Labour Market Impact Assessments (LMIAs) are applications whereby employers substantiate to the Canadian government that there is a rationale to permit them to recruit foreign workers for particular positions in Canada. The approval of an LMIA means that an employer may now offer relevant positions to foreign nationals, and those foreign nationals may now apply for work permits. (There are categories of work permits where no LMIA is required, but for today, we are looking only at LMIA-based applications.) Commencing April 2023, subject to very limited exceptions, all LMIA applications must be filed online. (The online system has existed previously, but it was not mandatory.)
Though the substance of an LMIA application should remain the same, the revised methodology will alter some procedural aspects of the process, which can impact employers seeking foreign workers.
Some considerations with regard to the online process:
- The portal is managed through the Job Bank. Employers will need a Job Bank account at https://employer.jobbank.gc.ca/employer/. This in turn requires employers to have a CRA payroll account.
- For non-Canadian companies, this is one of the situations where an exception exists, and a ‘manual’ (through email) application may be filed. Where a company meets an exception, a PDF form must be requested at form.request.esdc@servicecanada.gc.ca.
- Where the employer has a lawyer or other authorized representative, it will be necessary to have the representative added to the employer portal (in some cases, it may be possible to utilize the representative’s portal).
- The online process forces the application in a certain direction, and it is therefore imperative that correct information be input to ‘steer’ the application in the right direction.
- For instance, whereas in a manual application, the employer would indicate that the position is a high-wage or low-wage position (based on designated cut-offs, and based on which, there will be implications in terms of transition plans, caps, etc.), the online form will now automatically decide whether it is high-wage or low-wage based on the salary input. So, inputting a wrong salary will force the online form to go toward one application or the other.
- Where an application is ‘dual intent’ – meaning it is for both a work permit and in support of a permanent residence application, the ‘Express Entry’ should be selected.
- The payment for the application is made when the system generates a request for payment. This is not necessarily simultaneous, and could indeed take a few days.
There are certainly more details, and employers needing to file LMIAs should ensure that they are familiar with the system and/or consult an appropriate professional, but the information above should serve to provide employers with a ‘head start’ as they begin using the system, particularly if they were used to prior manual filings. Note that there is general information, including a video on the system, which can be found at https://www.canada.ca/en/employment-social-development/services/foreign-workers/online-portal.html, which may be worth reviewing before venturing into the new system.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.