Refusal to process a Labour Market Impact Assessment application

There are certain conditions which 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:

Low-wage positions in accommodation and food services and retail trade sectors

Low-wage positions in Accommodation and Food Services and Retail Trade sectors (except for those with specific Yellowknife postal codes):

  • in an economic region with an unemployment rate of six percent 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 44-45)
  • classified under the National Occupational Classification (NOC) codes 6541, 6611, 6622, 6711, 6721, 6731, 6732, 6733, 7611 and 8612
Yellowknife postal codes

Yellowknife postal codes

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Low-wage positions at or above the current cap

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

High-wage and low-wage occupations in the province of Alberta

We will not process your application if the position you are looking to fill is included in the list of occupations.

We will also refuse to process applications, for which the work duration is greater than six months, for specialized positions under NOC 7237 - Pressure/Alloy welders, NOC 7271 – Scaffolders, NOC 7293 – Insulators, and NOC 7311 - Construction Millwrights.

Exceptions:

Specialized positions under NOC 7241 – industrial and power system electricians, and under NOC 7371 – all terrain crane operators, may be processed as regular applications for high-wage or low-wage positions.

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.

List of occupations

Management occupations
Number National Occupational Classification code Positions that will not be processed Specialized positions that will not be processed if work duration is greater than six months
1 0112 Human resources managers -
2 0211 Engineering managers -
Business, finance, and administration occupations
Number National Occupational Classification code Positions that will not be processed Specialized positions that will not be processed if work duration is greater than six months
3 1215 Supervisors, supply chain, tracking and scheduling co-ordination occupations -
4 1225 Purchasing agents and officers -
5 1523 Production logistics co-ordinators -
Natural and applied sciences and related occupations
Number National Occupational Classification code Positions that will not be processed Specialized positions that will not be processed if work duration is greater than six months
6 2113 Geoscientists and oceanographers -
7 2131 Civil engineers -
8 2132 Mechanical engineers -
9 2133 Electrical and electronic engineers -
10 2212 Geological and mineral technologists and technicians -
11 2231 Civil engineering technologists and technicians -
12 2253 Drafting technologists and technicians -
Trades, transport and equipment operators and related occupations
Number National Occupational Classification code Positions that will not be processed Specialized positions that will not be processed if work duration is greater than six months
13 7202 Contractors and supervisors, electrical trades and telecommunications occupations -
14 7231 Machinists and machining and tooling inspectors -
15 7237 Welders and related machine operators Pressure/Alloy welders
16 7241 Electricians (except industrial and power system) -
17 7242 Industrial electricians -
18 7251 Plumbers -
19 7271 Carpenter Scaffolders
20 7293 Insulators Insulators
21 7301 Contractors and supervisors, mechanic trades -
22 7302 Contractors and supervisors, heavy equipment -
23 7311 Industrial mechanics Construction millwrights
24 7312 Heavy-duty equipment mechanics -
25 7322 Motor vehicle body repairers -
26 7371 Crane operators (except all terrain crane operators) -
Occupations in manufacturing and utilities
Number National Occupational Classification code Positions that will not be processed Specialized positions that will not be processed if work duration is greater than six months
27 8222 Contractors and supervisors, oil and gas drilling and services -
28 8232 Oil and gas well drillers, servicers, testers and related workers -
29 8412 Oil and gas well drilling and related workers and services operators -
30 8615 Oil and gas drilling, servicing and related labourers -
31 9232 Petroleum, gas and chemical process operators -

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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