Revocation or suspension of Labour Market Impact Assessment and effect on work permit – Temporary Foreign Worker Program
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
In 2013, the Immigration and Refugee Protection Act (IRPA) was amended to provide the Minister of Employment and Social Development Canada (ESDC) with the authority to issue Ministerial Instructions (MIs) specifying when a Labour Market Impact Assessment (LMIA) can be revoked or suspended and when the processing of a request for an LMIA can be refused based on public policy.
Subsection 30(1.43) of the IRPA allows the Minister of ESDC to
- (a) revoke an assessment provided with respect to an application for a work permit
- (b) suspend the effects of the assessment
- (c) refuse to process a request for such an assessment
where public policy considerations exist.
The public policy considerations specified in the MIs were updated on April 15, 2016: Instructions Given by the Minister of Employment and Social Development Prescribing Public Policy Considerations Pursuant to Subsection 30(1.43) of the Immigration and Refugee Protection Act
For consistency with ESDC’s MIs to suspend LMIAs, the Minister of IRC issued MIs under paragraph A87.3(3)(a.1), directing officers to suspend the processing of applications for work permits under subparagraph R200(1)(c)(iii) where the relevant approved LMIA has been suspended by ESDC.
The Ministerial Instructions regarding the processing of certain work permit applications took effect on December 31, 2013 and were updated on April 20, 2016.
On this page
Revocation of an LMIA
The revocation of an LMIA means overturning the initial decision based on new information, which changes the opinion from positive to negative.
An LMIA may be revoked if it has not yet expired, work permits have not been issued by IRCC, or if one or more of the following circumstances apply:
- the employer has provided false, misleading or inaccurate information in the request for that assessment
- new information becomes available after a positive LMIA has been issued, indicating that the employment of the foreign national under the work permit is having or will have a significant negative effect on the labour market in Canada
- the employer has been found non-compliant after an inspection
The revocation of an LMIA should be based on reliable and documented evidence that confirms that the new information or altered circumstances would have had an impact on the assessment of the factors listed under section R203.
Suspension of an LMIA
The suspension of an LMIA means that the LMIA is no longer valid for the purposes of submitting a work permit application until the suspension is lifted.
Under paragraph A30(1.43)(b), the LMIA of a positive or neutral effect may be suspended if it has not yet expired, work permits have not been issued by IRCC, or if one or more of the following circumstances apply:
- the employer has provided false, misleading or inaccurate information in the request for that assessment
- new information becomes available after a positive LMIA has been issued, that, if known at that time, would have led to a different assessment
- there are reasonable grounds to suspect that the employer is not complying with the conditions set out in sections R209.3 or R209.4
- the employer has been found non-compliant after an inspection
The suspension of an LMIA should be based on reliable and documented evidence that confirms that the new information or altered circumstances would have had an impact on the assessment of the factors listed under section R203.
Suspension instructions for work permit applications
Important: When an LMIA (i.e. system file number) is suspended, all of the positions listed on that LMIA are suspended.
Application received before suspension and no final decision made before the LMIA is suspended
When IRCC receives a work permit application (for either a new permit or an extension) that is supported by a valid LMIA but ESDC subsequently suspends the LMIA, the work permit application will be suspended until ESDC has either lifted the suspension or revoked the LMIA.
Important: Officers should always refresh the Employment Details – LMIA sub-view tab before making any decision, to ensure they have the most up-to-date LMIA information.
If the Decision field or ESDC Comments field shows a status of Suspended, the work permit application will be placed on hold, and the applicant will be informed that their application is suspended as per the MIs.
Actions to be completed
Step 1: Confirm that the LMIA was valid when the work permit application was received and that the status is Confirmed.
The status of the LMIA is shown in the Decision field or ESDC Comments field. The decision should be one of the following: Confirmed, Revoked or Suspended.
- Confirmed: Positive decision on the LMIA request, or the suspension was lifted with no adverse findings.
- Revoked: LMIA has been revoked based on one of the public policy considerations.
- Suspended: LMIA effect has been suspended. Therefore, it is as if no LMIA exists during suspension.
Step 2: If the Decision field shows a status of Suspended or the ESDC Comments field indicates Suspended and a date later than the Decision Date, send a suspension notification letter to the applicant. No decision may be rendered on the work permit application until the status of the LMIA is either revoked or reconfirmed by ESDC.
A verification activity should be added to GCMS in the Other Reqs view tab, and a Due Date corresponding to 120 days should be entered.
Step 3: After 120 days, check the status of the LMIA.
- If ESDC has completed their review, the Decision and ESDC Comments fields will show as either Confirmed or Revoked. The processing of the work permit application can then continue normally.
- If ESDC has not yet completed their review, the Decision or ESDC Comments field will continue to show Suspended. The verification activity status should remain as pending and the Due Date changed for a further 120 days.
Application is received after an LMIA is suspended
As per paragraph A30(1.43)(b), the assessment with a positive or neutral effect on the labour market can be suspended. This means that while under suspension, an LMIA is considered non-existent (no positive or neutral opinion exists).
A work permit application received by paper form, after the relevant LMIA has been suspended by ESDC, should be returned (i.e., rejected) under section R12 as incomplete. When the application is submitted online, the application should be refused under subparagraph R200(1)(iii).
IRCC officers should not accept a work permit application whose supporting LMIA is suspended. The foreign national will have to resubmit their work permit application once the LMIA has been reconfirmed.
For Border Services Officers (BSOs) with the Canada Border Services Agency, a foreign national with a suspended LMIA is not eligible to apply at the port of entry as the foreign national would not meet the requirements of paragraph R198(2)(a).
At the port of entry, a foreign national makes an application verbally. There is no ability for a BSO to “suspend” the work permit application. When a foreign national applies for a new work permit at the port of entry based on a suspended LMIA, the LMIA is considered “not valid” for use as the basis for a work permit until the suspension is lifted. The BSO may allow the foreign national to withdraw their work permit application or may refuse it for not meeting the requirements of subparagraph R200(1)(c)(iii) and then make a determination on whether to allow entry as a temporary resident.
The normal enforcement or facilitation actions will be available to BSOs to deal with admissibility issues.
Application provisionally approved but work permit not issued before LMIA is suspended
When a foreign national arrives at a port of entry in possession of a letter of introduction for a work permit based on an LMIA and the LMIA has subsequently been suspended, the BSO should refuse to issue the work permit and should reopen the work permit application, placing it on hold until the LMIA is either reconfirmed or revoked.
The foreign national should be instructed to contact the processing office using the IRCC web form if they have questions.
The normal enforcement or facilitation actions will be available to BSOs to address admissibility issues.
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