LMIA

Labour Market Impact Assessment (LMIA)

If your business is facing a labour shortage, or you are unable to find the talent your business needs, why not look outside of Canada? Your business may be eligible to access a pool of foreign workers to hire on a temporary basis when Canadian citizens and/or permanent residents are not available.

The Temporary foreign worker program or TFWP is a program of the Canadian Government to allow employers in Canada to hire foreign workers. The program is jointly administered by Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC). Canadian employers are required to obtain a document from Employment and Social Development Canada (ESDC)/Service Canada stating that they can hire the temporary worker. This is known as a Labour Market Impact Assessment (LMIA). Labour Market Impact Assessment (LMIA), formerly known as a Labour Market Opinion (LMO) is a document from Employment and Social Development Canada (ESDC) that gives the employer permission to hire a temporary foreign worker. It shows that there is a need for a foreign worker to fill the job and no Canadian worker is available to do the job.

The purpose of the LMIA is to make sure that foreign workers are not being chosen over Canadian citizens and/or permanent residents those are qualified for the job. Positive LMIA determines that hiring foreign nationals in the specified occupation and at the specified work location is likely to have a positive or neutral impact on the Canadian labour market.

Documents required for an LMIA application

LMIA application(s) can be different depending on the type of business/industry, business location, and the foreign worker they are looking to hire. Following is a generic checklist for reference:

• The LMIA rules, regulations and requirements are subject to frequent changes. These changes deal with different categories of jobs, duration, exemptions etc. Continuous research, attention to detail and painstaking hard work is required to obtain a positive LMIA. We help in assessment of our client's profile and advice them on their eligibility to get an LMIA.
• We also assist our clients/employers with the advertisement posting.
• We help Canadian employers for applying Labour Market Impact Assessment (LMIA) application and legally representing them before ESDC during the procedure.
• Copy of advertisement and information to demonstrate where, when and for how long the position was advertised.
• Business registration or legal Incorporation documents (if first LMIA application). This does not apply to employers of In-home Caregivers.
• Provincial/municipal business license (where applicable and if first LMIA application). This does not apply to employers of In-home Caregivers.
• Canada Revenue Agency (CRA) documents: T2 Schedule 100 Balance Sheet Information and T2 Schedule 125 Income Statement Information (for corporations). These are only required if this is the employer's first LMIA application. This does not apply to film and entertainment or employers of In-home caregivers.
• Provincial/territorial workplace safety and insurance (e.g. workers compensation board) clearance letter/certificate (if applicable).
• Attestations (if required) from a lawyer or Chartered Professional Accountant (CPA) in good standing with a law society or respective professional body. Attestations from Chartered Accountants in Quebec are not authorized by the Ordre des comptables professionnels agréés du Québec.
• Commercial lease agreement (where applicable). This does not apply to employers of In-home Caregivers.
• Film and Entertainment: Copy of employment contract (except film and TV).
• Provincial documentation requirements
  British Columbia: Employment Agency License (British Columbia's Employment Standards Act) if applicable
  Alberta: Employment Agency Business Licence (Alberta's Fair-Trading Act) if applicable.
  Manitoba: Certificate of Registration (Manitoba's Worker Recruitment and Protection Act).
  Saskatchewan: Employer Registration Certificate (The Foreign Worker Recruitment and Immigration Services Act) (no documentation required; however, employers must be registered).
  Nova Scotia: Employer Registration Certificate (Labour Standards Code).