Labour Market Impact Assessment (LMIA) Exempt Categories Expanded

The Labour Market Impact Assessment exempt categories have been expanded to include repair personnel for out of warranty equipment in Canada.

Labour Market Impact Assessments (LMIA) (formerly called Labour Market Opinions) are required for firms looking to hire individuals to come to Canada on work permits. An LMIA is a government issued labour force verification process which states that hiring a foreign worker won’t have a negative effect on the Canadian labour market. Within an LMIA, employers must explain how long they advertised an employment position, how many Canadians were considered, how many were interviewed, and why they were not chosen.

Currently, there are a few categories of employment which are LMIA exempt (for which a foreign worker does not need their employer to complete an LMIA) which include: dependents of foreign workers, workers under international agreements, provincial nominees, intra-company transferees, PhD students seeking post-doctoral fellowships, and more. This list will now also include specialized repair personnel.

The LMIA exempt category c-13 has been expanded, as of May 21st 2015, to include those who can repair “industrial or commercial equipment that is no longer under warranty or covered by an after-sales or lease agreement.” This amendment will allow for preventative work to occur so that machine failure will not disrupt Canadian productivity.

Most of these repair personnel and service technicians will only be allowed in to Canada for a short period of time (i.e. less than 30 calendar days).

According to Citizenship and Immigration Canada, these service personnel will be needed in cases when “there is a need for specific knowledge… there is no commercial presence by the company that manufactured the equipment being serviced (also known as the Original Equipment Manufacturer [OEM]) ; and… Canadian jobs would be greatly affected if the equipment is not repaired in a timely fashion.”

This development could possibly lead to more efficient processing with Service Canada as they will process fewer LMIAs for short term workers.

Though these individuals are LMIA exempt, this does not mean that they will not require a work permit. They will still need to provide evidence that they meet the requirements to perform the work. These include formal job offers and evidence that they possess the specific skills that are needed.

Additionally, those applying for work permits are still required to carry all documentation with them. Foreign workers must carry their proof that they are LMIA exempt as well as their own work permits. We highly recommend carrying both of these documents because not only are they required but they will also help to avoid any unnecessary confusion or refusals at the border.