LMIA

If your business is grappling with a labor shortage or struggling to find the right talent within Canada, consider exploring opportunities outside the country. The Temporary Foreign Worker Program (TFWP) offers a solution for Canadian employers to hire foreign workers on a temporary basis when no suitable Canadian citizens or permanent residents are available.

The TFWP is a joint effort between Employment and Social Development Canada (ESDC) and Immigration, Refugees, and Citizenship Canada (IRCC). To hire a temporary foreign worker, Canadian employers must obtain a Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC)/Service Canada. This assessment ensures that there is a genuine need for a foreign worker to fill the position and that no qualified Canadian worker is overlooked.

The purpose of the LMIA is to ensure that hiring foreign workers does not negatively impact qualified Canadian citizens and permanent residents who are seeking employment. A positive LMIA indicates that employing foreign nationals in the specific occupation and location will likely have either a positive or neutral effect on the Canadian labor market. This way, businesses can address their workforce needs while respecting the availability of local talent.

Documents Required For An LMIA Application

The documentation needed for an LMIA application can vary based on the type of business/industry, its location, and the foreign worker being hired. Here is a general checklist for reference:

• Advertisement Details: Copy of the job advertisement and information showing where, when, and for how long the position was advertised.

• Business Documentation: Business registration or legal incorporation documents (for first LMIA application), and provincial/municipal business license (if applicable and for the first application).

• Canada Revenue Agency (CRA) Documents: T2 Schedule 100 Balance Sheet Information and T2 Schedule 125 Income Statement Information (for corporations) if it is the employer’s first LMIA application (except for film and entertainment or employers of In-home caregivers).

• Provincial/Territorial Workplace Safety and Insurance: Clearance letter/certificate from the workers’ compensation board, if applicable.

• Attestations: Attestations from a lawyer or Chartered Professional Accountant (CPA) in good standing with the respective law society or professional body, if required. (Note: Chartered Accountants in Quebec are not authorized by the Ordre des comptables professionnels agréés du Québec).

• Commercial Lease Agreement: If applicable, a copy of the commercial lease agreement (not required for employers of In-home caregivers).

• Film and Entertainment: A copy of the employment contract (except for film and TV).

• Provincial Documentation (Additional Requirements):

1. British Columbia: Employment Agency License (British Columbia’s Employment Standards Act) if applicable.
2. Alberta: Employment Agency Business Licence (Alberta’s Fair-Trading Act) if applicable.
3. Manitoba: Certificate of Registration (Manitoba’s Worker Recruitment and Protection Act).
4. Saskatchewan: Employer Registration Certificate (The Foreign Worker Recruitment and Immigration Services Act) (no documentation required; however, employers must be registered).
5. Nova Scotia: Employer Registration Certificate (Labour Standards Code).

Please note that LMIA rules and requirements may change frequently, and obtaining a positive LMIA may require continuous research and attention to detail. Our services include assessing our client’s profile and advising them on their LMIA eligibility. We also assist clients/employers with posting advertisements and legally represent them before ESDC during the application procedure.

Provinces And Territories For LMIA Nomination

For LMIA Nomination, if you wish to be nominated by a specific province or territory, please follow the instructions provided on their official website and get in direct contact with them. Here is a list of the provinces and territories where you can seek nomination:

1. Alberta
2. British Columbia
3. Manitoba
4. New Brunswick
5. Newfoundland and Labrador
6. Northwest Territories
7. Nova Scotia
8. Ontario
9. Prince Edward Island
10. Saskatchewan
11. Yukon

Keep in mind that the criteria for nomination may differ across provinces and territories and can be subject to change without prior notice. It is advisable to regularly check their respective websites for the most up-to-date information.