Citizenship and Immigration Canada (CIC) bears the responsibility for assessing and rendering decisions on proposals for Labour Market Impact Assessment (LMIA) exemptions submitted by a province or territory. This is especially so if the proposal concerns Significant Investment Projects in accordance with the criteria outlined in the foreign worker agreement or annex of the concerned province or territory.
It is worth noting that in most cases, the criteria for Labour Market Impact Assessment (LMIA) exemptions for Significant Investment Projects remains standard in all foreign worker agreements and annexes. However, certain Labour Market Impact Assessment (LMIA) exemptions tend to be project-based only. As such, the Labour Market Impact Assessment (LMIA) exemptions applicable to these foreign worker agreements and annexes could vary from one jurisdiction to another.
Citizenship and Immigration Canada (CIC) also bears the responsibility for approving all Labour Market Impact Assessment (LMIA) exemptions. Upon receiving these approvals, the province or territory would need to provide eligible applicants with an Labour Market Impact Assessment (LMIA) exemption support letter. This support letter would contain the following details:
- The name and date of birth of the individual selected for the specific job
- The details of the employer (including the place of work) and,
- The duration of the employment
The foreign nationals would need to attach a copy of this letter to their work permit applications.
The Procedure for Work Permit Processing
Officers would need to consider the following aspects when they process the work permits for these applicants.
- The Duration: Officers would need to note that the duration of the work permit usually depends on the duration of the employment contract. They could ascertain this from the offer of employment. In addition, they would be able to find this specified in the Labour Market Impact Assessment (LMIA) exemption support letter from the province or territory.
- The Extensions: Citizenship and Immigration Canada (CIC) and the respective jurisdictions are typically in agreement on certain terms. Under the provisions of these terms, officers have the authority to provide work permit extensions under Labour Market Impact Assessment (LMIA) exemptions. However, officers would need to note that they would require fresh Labour Market Impact Assessment (LMIA) exemption support letters from the concerned province or territory.
- The Fees: The employer would need to submit the offer of employment. In addition, the employer will need to pay the relevant employer compliance fee as well. For more details, refer to Appendix E.
- The Field Remarks and System Notes: Officers would need to indicate “Canada – [insert province or territory annex or agreement] – Significant Investment Project”.
Note:
- Situations could arise where officers come across foreign nationals who are seeking to enter Canada under a provincial or territorial agreement pursuant to Section R204 (c)
- Officers would need to note that these individuals would need to meet all the other requirements prescribed under the Immigration and Refugee Protection Regulations (IRPR) and the Immigration and Refugee Protection Act (IRPA)
Source: Citizenship and Immigration
