In certain cases, employers may be exempt from the need to obtain a Labour Market Impact Assessment (LMIA) before hiring a foreign worker. These exemptions can be due to international agreements or due to specific Canadian policies designed to advance important interests. Here are some key points on LMIA exemptions and international agreements:
1. International Agreements: Certain international agreements, like the North American Free Trade Agreement (NAFTA, replaced by the Canada-United States-Mexico Agreement or CUSMA as of July 1, 2020), contain provisions that allow for the hiring of workers from the participating countries without an LMIA. Other agreements, such as the General Agreement on Trade in Services (GATS) and various bilateral agreements, may also include LMIA exemptions for certain categories of workers.
2. Canada’s International Mobility Program (IMP): The IMP allows employers to hire temporary foreign workers without needing an LMIA. The IMP includes LMIA-exempt work permit categories based on broader economic, cultural or other competitive advantages for Canada, and reciprocal benefits enjoyed by Canadians and permanent residents.
3. Intra-Company Transferees: Intra-company transferees from companies operating in other countries can be exempt from an LMIA if they are coming to Canada to provide significant economic benefit, possess specialized knowledge, or are in a managerial or executive role.
4. International Experience Canada (IEC): The IEC program allows youth (typically aged 18-35) from over 30 partner countries to work in Canada on an open work permit, which does not require an LMIA.
5. Francophone Mobility Program: This program is designed to encourage francophone foreign workers to come to Canada to work outside of Quebec, supporting the goal of increasing the number of French-speaking communities across the country. These workers are LMIA-exempt.
It’s important for employers to be aware of these exemptions as they can provide more expedient pathways to bring foreign workers to Canada. However, all LMIA exemptions have specific criteria that must be met, and the burden remains on the employer to demonstrate that they qualify for an exemption.
As immigration policy continues to evolve, so too might the exemptions and their criteria. Staying informed about these changes is crucial for employers to effectively navigate the process of hiring foreign workers.
