Business legitimacy
On this page
- What’s a business legitimacy assessment
- Find out if you need to provide supporting documents
- Factors being assessed
What’s a business legitimacy assessment
As part of the Temporary Foreign Worker Program’s (TFWP) Labour Market Impact Assessment (LMIA), all job offers made by employers must be assessed to ensure that both the business and the job offer are genuine and legitimate.
We assess your LMIA application and any supporting documents to confirm that your business:
- is providing a good or a service in Canada
- is offering employment that's consistent with the reasonable needs of your business
- can fulfill all of the terms of the job offer, including the wages for TFWs and other applicable financial obligations
- has no compliance issues
For more information about these 4 factors, consult Immigration and Refugee Protection Regulations.
A job offer must meet all 4 factors above to be considered genuine and legitimate. If you don’t meet 1 or more factors, the LMIA decision will be negative.
Find out if you need to provide supporting documents
To support our business legitimacy assessment, you may need to submit supporting documents depending on:
- your history with the TFWP, and
- the type of LMIA application you’re submitting and type of employer
- foreign-based employers
- foreign vessel applications
- in-home caregiver applications
- permanent residency applications
- primary agriculture applications
- private household employers
- trucking applications
Consult the sections on the 4 different factors below to find out if you need to submit supporting documents and what documents to submit.
It’s your responsibility to submit documents that clearly demonstrate that your business and the job offer are genuine and legitimate and meet the assessment of all 4 factors.
At any time, Service Canada may request additional documents to complete a business legitimacy assessment. Any supporting document submitted is used for the assessment of the LMIA application. Document submission doesn’t indicate that your application will be approved.
Important information when submitting documents
Canada Revenue Agency (CRA) documents New
You must submit the most recent documents that have been assessed and issued by the CRA. Service Canada won't accept documents that have been printed and filled out from the CRA website if they haven't been submitted to and processed by the CRA.
Personal information
You must protect personal information, especially social insurance numbers, from theft and misuse. Redact or black out any personal information when submitting supporting documents.
Language of documents
Any supporting document submitted in a language other than an official language must be accompanied by an English or French translation and an affidavit from the person who completed the translation. This affidavit must attest to the accuracy of the translation and to the name of the person who translated the document.
Factors being assessed
A. Proof of providing a good or service
All employers, except private household employers
Based on your history with the TFWP, you don't need to submit any of the documents below if:
- your most recent LMIA decision was positive, and
- this positive LMIA was issued in the past 2 years
If you don’t meet the above conditions, you need to submit a valid municipal business licence. If the municipal business licence isn’t required in your area, submit any applicable permit or licence that you must have to operate your business.
If you operate in an area that doesn’t require a business licence or permit
If a municipal business licence and/or other applicable permit or licence isn’t required for you to operate your business, you can provide one of the documents listed below. For CRA documents, submit the most recently assessed, processed or issued documents:
- T4 Summary of remuneration paid
- T2SCH100 Balance sheet information – Schedule 100 and T2SCH125 Income statement information – Schedule 125 (for corporations)
- PD7A Statement of account for current source deductions
- other appropriate documents that clearly demonstrate that your business is in operation and provides a good or service in Canada. Service Canada will consider these documents on a case-by-case basis
Foreign-based employers
If you’re required to provide a supporting document based on your history with the TFWP, you can submit your contract or invoice for the goods or services that you’re providing in Canada if:
- you don’t have a CRA business number, and
- your business address and operation are outside of Canada
Permanent residency applications
If you’re required to provide a supporting document based on your history with the TFWP, you must include a document that clearly demonstrates that your business has been in operation for a minimum of 1 year.
Permanent residency applications don’t apply to positions in Quebec.
Trucking applications
Regardless of your history with the TFWP, you must always submit the following documents with every single trucking application:
- copy of your current carrier profile/public profile report or document
- copy of your current National Safety Code (NSC) certificate, and
- copy of your current fleet insurance
These documents may have different names depending on the province or territory. Check with the department in charge of transportation and trucking in your province or territory.
These documents will also be used to assess other factors of business and job offer legitimacy.
Foreign vessel applications
Regardless of your history with the TFWP, you must always submit a copy of the Coasting Trade Act letter of authority issued by the Canada Border Services Agency with every single application for positions onboard a foreign vessel undertaking coastal trade in Canadian waters.
This document will also be used to assess other factors of business and job offer legitimacy.
Private household employers
You may need to provide proof of address with every single application. This address is the work location where the foreign national will perform their duties.
Caregiver positions
If you and the care recipient reside at different addresses, provide proof of the care recipient's address.
If you reside at the same address as the care recipient, you don't need to provide proof of address.
Non-caregiver positions
If you're hiring a foreign worker to work out of your home and you don't provide a good or service, provide proof of address.
Examples of proof of address
- A driver's license
- A utility bill
- A provincial/territorial identification card
- A bank statement
- A notice of assessment from the CRA, or
- A statement of other government benefits, such as the Canada Pension Plan, Old Age Security, or the Guaranteed Income Supplement
B. Reasonable employment need
Your LMIA application will be used to assess whether the job offer is consistent with the reasonable needs of the business. Service Canada may also request other documents to assess this factor.
