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
• Public policy considerations in ministerial instructions

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 above the current cap
• in-home caregiver positions where there is a live-in requirement
• any position if you have had a Labour Market Impact Assessment revoked in the past 2 years

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 at the same work location.

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 31301, 32101, 44100 or, 44101
• 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:

• 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

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.