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 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).
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.
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:
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:
More information is available in the Employer Compliance section.
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