Labour Market Impact Assessment (LMIA) in Canada:
A Labour Market Impact Assessment (LMIA) is a critical document used by the Canadian government to assess the impact of hiring foreign workers on the Canadian labor market. It is a necessary step for Canadian employers who want to hire temporary foreign workers under various work permit programs. Here's an overview of the LMIA process in Canada:
Purpose of LMIA:
The primary purpose of an LMIA is to determine if hiring a foreign worker will have a positive or negative impact on the Canadian labor market. This assessment is conducted by Employment and Social Development Canada (ESDC) or Immigration, Refugees, and Citizenship Canada (IRCC), depending on the specific work permit program.
- Types of LMIA:
- High-wage LMIA: For positions with wages at or above the provincial or territorial median wage.
- Low-wage LMIA: For positions with wages below the provincial or territorial median wage.
- Application Process:
- Canadian employers must apply for an LMIA, providing information about the job, its requirements, and the recruitment efforts they have made to hire a Canadian worker.
- Employers must pay an application fee.
- Recruitment Efforts:
- Employers must demonstrate that they have actively tried to hire Canadian citizens or permanent residents before seeking foreign workers.
- This typically includes advertising the job in Canada, posting it on job boards, and conducting interviews with Canadian applicants.
- Impact Assessment:
- The government reviews the employer's application and assesses its potential impact on the labor market, considering factors like wages, working conditions, and the number of foreign workers.
- The assessment can result in a positive or negative LMIA.
- Positive LMIA:
- A positive LMIA allows employers to hire foreign workers for the specific job position mentioned in the assessment.
- The worker can use the positive LMIA to apply for a work permit to work in Canada.
- Transition Plans:
- Employers may need to submit a transition plan outlining how they intend to hire and train Canadian workers to replace the temporary foreign workers in the future.
- Duration of LMIA Validity:
- The validity of an LMIA can vary, but it is typically valid for six months. The worker must apply for a work permit within that period.
- Exemptions:
- Some work permit categories, such as the International Mobility Program, are exempt from the LMIA requirement.