However, if you submit the following applications, you must also provide the supporting documents listed below.
In-home caregiver applications
You must always provide proof of individual requiring care, such as:
- proof of age if the person receiving care is:
- younger than 18 years of age
- 65 years of age or older
- proof of disability, chronic or terminal illness if the person receiving care has high medical needs
Trucking applications
Regardless of your history with the TFWP, you must always submit the following documents with every single trucking application:
- copy of your current carrier profile/public profile report or document
- copy of your current NSC certificate, and
- copy of your current fleet insurance
These documents may have different names depending on the province or territory. Check with the department in charge of transportation and trucking in your province or territory.
These documents will also be used to assess other factors of business and job offer legitimacy.
Foreign vessel applications
Regardless of your history with the TFWP, you must always submit a copy of the Coasting Trade Act letter of authority issued by the Canada Border Services Agency with every single application for positions onboard a foreign vessel undertaking coastal trade in Canadian waters.
This document will also be used to assess other factors of business and job offer legitimacy.
Foreign-based employers
Regardless of your history with the TFWP, if you don’t have a CRA business number and your business address and operation are outside of Canada, you must always submit your contract or invoice for the goods or services that you're providing in Canada with every single LMIA application.
This document will also be used to assess other factors of business and job offer legitimacy.
C. Ability to fulfill terms of the job offer
All employers, except private household employers
Based on your history with the TFWP, you don’t need to submit any of these documents if:
- your most recent LMIA decision was positive, and
- this positive LMIA was issued in the past 2 years
If you don’t meet the conditions above, you need to submit the most recently assessed, processed or issued CRA document that applies to you:
- T2SCH100 Balance sheet information – Schedule 100 and T2SCH125 Income statement information – Schedule 125 (for corporations)
- T2042 Statement of farming activities (for self-employed farmer or a partner in a farming business)
- T2125 Statement of business or professional activities (for sole proprietorships)
- T3010 Registered charity information return (for registered charities)
- T5013SCH1 Net income (loss) for income tax purposes – Schedule 1 (for partnerships)
You can submit other documents in addition to the CRA document, or if the CRA document isn’t available for your business
These documents must be appropriate and clearly demonstrate your ability to fulfill terms of the job. Service Canada will consider these documents on a case-by-case basis.
You can submit an attestation if all the above documents are unavailable
An attestation from a financial institution can be submitted; however, financial institutions aren't obligated to provide an attestation for LMIA purposes.
Service Canada may contact the financial institution and/or the attestor to verify the attestation.
See the sample attestation for specific requirements and an example.
Primary agriculture applications
In addition to the CRA document, or if the CRA document isn’t available for your business, you can provide proof of your enrolment in a federal, provincial, or territorial agricultural program.
Trucking applications
Regardless of your history with the TFWP, you must always submit the following documents with every single trucking application:
- copy of your current carrier profile/public profile report or document
- copy of your current NSC certificate, and
- copy of your current fleet insurance
These documents may have different names depending on the province or territory. Check with the department in charge of transportation and trucking in your province or territory.
These documents will also be used to assess other factors of business and job offer legitimacy.
Foreign-based employers
Regardless of your history with the TFWP, if you don’t have a CRA business number and your business address and operation are outside of Canada, you must always submit your contract or invoice for the goods or services that you're providing in Canada with every single LMIA application.
This document will also be used to assess other factors of business and job offer legitimacy.
Private household employers
You must always provide the following documents with every single application to show your income exceeds Statistics Canada's low income cut-off:
- your most recent notice of assessment (NOA) from the CRA
- If you submit your LMIA application after July 1, you must submit the NOA from the past year. NOAs from previous years won’t be accepted, or
- in extraordinary cases, copies of pay stubs, bank statements, personal work contracts or other official documents, along with an acceptable rationale
D. Compliance with federal or provincial/territorial laws
You must comply with federal or provincial/territorial laws that regulate employment or the recruitment of employees in the province or territory in which the foreign national works.
During the assessment of your LMIA application, we'll check to see if you've had any compliance issues. Any issues may impact your application.
In the event of inspections, Service Canada may request relevant proof or documentation to demonstrate or corroborate your compliance.
Hiring workers in British Columbia, Manitoba, Saskatchewan or Nova Scotia
If you’re hiring TFWs in British Columbia, Manitoba, Saskatchewan or Nova Scotia, you must include the following with your LMIA application:
- a valid provincial employer registration certificate, or
- proof of exemption
Your LMIA application will be considered incomplete if submitted without the required documentation. Be sure to consider provincial processing times before you submit your LMIA applications.
For more information on provincial laws on the employer registration requirement and possible exemptions in the province, visit the following websites:
- British Columbia:
- Manitoba:
- Saskatchewan:
- Nova Scotia:
Other documents for LMIA processing
The information on this page is about documents required for the business genuineness and legitimacy assessment, which is only a part of the overall LMIA process. For information on documents required for other aspects of LMIA assessments, visit the web pages dedicated to the stream and the application type you’re applying under.
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