Refusal to process a Labour Market Impact Assessment application
updated on November 2, 2020
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:
- certain positions in the accommodation and food services and retail trade sectors
- low-wage positions above the current cap
- most positions in the province of Alberta (unless they are listed as exempt occupations under the Alberta Refuse to Process or if the application is otherwise exempted)
- 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
Certain positions in accommodation and food services and retail trade sectors
Positions in Accommodation and Food Services and Retail Trade sectors:
- in an economic region with an unemployment rate of 6% or higher (as defined by the Program-specific Statistics Canada data used by Service Canada for the purposes of the Temporary Foreign Worker Program)
- in the 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 6541, 6611, 6622, 6711, 6721, 6731, 6732, 6733, 7611 and 8612
We will refuse to process your LMIA application when all three conditions apply.
Note:
Due to the serious economic impacts resulting from Covid-19, all economic regions in Canada are now considered to have unemployment rates of at least 6% or above.
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 for the same positions at the same work location.
Most positions in the province of Alberta
Due to the COVID-19 pandemic, all new and pending LMIAs for positions in Alberta must be on the following list of exempt occupations to be eligible for processing. Until further notice, we are refusing to process LMIAs if the position you are looking to fill is not listed, unless they qualify for exemption.
The Government of Alberta's Employer Liaison Services helps employers learn about options for hiring Albertans and Canadians first. For more information and assistance, contact Alberta Labour.
| Number | NOC | Positions eligible for processing |
|---|---|---|
| Management occupations | ||
| 1 | 0213 | Computer and information systems managers |
| 2 | 0432 | Fire chiefs and senior firefighting officers |
| 3 | 0821 | Managers in agriculture |
| Natural and applied sciences related occupations | ||
| 4 | 2147 | Computer engineers (except software engineers and designers) |
| 5 | 2161 | Mathematicians, statisticians and actuaries |
| 6 | 2171 | Information systems analysts and consultants |
| 7 | 2172 | Database analysts and data administrators |
| 8 | 2173 | Software engineers and designers |
| 9 | 2174 | Computer programmer and interactive media developers |
| 10 | 2175 | Web designers and developers |
| 11 | 2271 | Air pilots, flight engineers and flying instructors |
| 12 | 2281 | Computer network technicians |
| 13 | 2283 | Information systems testing technicians |
| Health occupations | ||
| 14 | 3111 | Specialist physicians |
| 15 | 3112 | General practitioners and family physicians |
| Occupations in education, law and social, community and government services | ||
| 16 | 4011 | University professors and lecturers |
| 17 | 4312 | Firefighters |
| 18 | 4411 | Home child care providers |
| 19 | 4412 | Home support workers, housekeepers and related occupations |
| Occupations in art, culture, recreation and sport | ||
| 20 | 5131 | Producers, directors, choreographers and related occupations |
| 21 | 5241 | Graphic designers and illustrators |
| Trade, transport and equipment operators and related occupations | ||
| 22 | 7371 | Crane operators (only All-Terrain Crane Operators) |
| Natural resources, agriculture and related production occupations | ||
| 23 | 8252 | Agricultural service contractors, farm supervisors and specialized livestock workers |
| 24 | 8431 | General farm workers |
| 25 | 8432 | Nursery and greenhouse workers |
| 26 | 8611 | Harvesting labourers |
| Occupations in manufacturing and utilities | ||
| 27 | 9462 | Industrial butchers and meat cutters, poultry preparers and related workers |
Additional exemptions to the Alberta refusal to process
Short-term duration technical work
Your LMIA will be exempt from the Alberta Refusal to Process if you are seeking to hire a TFW for 30 calendar days or less of employment duration for;
- work that requires a specialist with proprietary knowledge and/or experience related to the work to be performed; or,
- work that entails installation, inspection or repair of equipment, whereby the warranty requires the work to be done by workers designated by a manufacturer.
Permanent Residence or Dual Intent
Your LMIA will be exempt from the Alberta Refusal to Process if it is to support an application for Permanent Residence or Dual Intent;
Global Talent Stream
Your LMIA will be exempt from the Alberta Refusal to Process if it is submitted under the Global Talent Stream and deemed eligible.
| NOC | Occupation |
|---|---|
| 0213 | Computer and information systems managers |
| 2147 | Computer engineers (except software engineers and designers) |
| Sub-set of 2161* |
Mathematicians and statisticians
* Positions for actuaries or related occupations are excluded from this subset. |
| 2171 | Information systems analysts and consultants |
| 2172 | Database analysts and data administrators |
| 2173 | Software engineers and designers |
| 2174 | Computer programmers and interactive media developers |
| 2175 | Web designers and developers |
| 2281 | Computer network technicians |
| 2283 | Information systems testing technicians |
| Sub-set of 5131** |
Producer, technical, creative and artistic director and project manager – Visual effects and video game **The position must require a minimum of 3 years of experience in the visual effects, video game or animation industries in 1 or a combination of the following roles: producer, technical director, creative director, artistic director or project manager, senior coordinator, department manager, with 3 years of job experience in at least 1 or more of the following skills relevant to the visual effects, video game or animation industries: surfacing and look development; character or simulation rigging; matte painting; managing budgets or teams; or technical pipeline development and application for visual effects, video games, or animation production. |
| Sub-set of 5241*** |
Digital media designers ***The position must require a minimum of 3 years of job experience in at least 1 of the following digital media design skills: 3D modeling, compositing, paint and roto, layout and match move, digital environment and Matte painting, texture, lighting shading, character effects, effects and simulations, design and scenario, rigging, user interface or user experience, responsive design (for gaming), virtual reality, augmented reality, digital media animation, levels editing for digital media design, software editing for digital media design, pipeline software development or applications relevant for digital media design |
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 3012, 3233, 4411 or 4412
- 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.