Refusal to process a Labour Market Impact Assessment application
New measures for low-wage positions
Starting September 26, 2024, certain LMIA applications submitted for low-wage positions will be affected by the following measures:
- certain LMIA applications for low-wage positions in census metropolitan areas with an unemployment rate of 6% or higher won't be processed
- in some sectors, the current 20% cap on the proportion of low-wage positions is being reduced to 10%
- in the construction and healthcare sectors, the cap on the proportion of low-wage positions is being reduced to 20%
- the maximum employment duration for low-wage positions is being reduced from 2 years to 1 year
There are certain conditions that may justify why we cannot process a Labour Market Impact Assessment (LMIA) 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 LMIA application for:
- positions above the cap on the proportion of low-wage positions
- low-wage positions in census metropolitan areas (CMA) with an unemployment rate of 6% or higher
- in-home caregiver positions where there is a live-in requirement
- any position if you have had a LMIA revoked in the past 2 years
- from September 3, 2024, to March 3, 2025, certain low-wage positions in the economic region of Montréal
Positions above the cap on the proportion of low-wage positions
Low-wage positions above the 10% cap
Your LMIA application won’t be processed if you’re above the 10% cap on the proportion of low-wage TFWs at the same work location.
Low-wage positions above the 20% cap
For the sectors, subsectors and occupations below, your LMIA application won’t be processed if you're above the 20% cap on the proportion of low-wage TFWs at the same work location, in the following:
- NAICS 23 – Positions in construction
- NAICS 311 – Positions in food manufacturing
- NAICS 622 – Positions in hospitals
- NAICS 623 – Positions in nursing and residential care facilities
- specific in-home caregiver positions under:
- NOC 31301 – Registered nurse or registered psychiatric nurse
- NOC 32101 – Licensed practical nurse
- NOC 44100 – Home childcare providers
- NOC 44101 – Attendant for persons with disabilities, home support worker, live-in caregiver, personal care attendant
- this exemption applies to all in-home caregivers; ESDC and IRCC are evaluating the impact of the inclusion in future measures
Low-wage positions in CMAs with an unemployment rate of 6% or higher
Certain LMIA applications submitted as of September 26, 2024 won't be processed. Those with:
- a wage below the provincial or territorial median hourly wage, and
- a work location in a CMA with an unemployment rate of 6% or higher at the time of LMIA submission
Applications exempted from the refusal to process measure
Applications submitted to fill certain occupations in the following sectors and subsectors will continue to be eligible for processing:
- occupations under primary agriculture
- NAICS 23 – Positions in construction
- NAICS 311 – Positions in food manufacturing
- NAICS 622 – Positions in hospitals
- NAICS 623 – Positions in nursing and residential care facilities
- specific in-home caregiver positions under:
- NOC 31301 – Registered nurse or registered psychiatric nurse
- NOC 32101 – Licensed practical nurse
- NOC 44100 – Home childcare providers
- NOC 44101 – Attendant for persons with disabilities, home support worker, live-in caregiver, personal care attendant
- this exemption applies to all in-home caregivers; ESDC and IRCC are evaluating the impact of the inclusion in future measures
- positions in support of permanent residency only (no application for work permit)
The occupation classification code is determined by the National Occupational Classification (NOC).
The classification code for the sectors is determined by the North American Industry Classification System (NAICS) Canada.
How to determine the current unemployment rate
If your LMIA application includes positions with different work locations, you must determine the unemployment rate for each location. If any of the work locations falls within a CMA with an unemployment rate of 6% or higher, your application may not be processed.
