Employer compliance exemptions

Some employers don’t need to use the Employer Portal or are exempt from the employer compliance fee.

Employers that don’t need to use the Employer Portal

• international missions or consular posts
• an international organization recognized under the Foreign Missions and International Organizations Act
  • examples of this type of organization
• a foreign government
• an owner or operator of an international bridge or tunnel

Examples of work that falls under the categories outlined above.

Employer compliance fee exemptions

If you’re part of any of the programs, agreements or labour market impact assessment (LMIA) exemption categories listed below, the temporary worker is fee exempt and you don’t need to pay the employer compliance fee when you hire them.

In the Employer Portal, when asked if you’re paying fees, select “No, I am exempt from paying fees for this Offer of Employment.”

You need to give proof that you’re part of these programs or agreements when you submit an offer of employment. Proof can be a letter explaining how you’re part of the program, agreement or LMIA exemption category. Upload the letter of explanation in the Proof of fee exemption field when you submit your offer.

Programs and agreements exempt from the employer compliance fee

Non-trade international agreements

These programs or agreements fall under the LMIA exemption category R204(a) and include

• Fulbright Program (Canada-U.S.)—worker is fee-exempt as per R299(h)
• Roosevelt Campobello International Park—worker is fee-exempt as per R299(h)
• U.S. government personnel (must be working in Canada on official U.S. government business)—worker is fee-exempt as per R299(g) or (k)

Reciprocal employment

These programs or agreements fall under the LMIA exemption category R205(b) and include

• cultural agreements—worker is fee-exempt as per R299(h)
• Canada-China cultural exchange—worker is fee-exempt as per R299(h)

Work related to a research program

These programs or agreements fall under the LMIA exemption category R205(c)(i) and include workers who are fee-exempt as per R299(e):

• scientists or post-doctoral fellows sponsored by Atomic Energy of Canada Ltd.
• scientists or scholars sponsored by:
  • National Research Council of Canada
  • National Resources Canada and its associated departments
  • Natural Sciences and Engineering Research Council of Canada
• research chair positions:
  • Canada Research Chair
  • Canada Excellence Research Chair
  • similar research chair positions

Unremunerated charitable or religious work

These programs or agreements fall under the LMIA exemption category R205(d) and include workers who do not receive remuneration:

• Temporary workers who are exempt from the work permit processing fee as per R299(f).
• The temporary worker cannot receive payment for their work. They may receive a living expense stipend, which should be below the prevailing minimum wage. Otherwise, they should receive only non-monetary benefits (for example, housing and health care).

The proof of fee exemption document that you provide when you submit an offer of employment should detail how the worker is or is not remunerated for this exemption to apply. Simply indicating that the employer is a charitable or religious organization is not sufficient.