Modification to a positive Labour Market Impact Assessment
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Your obligations as an employer
Once you’ve received a positive Labour Market Impact Assessment (LMIA), you’re responsible for ensuring that you remain in compliance with the terms of the positive LMIA letter, the terms of its annexes, and the Immigration and Refugee Protection Act. If you want to make changes to any of these terms, or you’ve already made changes, you must take appropriate action.
We won’t re-approve or reassess your previously issued positive LMIA letter and its annexes, and under no circumstances provide authorization for a change in these documents. The only way we can determine whether modifications are justified is by conducting an inspection. When unjustified, you may be found non-compliant and subject to consequences such as a warning, an administrative monetary penalty or a ban from the Temporary Foreign Worker Program (TFWP).
Note: Information on this page doesn’t apply to adding or changing/replacing temporary foreign worker (TFW) names on a positive LMIA. Please refer to the TFWP individual stream for information.
Note: For LMIA applications submitted as of January 1, 2024, employers are required to update the wages of TFWs to ensure they’re paid the prevailing wage at the start of and throughout their period of employment.
Types of modifications
There are 2 types of modifications:
- minor: Usually, you can make minor modifications without submitting a new LMIA. However, some minor modifications are recommended to be reported to Employment and Social Development Canada (ESDC)
- material: If you make material modifications, we recommend you submit a new LMIA and/or voluntarily disclose modifications already made to a positive LMIA
1. Minor modification to a positive LMIA
Once a positive LMIA is issued, there are limits to what you can change without having to apply and pay for a new LMIA. The information below will help you to determine whether your modification is considered “minor” and whether you need to report the modification to ESDC.
Some examples of minor modifications that do not need to be reported to ESDC include:
- minor changes in job duties that wouldn’t modify the National Occupational Classification (NOC) code
- increase in wages equal to or less than the highest of:
- 2%
- the prevailing wage, or
- Statistics Canada’s Consumer Price Index, average annual inflation rate of previous year. Rate for year 2023 is 3.9%
- increase in wages to comply with federal, provincial or territorial laws
Note: Prevailing wage is defined as the higher of either:
- the median wage on Job Bank, or
- the wage that is within the wage range that you are paying your current employees hired for the same job and work location, and with the same skills and years of experience
Some examples of minor modifications that have to be reported without submitting a new LMIA to ESDC include:
- administrative errors (for example, a spelling mistake)
- changes to your contact information or to the contact information of your representative (either appointed by a third party or by you)
- information on an employment relationship breakdown (for example, layoff, leave of absence, deportation, or job offer cancellation or refusal)
- change in work location within the same economic region but no change in work activities or employer
- Global Talent Stream (GTS) only: Change in work location when the TFW’s wages remain at or above prevailing wage in the new economic region
Contact ESDC’s Employer Contact Centre to report changes.
Important: Employer Contact Centre agents won’t be able to advise you whether a modification is considered minor or material.
2. Material modification to a positive LMIA
The information below will help you determine whether your modification is considered material and whether you need to submit a new LMIA application. You must voluntarily disclose if changes to a positive LMIA have already been made.
Some examples of material changes that don’t respect the terms of the positive LMIA letter and annexes include:
- change in occupation or job duties, including promotions or demotions, which would modify the NOC code
- change in employer
- this includes assigning worker(s) to another work site owned/operated under a different or affiliated employer for a period of time, even if wages are being paid by the primary employer
- any decrease in wages
- increase in wages greater than the highest of:
- 2%
- the prevailing wage, or
- Statistics Canada’s Consumer Price Index, average annual inflation rate of previous year. Rate for year 2023 is 3.9%
- change in benefits or non-monetary compensation offered
- change in stipulated hours for TFWs
- GTS only: Change in work location to a different economic region when the worker’s wages fall below the prevailing wage in the new economic region
- changes that would result in a modification to the LMIA application stream
- where applicable, changes that would result in failure to meet commitments on or alterations to transition plans (applicable to high wage only)
- change in educational requirements
Visit Hire a TFW with an LMIA for information on the program and its different streams.
Visit LMIA Online resources for information on submitting LMIAs online.
Voluntary disclosure
If you’ve already made a modification that doesn’t respect the terms of the positive LMIA letter and annexes, we recommend that you voluntarily disclose this to ESDC.
Visit Voluntary disclosure for more information.
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