In A Flash

Changes to Alberta’s LMIA ‘Refusal to Process’ List

On November 2, 2020, Employment Social Development Canada (“ESDC”) quietly released a positive list of 27 national occupation classifications (“NOC”) and their related positions that would continue to be eligible for a Labour Market Impact Assessment (“LMIA”) in Alberta.

If the position is not listed, ESDC will refuse to process the LMIA unless the position meets one of the listed exemptions:

  • Hiring a foreign national for 30 calendar days or less, for work that:
    • requires a specialist to have significant experience and/or proprietary knowledge;
    • requires installing, inspecting or repairing of equipment, by either the manufacturer or its designate;
  • The LMIA is in support of permanent residency or dual intent (work permit and permanent residency);
  • The LMIA is submitted under the Global Talent Stream and is deemed eligible; and
  • Some live-in caregiver positions.

If an LMIA is submitted and ESDC refuses to process, the associated government fee will be returned.

This change is a result of increasing unemployment rates in Alberta due to a decline in the oil & gas industry and because of the ongoing COVID-19 pandemic. By refusing to process most LMIA’s in the province, the government’s intention is to provide more job opportunities to Albertans.

If these new changes may impact your business, please contact a Mathews Dinsdale Lawyer. We would be happy to assist and ensure you hire the most qualified individual.

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