LMIA Fee Remission for COVID-19

Summary#

The Fees Paid for the Provision of Services in Relation to an Assessment from the Department of Employment and Social Development Remission Order lets some employers get a refund of the $1,000 fee they paid for a Labour Market Impact Assessment (LMIA). It applies to fees paid before April 4, 2020 and was registered on July 22, 2020 (coming into force on registration).

What it does#

• Allows the Department of Employment and Social Development to remit (refund) the $1,000 LMIA processing fee paid for an assessment requested before April 4, 2020.
• Refunds are available when all of these are true:
  • the employer (or group of employers) paid the fee before April 4, 2020;
  • the employer no longer needs the LMIA or, if the assessment was done, it cannot be used;
  • the employer withdrew the job offer because of the effects of COVID‑19; and
  • no work permit has been issued and no work permit application is being processed in relation to that assessment.
• The refund is for the fee itself (one $1,000 fee per LMIA).

Who's affected#

• Employers who applied for an LMIA under the Temporary Foreign Worker Program and paid the $1,000 fee before April 4, 2020.
• Employers who have withdrawn job offers because of the economic or public‑health impacts of COVID‑19 and who meet the conditions above.
• The Department of Employment and Social Development, which will handle the remission requests.
• It is unclear from the order whether other situations (for example, fees paid on or after April 4, 2020, or cases where a work permit is already being processed) would qualify.

Why it matters#

• It gives direct financial relief to employers who paid for LMIAs but cannot hire because of COVID‑19 disruptions. That refund is $1,000 per LMIA.
• The measure recognizes that business closures, travel limits, and new public‑health requirements have made some planned hires impossible or impractical.
• There are limits: the refund only covers specific pre‑April 4, 2020 payments and only when no work permit has been or is being issued for that LMIA.