Ministerial instructions
As a result of public policy considerations as determined in Ministerial Instructions, we may refuse to process your Labour Market Impact Assessment application for:
- certain low-wage positions in the accommodation and food services and retail trade sectors
- low-wage positions at or above the current cap
- certain high-wage occupations in the province of Alberta
- in-home caregiver positions where there is a live-in requirement
- any position if you have had a Labour Market Impact Assessment revoked in the past two years
Low-wage positions in accommodation and food services and retail trade sectors
Low-wage positions in Accommodation and Food Services and Retail Trade sectors (except for those with specific Yellowknife postal codes):
- in an economic region with an unemployment rate of six percent or higher (as defined by the Program-specific Statistics Canada data used by Service Canada for the purposes of the Temporary Foreign Worker Program)
- in the Accommodation and Food Services sector (North American Industry Classification System (NAICS) code 72) or Retail Trades sector (NAICS codes 44-45)
- classified under the National Occupational Classification (NOC) codes 6541, 6611, 6622, 6711, 6721, 6731, 6732, 6733, 7611 and 8612
Yellowknife postal codes
Low-wage positions at or above the current cap
Low-wage positions, if you are at or above the current cap on the proportion of low-wage temporary foreign workers for the same positions at the same work location.
High-wage occupations in the province of Alberta
If the position you are looking to fill with a temporary foreign worker is included in the list of occupations, we will not process your application. The Government of Alberta’s Employer Liaison Services helps employers learn about options for hiring Albertans and Canadians first. For more information and assistance, contact Alberta Labour.
List of occupations
Management Occupations
| Number | National Occupational Classification Code | Title |
|---|---|---|
| 1 | 0112 | Human resources managers |
| 2 | 0211 | Engineering managers |
Business, finance, and administration occupations
| Number | National Occupational Classification Code | Title |
|---|---|---|
| 3 | 1225 | Purchasing agents and officers |
| 4 | 1523 | Production logistics co-ordinators |
Natural and applied sciences and related occupations
| Number | National Occupational Classification Code | Title |
|---|---|---|
| 5 | 2131 | Civil engineers |
| 6 | 2132 | Mechanical engineers |
| 7 | 2133 | Electrical and electronic engineers |
| 8 | 2212 | Geological and mineral technologists and technicians |
| 9 | 2231 | Civil engineering technologists and technicians |
| 10 | 2233 | Industrial engineering and manufacturing technologists and technicians |
| 11 | 2261 | Non-destructive testers and inspection technicians |
Trades, transport and equipment operators and related occupations
| Number | National Occupational Classification Code | Title |
|---|---|---|
| 12 | 7202 | Contractors and supervisors, electrical trades and telecommunications occupations |
| 13 | 7231 | Machinists and machining and tooling inspectors |
| 14 | 7237 | Welders and related machine operators |
| 15 | 7241 | Electricians (except industrial and power system) |
| 16 | 7242 | Industrial electricians |
| 17 | 7251 | Plumbers |
| 18 | 7271 | Carpenters |
| 19 | 7301 | Contractors and supervisors, mechanic trades |
| 20 | 7302 | Contractors and supervisors, heavy equipment operator crews |
| 21 | 7311 | Construction millwrights and industrial mechanics |
| 22 | 7312 | Heavy-duty equipment mechanics |
| 23 | 7322 | Motor vehicle body repairers |
| 24 | 7511 | Transport truck drivers |
Occupations in manufacturing and utilities
| Number | National Occupational Classification Code | Title |
|---|---|---|
| 25 | 8222 | Contractors and supervisors, oil and gas drilling and services |
| 26 | 8232 | Oil and gas well drillers, servicers, testers and related workers |
| 27 | 8412 | Oil and gas well drilling and related workers and services operators |
| 28 | 8615 | Oil and gas drilling, servicing and related labourers |
| 29 | 9232 | Petroleum, gas and chemical process operators |
In-home Caregiver positions
In-home Caregiver positions, where there is a live-in requirement, that:
- are classified under the NAICS as a Private Household (NAICS 814)
- are classified under the NOC codes 3012, 3233, 4411 or 4412
- have been advertised and indicated on the Labour Market Impact Assessment application as being sought to fill positions, where there is a live-in requirement
Exceptions to this refusal to process
High medical needs clients
If you are seeking to hire an in-home caregiver with a mandatory live-in requirement for high medical needs clients (e.g. people with disabilities, seniors, individuals with chronic or terminal illnesses), you must submit either:
- a physician’s note certifying both the medical condition and the need for live-in care
- Schedule H – Medical Disability, Chronic or Terminal Illness Certificate (EMP5600)
Exceptional circumstances
You must submit the completed Rationale For Possible Exemption for Exceptional Circumstances section of the Schedule G – In-home Caregivers (EMP5601). The rationale must include:
- a clear explanation of why live-in care is required
- how frequently the situation necessitating live-in care occurs
- to what degree you can influence this frequency
- a description of what other options were explored in order to meet the need for care and why they were deemed not viable
- how you will ensure fair working conditions for the in-home caregiver, despite the live-in requirement
Previous revocation
We may refuse to process your Labour Market Impact Assessment application for any position if you have had an application revoked in the past two years for having provided false, misleading or inaccurate information.
Processing fee
You will not be charged the processing fee, if we had to refuse to process your Labour Market Impact Assessment application or if you are an ineligible employer. In addition, a letter will be sent to you with the reason why your application was not processed.