Reversal of Alberta LMIA Restrictions

In or about 2017, it was announced that ESDC/Service Canada, in cooperation with the province of Alberta, would refuse to process LMIAs in Alberta for various designated occupations (see http://www.kranclaw.com/2017/05/alberta-limits-positions-that-can-be-filled-by-foreign-workers/). Over time, the list has been modified and updated. (This is separate from the securing of work permits for non-LMIA, or International Mobility Program, categories, which remained open.)

However, it has now been announced that the bar on LMIA processing for listed occupations in Alberta would be removed. That is, there is no longer any restriction on the processing of LMIAs for any occupation in Alberta, and therefore employers in Alberta can now seek foreign workers under the Temporary Foreign Worker Program, where appropriate.

Of course, employers must still meet all relevant elements required to secure an LMIA, justifying the need to hire a worker from outside Canada. This includes complying with all recruitment mandates, offering appropriate salaries, etc.

This announcement comes on the heels of other announcements easing LMIA requirements (see http://www.kranclaw.com/2022/04/changes-to-canadas-temporary-foreign-worker-program/).

This should of course provide some benefit to Alberta employees who have been inhibited from seeking foreign workers for the last few years.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.