Labour Market Impact Assessment (LMIA)

When your business encounters a shortage of skilled labor or struggles to find the right talent locally, why not consider casting a wider net beyond Canada? Your business may qualify to tap into a diverse pool of foreign workers available for temporary hire, particularly when Canadian citizens or permanent residents are not readily accessible.

Enter the Temporary Foreign Worker Program (TFWP), a thoughtful initiative by the Canadian Government that empowers employers to connect with foreign talents. Coordinated by Employment and Social Development Canada (ESDC) and Immigration, Refugees, and Citizenship Canada (IRCC), this program necessitates Canadian employers to secure a vital document from Employment and Social Development Canada (ESDC)/Service Canada—the esteemed Labour Market Impact Assessment (LMIA). Formerly known as a Labour Market Opinion (LMO), the LMIA serves as the green light for employers to bring in temporary foreign workers, validating the essential need for their roles when no Canadian worker is available.

At its core, the LMIA strives for fairness in hiring practices, ensuring a balance that prevents foreign workers from being prioritized over equally qualified Canadian citizens or permanent residents. A positive LMIA signifies that hiring foreign nationals for a specific occupation and at a designated work location is not just necessary but also likely to contribute positively or neutrally to the Canadian labor market.

Documents Needed for LMIA Applications

The requirements for LMIA applications vary based on factors such as business type, industry, location, and the specific foreign worker being sought. Here’s a general checklist:

LMIA rules and regulations undergo frequent changes, encompassing job categories, durations, exemptions, and more. Achieving a positive LMIA demands continuous research, meticulous attention to detail, and dedicated effort. We conduct a thorough assessment of our clients’ profiles, offering guidance on LMIA eligibility and assisting with the posting of advertisements.

Our services extend to supporting Canadian employers throughout the LMIA application process, legally representing them before ESDC. Key documents required include:

1. Copy of the advertisement, showcasing details of where, when, and for how long the position was advertised.
2. Business registration or legal incorporation documents (for the first LMIA application), excluding employers of In-home Caregivers.
3. Provincial/municipal business license (if applicable and for the first LMIA application), excluding employers of In-home Caregivers.
4. Canada Revenue Agency (CRA) documents: T2 Schedule 100 Balance Sheet Information and T2 Schedule 125 Income Statement Information (for corporations), specifically for the first LMIA application, excluding film and entertainment or employers of In-home caregivers.
5. Provincial/territorial workplace safety and insurance clearance letter/certificate (if applicable).
6. 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.
7. Commercial lease agreement (if applicable), excluding employers of In-home Caregivers.
8. Film and Entertainment: Copy of the employment contract (except for film and TV).
9. Provincial documentation requirements:
   • British Columbia: Employment Agency License (if applicable).
   • Alberta: Employment Agency Business Licence (if applicable).
   • Manitoba: Certificate of Registration.
   • Saskatchewan: Employer Registration Certificate (no documentation required but registration is mandatory).
   • Nova Scotia: Employer Registration Certificate.