recruited a foreign worker to apply for an LMIA?
A: No. Most employers do not have to include the worker's name for ESDC/Service Canada to evaluate their LMIA application. However, these employers must continue to advertise the position to recruit Canadians or permanent residents until they have selected a TFW. They must provide the name of the TFW and other relevant information before the LMIA expires.
There are some exceptions, when employers are not able to apply for an unnamed LMIA . These exceptions depend on the stream the application is being submitted under and the province/territory where the job is located.
Q: Can ESDC/Service Canada
issue an LMIA with an expiry date of less than 18 months?
A: Yes. The Department can issue an LMIA that expires in less than 18 months (for example short employment period related to emergency or warranty work).