Beginning February 21, 2015, employers hiring foreign nationals
who are exempt from the need to obtain a Labour Market Impact
Assessment (LMIA, formerly Labour Market Opinion, LMO) are required
to submit an additional application form and pay
additional fees to Citizenship and Immigration Canada
Temporary Foreigner Workers Who Are Affected
The following are some of the types of International Mobility
Program temporary foreign workers who are affected:
1. Intra-Company Transferees;
2. those exempt from an LMIA under free trade agreements such as
3. those nominated pursuant to a Provincial Nominee Program;
4. participants in the International Experience Canada Program
(i.e. those on Working Holiday Permits).
The New Process
As of February 21, 2015, a foreign national who is exempt from
the need to obtain a LMIA will not be able to obtain an
employer-specific Work Permit if the employer has not previously
submitted a new application form: Offer of Employment to a Foreign
National Exempt From a Labour Market Impact Assessment (IMM
This requires the employer to disclose business information,
describe the LMIA exemption sought, and explain why the exemption
is applicable to the temporary foreign worker.
The New Fees
The employer must also pay a $230.00 compliance fee in addition
to the processing fee for a Work Permit, which is currently
New Fees for Open Work Permits
The above-described process is not applicable to open Work
Permits. However, CIC has introduced a new $100.00 privilege fee
for most open Work Permit categories, including International
Experience Class, Post-Graduate, accompanying spouses of skilled
workers and students, and those foreign nationals who are already
in Canada awaiting finalization of their Permanent Resident
applications. The fee is paid at the same time as the Work Permit
The detailed information gathered in the new form may be used by
CIC for future inspection purposes, and it is anticipated the
filing fees will in part be used to fund more robust inspections of
employers. If an employer is found to be non-compliant on an
inspection, the employer could face monetary penalty, a ban from
hiring temporary foreign workers, and possibly criminal
investigation and prosecution.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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