Refusal to process a Labour Market Impact Assessment application

There are certain conditions that may justify why we cannot process a Labour Market Impact Assessment application. These conditions include:

Regulatory authority

We do not have the authority to process applications from ineligible employers for the Temporary Foreign Worker Program who:

  • regularly offer services in the sex industry (striptease, erotic dance, escort services or erotic massage)
  • are on the Immigration, Refugees and Citizenship Canada ineligibility list which includes employers who:
    • have been found non-compliant as result of an employer compliance review
    • have been banned from the Temporary Foreign Worker Program because non-compliance was discovered during an inspection
    • are in default of payment of an administrative monetary penalty

Ministerial instructions

As a result of public policy considerations as determined in Ministerial instructions, we may refuse to process your Labour Market Impact Assessment application for:

Certain positions in accommodation and food services and retail trade sectors

Positions in Accommodation and Food Services and Retail Trade sectors:

  • in an economic region with an unemployment rate of 6% or higher (as defined by the Program-specific Statistics Canada data used by Service Canada for the purposes of the Temporary Foreign Worker Program)
  • in the Accommodation and food services sector (North American Industry Classification System (NAICS) code 72) or Retail trades sector (NAICS codes 44 to 45); and
  • classified under the National Occupational Classification (NOC) codes 6541, 6611, 6622, 6711, 6721, 6731, 6732, 6733, 7611 and 8612

We will refuse to process your LMIA application when all three conditions apply.

Note:

Due to the serious economic impacts resulting from Covid-19, all economic regions in Canada are now considered to have unemployment rates of at least 6% or above.

Low-wage positions above the current cap

Low-wage positions, if you are above the current cap on the proportion of low-wage temporary foreign workers for the same positions at the same work location.

Certain high-wage and low-wage positions in the province of Alberta

Due to the COVID-19 pandemic, all new and pending LMIAs for positions in Alberta will not be eligible for processing if included on the List of Occupations Subject to Alberta Refusal to Process Pilot Project, unless they qualify for exemption below.

The Government of Alberta's Employer Liaison Services helps employers learn about options for hiring Albertans and Canadians first. For more information and assistance, contact Alberta Labour.

Exemptions to the Alberta refusal to process

Short-term duration technical work

Your LMIA will be exempt from the Alberta Refusal to Process if you are seeking to hire a TFW for 30 calendar days or less of employment duration for:

  • work that requires a specialist with proprietary knowledge and/or experience related to the work to be performed, or
  • work that entails installation, inspection or repair of equipment, whereby the warranty requires the work to be done by workers designated by a manufacturer.
Express Entry - Permanent Residence or Dual Intent

Your LMIA will be exempt from the Alberta Refusal to Process if it is an Express Entry application in support of permanent residence or dual intent.

Global Talent Stream

Your LMIA will be exempt from the Alberta Refusal to Process if it is submitted under the Global Talent Stream and deemed eligible.

In-home Caregiver positions

In-home Caregiver positions, where there is a live-in requirement, that:

  • are classified under the NAICS as a Private household (NAICS 814)
  • are classified under the NOC codes 3012, 3233, 4411 or 4412
  • have been advertised and indicated on the Labour Market Impact Assessment application as being sought to fill positions, where there is a live-in requirement

Exceptions to this refusal to process

High medical needs clients

If you are seeking to hire an in-home caregiver with a mandatory live-in requirement for high medical needs clients (for example people with disabilities, seniors, individuals with chronic or terminal illnesses), you must submit either:

Exceptional circumstances

You must submit a written rationale for possible exemption for exceptional circumstances as part of the Housing section of the Labour Market Impact Assessment application form. The rationale must include:

  • a clear explanation of why live-in care is required
  • how frequently the situation necessitating live-in care occurs
  • to what degree you can influence this frequency
  • a description of what other options were explored in order to meet the need for care and why they were deemed not viable
  • how you will ensure fair working conditions for the in-home caregiver, despite the live-in requirement

Previous revocation

We may refuse to process your Labour Market Impact Assessment application for any position if you have had an application revoked in the past two years for having provided false, misleading or inaccurate information.

Processing fee

You will not be charged the processing fee, if we had to refuse to process your Labour Market Impact Assessment application or if you are an ineligible employer. In addition, a letter will be sent to you with the reason why your application was not processed.

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