Labour Market Impact Assessment

Labour Market Impact Assessment

A Labour Market Impact Assessment (LMIA) is required for a foreign worker to be hired by a Canadian company that has demonstrated no qualified Canadian citizens or permanent residents exist in the labour market.

In order to obtain an LMIA an employer must advertise according to the strict requirements of ESDC and interview any qualified candidates. If no such qualified candidates are available then the employer must justify in an application to Employment and Social Development Canada (ESDC) the steps they have taken and why the foreign candidate is the only suitable candidate.

Every foreign worker on a closed-work permit with an employer needs an LMIA before applying for a work permit unless they qualify for an LMIA exemption such as

A25.2: Public policies
Guidance for special measures to support Hong Kong residents to come to Canada R01

R204: International agreements or arrangements
R204(a) Canada-international exemption codes
Canada–International Non-Trade Agreements

Unique work situations:
Airline personnel (operational, technical and ground personnel)
United States government personnel T11
Trader (FTA) T21
Investor (FTA) T22
Professional/technician (FTA) T23
Intra-company transferee (FTA) T24
Spouse (Colombia or Korea FTA) T25
GATS professional T33
Investor (CETA/CUKTCA) T46
Contractual service supplier (CETA/CUKTCA) T47
Engineering technologists and scientific technologists (CETA/ CUKTCA) T48
Independent professional (CETA/CUKTCA) T43
Intra-corporate (company) transferee (CETA/CUKTCA) T44
Spouse (CETA/CUKTCA) T45
Investor (CPTPP) T50
Intra-company transferee (CPTPP) T51
Professional or technician (CPTPP) T52
Spouse (CPTPP) T53

R204(c) Canada-provincial/territorial exemption codes
Regulation LMIA exemption code
Canada-provincial/territorial T13
Atlantic Immigration Program C18
R205: Canadian interests
R205(a) Mobilité Francophone – French speaking workers

Unique work situations:
C10 Entrepreneurs: Self-employed or potential provincial nominee as an entrepreneur
Unique work situations:
Fishing guides (Canadian lakes)
Foreign camp owner or director, and outfitters
Foreign freelance race jockeys C11
Intra-company transferees (including GATS)

Unique work situations
Airline personnel (station managers) C12
Emergency repair or repair personnel for out-of-warranty equipment C13
Television and film production workers C14
Rural and Northern Immigration Pilot C15
Rural and Northern Immigration Pilot spouses C17
Francophone mobility C16
Live-in caregivers whose permanent residence application is submitted A71
Caregivers whose permanent residence application is submitted under the Home Child Care Provider Pilot (HCCPP)
or Home Support Worker Pilot (HSWP) (occupation-restricted open work permit) C90
Spouses and dependents at age of majority of caregivers whose permanent residence application is submitted under the HCCPP or HSWPC91

Permanent resident facilitation work permit categories
Bridging open work permits (BOWPs)
Caregivers under the HCCPP or HSWP
Certain Quebec Selection Certificate (CSQ) holders currently in Quebec
Yukon Community Pilot (YCP)
Start-up business class (SUV) permanent resident visa applicants A75
R205(b) Reciprocal employment exemption codes

Reciprocal employment
Unique work situations:
Fishing guides (border lakes)
Residential camp counsellors
United States government personnel (family members) C20
International Experience Canada Program C21
Academic exchanges (professors, visiting lecturers) C22
Performing arts C23
R205(c) Designated by Minister
R205(c)(i) Research exemption codes
Regulation LMIA exemption code C31
i.1) Educational co-op – post-secondary C32
i.2) Educational co-op – secondary level C33

R205(c)(ii) Competitiveness and public policy exemption codes
Spouses or common-law partners of skilled workers C41
Spouses or common-law partners of full-time students C42
Post-grad employment C43
Post-doctoral Ph.D. fellows and award recipients C44
Off-campus employment See the instructions concerning students
Medical residents and fellows C45

R205(d) Charitable or religious work exemption code
Regulation LMIA exemption code
Religious work C50
Charitable work C50
R206: No other means of support
R206 exemption codes
Regulation LMIA exemption code
a. Refugee claimants S61
b. Persons under an unenforceable removal order S62
R207: Permanent residence applicants in Canada
R207 exemption codes
Regulation LMIA exemption code

Permanent residence applicants in Canada:
Live-in-caregiver class
Spouse or common-law partner in Canada class
Protected persons under subsection A95(2)
Section A25 exemption (humanitarian and compassionate grounds)
Family members of the above A70
R207.1: Vulnerable workers
R207.1 exemption codes
1. Vulnerable workers A72
2. Family member of vulnerable worker A72
R208: Humanitarian reasons
R208 exemption codes
Regulation LMIA exemption code
a. Destitute students H81
b. Holders of a temporary resident permit valid for a minimum of six months H82


Request an Appointment



Business Hours

Monday to Friday
9:00 to 5:00 by appointment

Law Society of Ontario
The Oklahoma Bar Association
Sports Professional Association
Lead Counsel Rated
Best Business of 2021