Immigration and LMIA Updates

• Canada’s population was estimated at 39,566,248 on January 1, 2023, after a record population growth of 1,050,110 people from January 1, 2022, to January 1, 2023. Statistics Canada announced country grew by more than a million people in the year ending July 2023- the largest population jump since 1957. Canada is by far leading the G7 countries for population growth in 2022, as has been the case for many years. If this pace stays the same, the Canadian population will double in about 26 years. The increase seen in international migration is related to Permanent Immigration through Economic Streams and Temporary Foreign Worker programs. The working-age population, persons aged 15 to 64 who produce the bulk of goods and services in the Canadian economy, has reached a turning point. Never has the number of people nearing retirement been so high. More than 1 in 5 (21.8%) people of working age are aged 55 to 64.  High job vacancies and labour shortages are occurring because population aging has accelerated in Canada and the unemployment rate remains near record low. A rise in the number of permanent and temporary immigrants could also represent additional challenges for many regions of the country specifically related to housing infrastructure and other services *

• LMIA processing time stays the same: approximately 3 months for most of the streams such as PR LMIA and Low-wage LMIA. Employers from specific sectors will be able to apply for Temporary foreign workers in Low-skilled positions, up to 30% of their total workforce by October 31 2023. Past that date, this cap might stay the same or it might decrease. Those industries are:

1. Construction (NAICS 23)
2. Food manufacturing (NAICS 311)
3. Wood product manufacturing (NAICS 321)
4. Furniture and related product manufacturing (NAICS 337)
5. Hospitals (NAICS 622)
6. Nursing and residential care facilities (NAICS 623)
7. Accommodation and food services (NAICS 72)**

• Modifications to a positive LMIA: After receiving a positive Labour Market Impact Assessment (LMIA), an employer is in compliance with the terms and conditions of that positive LMIA letter. There are some changes that don’t require another application and there are some that do, such as Minor and Material modifications. The most common questions we receive are regarding changes of the pay rate and work location. Some examples of minor modifications that do not need to be reported to ESDC include:

1. Minor changes in job duties which would not modify the National Occupational Classification (NOC) code
2. Increase in wages equal to or less than the highest of:
   • 2%
   • the prevailing wage, or
   • Statistics Canada’s Consumer Price Index, annual inflation rate of previous year. Rate for year 2022 is 6.8%

• Some examples of minor modifications that have to be reported without submitting a new LMIA to ESDC include: change in work location within the same economic region but no change in work activities or employer.

Please follow the following link to understand compliance:  https://www.canada.ca/en/employment-social-development/services/foreign-workers/modification-positive-lmia.html

References:

*https://www150.statcan.gc.ca/n1/daily-quotidien/220427/dq220427a-eng.htm

**https://www.canada.ca/en/employment-social-development/services/foreign-workers/labour-market-impact-assessment-processing-times.html