LMIA exemptions under international agreements
Overview
Many work permits in Canada do not require an LMIA because the position is covered by an LMIA exemption under the International Mobility Program (IMP). Major exemption categories include: (1) work covered by international trade agreements such as the Canada-United States-Mexico Agreement (CUSMA); (2) intra-company transfers; (3) significant benefit to Canada (including Francophone immigration, international youth exchange, and post-graduation work permits); and (4) Canadian interests (including reciprocal employment and certain academic positions). LMIA-exempt work permits are applied for through IRCC using the C-code exemption system.
LMIA exemptions recognise that requiring an LMIA for every temporary foreign worker position would impede trade agreements, discourage business mobility, and slow the admission of persons who bring significant benefit to Canada. The exemptions are defined in the IRPR (ss 204–208) and through international agreements incorporated by reference.
Legal basis
- IRPR s 204 — Canadian interests exemptions (reciprocal employment, significant benefit, etc.)
- IRPR s 205 — exemptions under international agreements (CUSMA, GATS, CETA, CPTPP, etc.)
- IRPR s 206 — no other means of support (refugee, certain H&C situations)
- IRPR s 207 — public interest exemptions
- Canada-United States-Mexico Agreement (CUSMA), Chapter 16 — professional and intra-company categories
How it works
The C-code system
LMIA-exempt work permit applications are coded with a "C-code" identifying the specific exemption. For example:
- C10 — significant benefit to Canada
- C11 — entrepreneur or self-employed
- C12 — intra-company transferee (executive/managerial)
- C13 — intra-company transferee (specialized knowledge)
- C20 — reciprocal employment (Working Holiday under International Experience Canada)
- T11 — CUSMA professionals
- T13 — CUSMA intra-company transferees
- C43 — PGWP (Post-Graduation Work Permit)
CUSMA (USMCA) exemptions
Under CUSMA Chapter 16, US and Mexican nationals may obtain LMIA-exempt work permits in Canada for:
- CUSMA Professionals — positions listed in Appendix 1603.D.1 (engineers, accountants, management consultants, scientists, etc.); US nationals may present at the border
- Intra-company transferees — managers, executives, and specialized knowledge workers being transferred within a multinational company
- Investors, traders, and spouses
Intra-company transfers
An intra-company transferee is a senior employee being transferred from a foreign office of a company to a Canadian office. The roles are:
- Executive — a person with broad authority, reporting directly to senior management
- Managerial — a person who manages personnel, a function, or a department
- Specialized knowledge — a person with proprietary knowledge of the company's products, services, research, or procedures
There must be a qualifying relationship between the foreign entity and the Canadian entity (parent, subsidiary, affiliate, or branch).
Significant benefit to Canada
The "significant benefit" exemption (C10) is a catch-all for persons whose work in Canada would provide a significant cultural, social, or economic benefit. It is used for artists, performers, athletes, religious workers, and certain unique occupations.
Employer compliance requirements
Employers who hire LMIA-exempt workers under the IMP must comply with Employer Compliance obligations: pay the agreed wages, maintain records, and not engage in abuse of workers. IRCC conducts compliance inspections of IMP employers.