The Labour Market Impact Assessment (LMIA) is a document that an employer in Canada usually needs to obtain before hiring a foreign worker. An LMIA is issued by Employment and Social Development Canada (ESDC) and demonstrates that there is a need for a foreign worker to fill the job and that no Canadian worker or permanent resident is available to do the job.
The LMIA process is designed to ensure that the employment of foreign workers has a positive or neutral effect on the Canadian labour market. Employers must usually provide evidence of recruitment efforts to hire Canadian citizens or permanent residents before an LMIA is granted. In some cases, certain categories of workers may be exempt from requiring an LMIA.
These exemptions are based on broader economic, cultural, or other competitive advantages for Canada and reciprocal benefits enjoyed by Canadians and permanent residents.
The LMIA exemption is typically associated with specific situations outlined in the Immigration and Refugee Protection Regulations (IRPR), such as:
Work permits issued under international agreements, such as the North American Free Trade Agreement (NAFTA), now replaced by the Canada-United States-Mexico Agreement (CUSMA), or other free trade agreements.
Situations that are considered to be of significant benefit to Canada, such as intra-company transferees, people coming to Canada for charitable or religious work, or certain types of researchers.
This applies to individuals who need to support themselves while in Canada and have no other means to do so, such as refugee claimants awaiting a decision.
Work permits issued under international agreements, such as the North American Free Trade Agreement (NAFTA), now replaced by the Canada-United States-Mexico Agreement (CUSMA), or other free trade agreements.
Situations that are considered to be of significant benefit to Canada, such as intra-company transferees, people coming to Canada for charitable or religious work, or certain types of researchers.
This applies to individuals who need to support themselves while in Canada and have no other means to do so, such as refugee claimants awaiting a decision.
This allows foreign workers to work in Canada when Canadians have similar reciprocal work opportunities abroad.
Individuals nominated by a province or territory for permanent residence may be eligible for an LMIA-exempt work permit.
Certain individuals participating in programs of research, educational exchange, or other training.
Available to certain individuals who are waiting for a decision on their permanent residence application and currently hold a work permit that is about to expire.
Work permits issued under public policy considerations that reflect Canada’s broader economic and cultural interests.
It is important to note that even though an LMIA is not required, the individual must still meet all other standard eligibility criteria for obtaining a work permit in Canada.
In Canada, there are certain situations where foreign nationals may work without a work permit. These situations are outlined in the Immigration and Refugee Protection Regulations (IRPR) under section R186 and are part of the International Mobility Program. The following are some examples of activities that may be conducted without a work permit:
Individuals who are visiting Canada for business activities such as meetings, conferences, or trade shows, but are not entering the Canadian labor market.
Foreign athletes and their coaches who are competing in Canada.
Media crews covering events in Canada, reporters, and their crews.
Guest speakers for a short duration, commercial speakers, or seminar leaders.
People who are responsible for performing religious duties such as preaching doctrine, presiding at liturgical functions, or providing spiritual counseling.
Individuals who are entering Canada to officiate at a cultural, artistic, or sporting competition or event.
Professors and academic experts who are evaluating or supervising academic projects, research proposals, or university theses in Canada.
Artists who are performing in Canada for a limited period of time and are not performing in a bar or restaurant.
Individuals who are providing emergency services to protect life or property, such as natural disaster relief or emergency medical intervention.
Inspectors who are checking the operation of commercial international flights.
Members of armed forces of a country designated for the purposes of the Visiting Forces Act who are coming to carry out official duties.
Representatives or officials of a foreign government coming to Canada to carry out official duties.
International students studying in Canada may work on the campus of the institution at which they are registered in full-time studies.
Foreign students doing clinical clerkships or medical electives without remuneration.
Accredited representatives or advisors assisting in the investigation of aviation accidents or incidents.
Individuals who have applied for a renewal of their work permit before it expires may continue to work under the same conditions pending a decision on their application.
It is important to note that even though a work permit is not required for these activities, foreign nationals must still comply with all other requirements of the IRPA and IRPR, including being admissible to Canada. Additionally, the specific conditions and limitations of each exemption should be carefully reviewed to ensure compliance.