- Enter the complete postal code at Census of population
- On the results page, under the third geographic level, your "Census metropolitan area" or "Census agglomeration" will be listed. If the result is:
- Census agglomeration: Your LMIA application will be processed
- Census metropolitan area: Find the unemployment rate of your CMA by referring to the table below. If the unemployment rate is 6% or higher, your application may not be processed
If no information appears for the searched postal code, your LMIA application will be processed.
| Census metropolitan area | Unemployment rate (%) for applications submitted from September 26 to October 10, 2024 | Unemployment rate (%) for applications submitted from October 11, 2024, to January 9, 2025 |
|---|---|---|
| St. John's, Newfoundland and Labrador (map) | 7.2 | 6.6 |
| Halifax, Nova Scotia (map) | 6.1 | 5.7 |
| Moncton, New Brunswick (map) | 5.8 | 5.2 |
| Saint John, New Brunswick (map) | 6.8 | 5.7 |
| Saguenay, Quebec (map) | 3.6 | 3.4 |
| Québec, Quebec (map) | 3.9 | 4.2 |
| Sherbrooke, Quebec (map) | 5.3 | 5.6 |
| Trois-Rivières, Quebec (map) | 6.5 | 6.7 |
| Montréal, Quebec (map) | 7.3 | 6.8 |
| Ottawa-Gatineau, Ontario/Quebec (map) | 7.1 | 6.9 |
| Kingston, Ontario (map) | 6.6 | 6.9 |
| Belleville, Ontario (map) | 5.9 | 3.6 |
| Peterborough, Ontario (map) | 5.6 | 5.2 |
| Oshawa, Ontario (map) | 8.5 | 8.5 |
| Toronto, Ontario (map) | 8.6 | 8.6 |
| Hamilton, Ontario (map) | 7.4 | 6.7 |
| St. Catharines-Niagara, Ontario (map) | 7.5 | 6.9 |
| Kitchener-Cambridge-Waterloo, Ontario (map) | 7.6 | 8.0 |
| Brantford, Ontario (map) | 6.3 | 6.4 |
| Guelph, Ontario (map) | 5.3 | 5.9 |
| London, Ontario (map) | 7.5 | 7.4 |
| Windsor, Ontario (map) | 9.8 | 9.7 |
| Barrie, Ontario (map) | 6.2 | 5.7 |
| Greater Sudbury, Ontario (map) | 6.2 | 5.6 |
| Thunder Bay, Ontario (map) | 3.8 | 4.4 |
| Winnipeg, Manitoba (map) | 6.3 | 6.6 |
| Regina, Saskatchewan (map) | 6.8 | 6.7 |
| Saskatoon, Saskatchewan (map) | 5.5 | 5.6 |
| Lethbridge, Alberta (map) | 5.1 | 5.2 |
| Calgary, Alberta (map) | 7.6 | 7.5 |
| Edmonton, Alberta (map) | 8.5 | 8.7 |
| Kelowna, British Columbia (map) | 5.2 | 4.9 |
| Abbotsford-Mission, British Columbia (map) | 6.7 | 6.5 |
| Vancouver, British Columbia (map) | 6.2 | 6.5 |
| Victoria, British Columbia (map) | 3.5 | 3.9 |
- Last updated: October 11, 2024
- The unemployment rates are updated every quarter of the fiscal year:
- April to June
- July to September
- October to December
- January to March
- There may be a delay in publishing new rates.
- Source: Statistics Canada, Labour Force Survey
In-home caregiver positions with live-in requirements
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 31301, 32101, 44100 or 44101
- have been advertised and indicated on the LMIA application as being sought to fill positions, where there is a live-in requirement
Exceptions to this refusal to process for in-home caregiver positions
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:
- a physician’s note certifying both the medical condition and the need for live-in care
- Schedule H – Medical disability, chronic or terminal illness certificate (EMP5600)
Exceptional circumstances to in-home caregiver positions
You must submit a written rationale for possible exemption for exceptional circumstances as part of the Housing section of the LMIA 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 LMIA application for any position if you have had an application revoked in the past 2 years for having provided false, misleading or inaccurate information.
Temporary refusal to process LMIA applications for low-wage positions in Montréal
For more information, including the municipalities located in the economic region of Montréal, consult Hiring in the province of Quebec.
Processing fee
You won’t be charged the processing fee if we had to refuse to process your LMIA application or if you’re 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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