Temporary foreign worker applicants applying to work in a job that falls under one of the following free trade accords do not require an LMIA:
- North American Free Trade Accord (NAFTA)
- Canada-Chile Free Trade Accord
- Canada-Peru Free Trade Accord
- Canada-Colombia Free Trade Accord
- Canada- Korea Free Trade Accord
- The General Accord on Trades and Services
There are also non-trade related international accords and organizations that allow foreign workers to work in Canada without a LMIA. These accords and groups are:
- Accords between Canada and other countries concerning airline workers
- Members of the Airline Telecommunication & Information Services (SITA)
- Workers under the Canada-Bermuda Memorandum of Understanding for Professional Trainees
- Workers under the Canada-USA Understanding of Arrangement for IRS employees
- Employees of the Cooperative Waterfowl Survey & Banding Program.
- Public Safety Canada workers
- Workers entering Canada to co-produce a film
- Participants in the Fulbright Program between Canada and the USA
- Members of the International Air Transport Association
- Employees of the International Pacific Halibut Commission
- Liaison Officers working in the Canada-Jamaica Seasonal Agricultural Program
- Workers under the Canada-Malaysia Professional Accounting Trainees Program
- Members of the North Pacific Marine Science Organization (PICES)
- Members of the North Pacific Anadromous Fish Commission (NPAFC)
- Members of the Northwest Atlantic Fisheries Organization (NAFO)
- Workers under the Organization for Economic Co-operation & Development (OECD)
- Members of the Pacific Salmon Commission (PSC)
- Persons entering Canada to work at Roosevelt Campobello National Park.
- Workers under the Scientific and Technical Cooperation Accord between Canada and Germany
- Employees of Telefilm
- USA Government workers
Jobs Falling Under Domestic Accords
There are certain programs created by accords between the Canadian Federal Government and the Canadian provincial/territorial governments that allow foreign workers to bypass the LMIA requirement. These programs include:
1.Provincial/territorial nomination programs:Under these programs, a worker may be issued a work permit without an LMIA if he/she:
- Has received nomination for permanent residence from a provincial government AND
- Is employed in the nominating province or has a job offer from an employer in the nominating province
In order for this rule to apply, though, the foreign national’s work permit application must include:
- The Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form.
- A copy of the nomination letter from the provincial/territorial government. The letter must show that the foreign worker has been nominated for permanent residence by the province
- A statement from the nominating province that: identifies the job, provides information on the employer and proves that all requirements for the issuance of a work permit have been met. These work permit requirements include:
- That the nominated worker is urgently required by the employer
- That the job offer is genuine
- That the job being offered will create economic benefits for the province
- That the job is not part-time or seasonal
- That the wages and working conditions of the job would be enough to attract a Canadian citizen
Applications that do not include the requirements mentioned above will be refused.
The validity length of a work permit issued under this program will be the same as the length of the offered job. If the job offer is for a permanent position, the work permit will be issued for two years at most.