LMIA Work Permits in Canada: An Overview

A Labour Market Impact Assessment (LMIA) is a crucial document issued by Employment and Social Development Canada (ESDC) to evaluate the potential effects of hiring a foreign national within Canada. The issuance of a positive LMIA signifies the unavailability of Canadian citizens or permanent residents for a particular role, granting employers the permission to hire foreign nationals. Conversely, a negative LMIA suggests that the position should be filled by a Canadian citizen or permanent resident.

Applying for an LMIA

The application process for an LMIA is exclusive to Canadian employers; foreign nationals are not eligible to apply for it. Although certain exemptions exist for hiring foreign workers exempt from LMIA or work permit requirements, Canada’s Temporary Foreign Worker Program (TFWP) mandates an LMIA for hiring outside the country. Furthermore, many routes to Canadian permanent residency demand a positive LMIA to acquire points for a Canadian job offer.

LMIA Application

Employers can initiate the LMIA application as early as six months before the intended position commencement. The application procedures vary based on the wage level of the prospective employee. Employers must consult their province or territory’s median hourly wages to classify positions as high-wage or low-wage, as the latter entails additional criteria. Specialized streams cater to LMIAs in specific employment sectors.

Prerequisites for LMIA Application

LMIA applications are submitted in hard copy via mail to the designated Service Canada Processing Centre. The application must demonstrate the fulfillment of various criteria:

Low-Wage Workers

Employers seeking LMIA for low-wage positions must fulfill three additional requirements:

Post-Approval LMIA Proceedings

Following LMIA application processing, employers receive a decision. A positive LMIA authorizes the hiring of foreign nationals, while a negative one denies such hiring privileges.

Median Hourly Wages by Province or Territory

Here are the median hourly wages by province or territory for different years:

Province/Territory	2021 Wage ($/Hour)	2022 Wage ($/Hour)
Alberta	28.85	28.85
British Columbia	26.44	27.5
Manitoba	23	23.94
New Brunswick	21.79	23
Newfoundland and Labrador	24.29	25
Northwest Territories	37.3	38
Nova Scotia	22	22.97
Nunavut	36	35.9
Ontario	26.06	27
Prince Edward Island	21.63	22.5
Quebec	25	26
Saskatchewan	25.96	26.22
Yukon	32	35

 

LMIA Exemptions

Certain cases warrant no LMIA for foreign worker hiring, often governed by the International Mobility Program. Additional details on LMIA exemptions and work permit requirements are available.

Facilitated LMIA (Quebec)

Quebec’s immigration autonomy leads to unique rules, like the facilitated LMIA process exempting employers from proving recruitment efforts for Canadian citizens or permanent residents.

Global Talent Stream (GTS)

The GTS, launched in partnership between IRCC and ESDC, empowers select Canadian employers to expedite hiring skilled global talent, enhancing their international competitiveness.

Intra-Company Transfers

Canada’s International Mobility Program allows high-skilled foreign nationals to work temporarily as intra-company transferees within Canada, if they are employed by a foreign company with Canadian locations.

NAFTA and CETA Work Permits

NAFTA and CETA provisions offer unique work opportunities for citizens of the US, Mexico, and EU nations in Canada, exempting them from LMIA and work permit requirements.