2021 LMIA: Hire a Agricultural Temporary Foreign Worker (Non-Seasonal)

Revocation of an LMIA

The revocation of an LMIA means overturning the 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, and if one or more of the following circumstances apply:

• the employer has provided materially false or misleading information
• new facts or information are brought forward after a positive LMIA has been issued, that would have changed the assessment of the application, resulting in a negative LMIA
• the opinion was based on an unintentional error as to some material fact

The revocation of an LMIA is 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 203 of the Immigration and Refugee Protection Regulations (IRPR).

Negative LMIA

ESDC/Service Canada will issue a negative LMIA letter if the employer does not meet all the Program Requirements. In these situations, the Department will also provide the employers with the necessary information to recover any work permit fees that were paid.

Employer compliance

ESDC/Service Canada takes the integrity of the TFWP very seriously. Employers hiring TFWs are expected to be compliant with the TFWP, by upholding the terms and conditions of employment as stated in the original job offer and set out in the positive LMIA letter and annexes.

Employers must also follow all federal/provincial/territorial employment regulations and laws, as all workers in Canada have the same labour and human rights and social protections.

In accordance with the IRPR, (Sections. 203(1)(e)), employers who have hired a TFW within the past 2 years, prior to December 31, 2013, may be subject to an employer compliance review after submitting a new LMIA application.

This review, often known as an STS “substantially the same” assessment, requires employers to demonstrate that the TFWs were provided with substantially the same:

• wages
• working conditions
• occupation, as set out on the positive LMIA letter and annexes

Employers who applied for and have received a positive LMIA, on or after December 31, 2013, and employed a TFW in that position, must demonstrate they provided the TFW with:

• employment in the same occupation as described in the previous offer of employment (and confirmed in the LMIA letter and annexes)
• substantially the same wages and working conditions, but not less favourable than, those set out in that offer of employment (and confirmed in the LMIA letter and annexes)

More information is available in the Employer Compliance section.