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
Note:
- effective April 30, 2022, the Refusal to Process (RTP) policy that automatically refuses LMIA applications for low-wage occupations in Accommodation and food services sector (North American Industry Classification System (NAICS) code 72) or Retail trades sector (NAICS codes 44 to 45); and classified under the National Occupational Classification (NOC) codes 64410, 65329, 65100, 65102, 65201, 65210, 65310, 65311, 65312, 73201, 75110 and 85121 in regions with an unemployment rate of 6% or higher will no longer be in effect
- effective May 1, 2022, the Refusal to Process LMIA applications for certain occupations in Alberta will no longer be in effect
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.
