Modification to a Positive Labour Market Impact Assessment
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Your obligations as an employer
Once you have received a positive Labour Market Impact Assessment (LMIA), you are 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 have already made changes, you must take appropriate action.
- If the modification you would like to make does not respect the terms of the positive LMIA, we recommend that you submit a new LMIA application
- If the modification you have already made does not respect the terms of the positive LMIA, we recommend that you voluntarily disclose this modification and take steps to return to compliance and/or submit a new LMIA application
We will not 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 TFW Program.
Note: Information on this page does not apply to adding or changing/replacing temporary foreign worker names on a positive LMIA. Please refer to the TFW Program individual stream for information.
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 ESDC
- material: If you make material modifications, you are recommended to 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 which would not modify the National Occupational Classification (NOC) code
- increase in wages by up to 2%, or by up to the Bank of Canada’s listed annual inflation rate of previous year (whichever is higher)
- increase in wages to comply with federal, provincial or territorial laws
Some examples of minor modifications that will have to be reported 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, such as 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 only: Change in work location when the temporary foreign worker’s wages remain at or above prevailing wage in the new economic region
Please contact the ESDC’s Employer Contact Centre (ECC) to report changes.
Important: ECC agents will not 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 to 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 do not 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 2% or the Bank of Canada’s listed inflation rate per year
- change in benefits or non-monetary compensation offered
- change in stipulated hours for TFWs
- change in work location to a different economic region when the worker’s wages fall below the prevailing wage in the new economic region (applicable to GTS stream only)
- 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
Please visit the Temporary Foreign Worker Program website for program information and LMIA application forms.
If you have already made a modification that does not respect the terms of the positive LMIA letter and annexes, we recommend that you voluntarily disclose this to ESDC.
Please visit the Voluntary Disclosure web page for more information.
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