Employment and Social development Canada (ESDC) may not process your application for Labour Market
Impact Assessment (LMIA) because of:
Regulatory Reasons
Public policy considerations in ministerial instructions
REGULATORY REASONS
ESDC does not have the authority to process applications from ineligible employers for the Temporary
Foreign Worker Program who:
regularly offer services in the sex industry (striptease, erotic dance, escort services or erotic massage)
are on the Immigration, Refugees and Citizenship Canada ineligibility list which includes employers who:
have been found non-compliant as result of an employer compliance review
have been banned from the Temporary Foreign Worker Program because non-compliance was discovered during an
inspection
are in default of payment of an administrative monetary penalty
MINISTERIAL INSTRUCTIONS
As a result of public policy considerations as determined in Ministerial instructions, ESDC may refuse
to process your LMIA application for:
certain low-wage positions in the accommodation and food services and retail trade sectors
low-wage positions above the current cap
certain high-wage and low-wage occupations in the province of Alberta
in-home caregiver positions where there is a live-in requirement
any position if you have had a Labour Market Impact Assessment revoked in the past 2 years
Low-wage positions in accommodation and food services and retail trade sectors
ESDC will not process your application when all three of the following conditions apply:
Position is in an economic region with an unemployment rate of 6% or higher (as defined by the
Program-specific Statistics Canada data used by Service Canada for the purposes of the Temporary Foreign
Worker Program);
Position is in the Accommodation and food services sector (North American Industry Classification System
(NAICS) code 72) or Retail trades sector (NAICS codes 44 to 45); and
Position is classified under the National Occupational Classification (NOC) codes 6541, 6611, 6622, 6711,
6721, 6731, 6732, 6733, 7611 and 8612.
Low-wage positions above the current cap
ESDC will not process your application if you are above the current cap on the proportion of low-wage
temporary foreign workers for the same positions at the same work location.
Most positions in the province of Alberta
All new and pending LMIAs for positions in Alberta must be on the list of exempt occupations to be
eligible for processing. Until further notice, ESDC will refuse to process LMIAs if the position you are looking
to fill is not listed, unless you qualify for exemption.
Exemptions to the Alberta refusal to process
Your LMIA will be exempt from the Alberta Refusal to Process if
You are seeking to hire a TFW for 30 calendar days or less of employment duration for:
Work that requires a specialist with proprietary knowledge and/or experience related to the work to
be
performed; or,
Work that entails installation, inspection or repair of equipment, whereby the warranty requires the
work to
be done by workers designated by a manufacturer.
It is an Express Entry application in support of permanent residence or dual intent.
It is submitted under the Global Talent Stream and deemed eligible.
In-home Caregiver positions
ESDC will not process your application for In-home Caregiver positions, where there is a live-in
requirement, that:
are classified under the NAICS as a Private household (NAICS 814)
are classified under the NOC codes 3012, 3233, 4411 or 4412
have been advertised and indicated on the Labour Market Impact Assessment application as being sought to
fill positions, where there is a live-in requirement
Exceptions to refusal to process LMIA applications for in-home Caregiver positions
High medical needs clients
If you are seeking to hire an in-home caregiver with a mandatory live-in requirement for high medical
needs clients (for example people with disabilities, seniors, individuals with chronic or terminal illnesses),
you must submit either:
a physician’s note certifying both the medical condition and the need for live-in care
Schedule H – Medical disability, chronic or terminal illness certificate (EMP5600)
Exceptional circumstances
You must submit a written rationale for possible exemption for exceptional circumstances as part of
the Housing section of the Labour Market Impact Assessment application form. The rationale must include:
a clear explanation of why live-in care is required
how frequently the situation necessitating live-in care occurs
to what degree you can influence this frequency
a description of what other options were explored in order to meet the need for care and why they were
deemed not viable
how you will ensure fair working conditions for the in-home caregiver, despite the live-in requirement
Previous revocation
Service Canada may refuse to process your LMIA application for any position if you have had an
application revoked in the past two years for having provided false, misleading or inaccurate information.
Processing fee
You will not be charged the processing fee, if ESDC had to refuse to process your LMIA application or
if you are an ineligible employer. In addition, a letter will be sent to you with the reason why your
application was not processed.
NEED HELP?
Get in Touch for more information or for applying for a LMIA or/and help your workers apply for a work
permit.
Employment and Social development Canada (ESDC) may not process your application for Labour Market Impact Assessment (LMIA) because of:
REGULATORY REASONS
ESDC does not have the authority to process applications from ineligible employers for the Temporary Foreign Worker Program who:
MINISTERIAL INSTRUCTIONS
As a result of public policy considerations as determined in Ministerial instructions, ESDC may refuse to process your LMIA application for:
Low-wage positions in accommodation and food services and retail trade sectors
ESDC will not process your application when all three of the following conditions apply:
Low-wage positions above the current cap
ESDC will not process your application if you are above the current cap on the proportion of low-wage temporary foreign workers for the same positions at the same work location.
Most positions in the province of Alberta
All new and pending LMIAs for positions in Alberta must be on the list of exempt occupations to be eligible for processing. Until further notice, ESDC will refuse to process LMIAs if the position you are looking to fill is not listed, unless you qualify for exemption.
Exemptions to the Alberta refusal to process
Your LMIA will be exempt from the Alberta Refusal to Process if
In-home Caregiver positions
ESDC will not process your application for In-home Caregiver positions, where there is a live-in requirement, that:
Exceptions to refusal to process LMIA applications for in-home Caregiver positions
High medical needs clients
If you are seeking to hire an in-home caregiver with a mandatory live-in requirement for high medical needs clients (for example people with disabilities, seniors, individuals with chronic or terminal illnesses), you must submit either:
Exceptional circumstances
You must submit a written rationale for possible exemption for exceptional circumstances as part of the Housing section of the Labour Market Impact Assessment application form. The rationale must include:
Previous revocation
Service Canada may refuse to process your LMIA application for any position if you have had an application revoked in the past two years for having provided false, misleading or inaccurate information.
Processing fee
You will not be charged the processing fee, if ESDC had to refuse to process your LMIA application or if you are an ineligible employer. In addition, a letter will be sent to you with the reason why your application was not processed.
NEED HELP?
Get in Touch for more information or for applying for a LMIA or/and help your workers apply for a work permit.