Labour Market Impact Assessment
(LMIA)
JG-CIS
Labour Market Impact Assessment
What is a Labour Market Impact Assessment?
A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that assesses the potential impact of hiring a foreign worker on Canada’s labor market. It is a crucial part of the process for employers who want to hire foreign nationals to work in Canada.
When is LMIA needed?
An LMIA is generally required when an employer in Canada wants to hire a foreign worker for a temporary work position. The LMIA helps ensure that hiring a foreign worker will not negatively affect Canada’s labor market by demonstrating that no qualified Canadian citizens or permanent residents are available for the job. However, there are specific situations when an LMIA is needed:
The LMIA Process
- Employer’s Need for a Foreign Worker
- LMIA Application. -> If the employer decides to proceed with hiring a foreign worker, they need to apply to Employment and Social Development Canada (ESDC) for an LMIA.
When is lmia needed?
- If an employer in Canada wants to hire a foreign worker for most temporary jobs, an LMIA is required. This includes a wide range of jobs, from low-skilled to highly skilled positions.
- The employer must apply for the LMIA and show that no qualified Canadian citizens or permanent residents are available to fill the position.
- High-wage positions: For jobs that offer wages above the median wage in the region, employers may still need an LMIA, but they might be subject to different requirements.
- Low-wage positions: The LMIA process for hiring workers in low-wage positions is generally more stringent, and there may be additional rules for areas where there are labor shortages.
For certain seasonal industries, like agriculture or hospitality, employers need an LMIA to hire foreign workers temporarily for these roles.
If the employer can prove that there is a significant labor shortage in their area or industry, they may be required to submit an LMIA application to ensure no qualified Canadian workers are available for the job.
The LMIA process is a central part of the TFWP, which allows employers to hire foreign workers when there is a proven labor need that can't be met by Canadians or permanent residents.
The LMIA process
1. Employer’s Need for a Foreign Worker
2. LMIA Application
- If the employer decides to proceed with hiring a foreign worker, they need to apply to Employment and Social Development Canada (ESDC) for an LMIA.
3. LMIA Assessment by ESDC
- Once the application is submitted, Employment and Social Development Canada (ESDC) reviews the application to determine whether hiring a foreign worker will negatively impact the Canadian labor market.
4. LMIA Decision
- After the assessment, ESDC will issue a decision
5. Worker applies for a Work Permit
- Once the employer receives a positive LMIA, the foreign worker can apply for a work permit through Immigration, Refugees and Citizenship Canada (IRCC).
6. Work Permit Issued
- If the work permit application is approved, the foreign worker will receive their work permit and can legally come to Canada to fill the job.
7. Employer Compliance
- Once the foreign worker is hired, the employer must comply with the conditions of the LMIA and the Temporary Foreign Worker Program (TFWP). This includes maintaining records of the foreign worker’s employment and ensuring that the working conditions and wages are as stated in the LMIA application. If the employer is found to be non-compliant, they may face penalties, including fines, bans on hiring foreign workers, or other enforcement actions.