Modification to a Positive Labour Market Impact Assessment

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 equal to or less than the highest of:
  • 2%
  • the prevailing wage, or
  • Statistics Canada’s Consumer Price Index, annual inflation rate of previous year. Rate for year 2022 is 6.8%
• 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 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 ESDC’s Employer Contact Centre to report changes.

Important: Employer Contact Centre 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 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 the highest of:
  • 2%
  • the prevailing wage, or
  • Statistics Canada’s Consumer Price Index, annual inflation rate of previous year. Rate for year 2022 is 6.8%
• change in benefits or non-monetary compensation offered
• change in stipulated hours for TFWs
• Global Talent Stream 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

Please visit the Temporary Foreign Worker Program website for program information and LMIA application forms.