Sector Guide

LMIA for Construction Employers

Construction is treated more favourably than almost any other sector under the Temporary Foreign Worker Program. It carries the elevated 20% cap — and it is exempt from the census metropolitan area processing freeze that is currently blocking low-wage hiring across most of urban Canada.

NAICS 23
20% cap
Exempt from the CMA freeze
NS construction stream
CMA freeze in effect July 10 – October 8, 2026

20%

Elevated Cap for Construction

Exempt

From the CMA Processing Freeze

26

CMAs Frozen for Low-Wage

$1,000

LMIA Fee per Position

Where construction stands right now

Construction sits on the right side of every major restriction currently in force. It is one of only a handful of sectors granted the elevated 20% cap on low-wage positions — double the standard allowance. More significantly, positions in construction (NAICS 23) are on ESDC’s list of applications exempted from the refusal-to-process measure, which means the CMA unemployment freeze does not apply to your worksites at all. That single fact separates construction from sectors like food service, where urban low-wage hiring is effectively closed. Construction is also a named priority in several provincial nominee programs, so a permanent pathway usually runs alongside the temporary one.

Which stream applies to you

Run the wage test first. If the hourly rate for the trade is at or above the threshold for your province — the median hourly wage plus 20% — the position is high-wage and the cap does not apply to it at all. Journeyperson rates in most provinces clear this comfortably; helper and labourer rates often do not. Because construction is exempt from the CMA freeze either way, the wage test here is really about two things: your cap position, and whether you advertise for 4 weeks or 8. It is common for a single construction employer to have positions in both streams, and each is assessed separately.

Wage Thresholds by Province

The wage thresholds below were updated July 10, 2026 and apply to LMIA applications received on or after July 17, 2026.

Alberta$37.50
British Columbia$38.40
Manitoba$31.33
New Brunswick$31.73
Newfoundland and Labrador$33.60
Northwest Territories$48.00
Nova Scotia$31.96
Nunavut$45.00
Ontario$36.92
Prince Edward Island$31.20
Quebec$36.00
Saskatchewan$34.62
Yukon$45.60

The two rules that decide your outcome

Construction gets the elevated 20% cap

Construction (NAICS 23) is on the short list of sectors permitted 20% of the total workforce at a work location in low-wage positions — double the 10% standard that applies to most industries. The other sectors on that list are food manufacturing (NAICS 311), hospitals (NAICS 622), nursing and residential care (NAICS 623), and certain in-home caregiver occupations. High-wage positions are not counted against the cap at all. If you have fewer than 10 workers across all Canadian worksites, you are limited to 2 low-wage temporary foreign workers.

Construction is exempt from the CMA processing freeze

Positions in construction (NAICS 23) appear on ESDC’s list of applications exempted from the refusal-to-process measure. A low-wage construction position therefore remains eligible for processing even where the worksite is inside a census metropolitan area with unemployment at 6% or higher. The restriction that has closed low-wage hiring in Toronto, Vancouver, Calgary and much of urban Canada does not reach your sites. The exemption attaches to the sector, so what matters is that the work genuinely falls under NAICS 23 — which is exactly the sort of thing an inspector will test.

26 census metropolitan areas are currently affected by the low-wage freeze (July 10 – October 8, 2026). The list is refreshed quarterly — next update October 9, 2026. See the full list and rules.

Construction Occupations Recognised in Provincial Construction Streams

NOCOccupation
70010Construction managers
70011Home building and renovation managers
72011Contractors and supervisors, electrical trades and telecommunications occupations
72014Contractors and supervisors, other construction trades, installers, repairers and servicers
72020Contractors and supervisors, mechanic trades
72102Sheet metal workers
72106Welders and related machine operators
72200Electricians (except industrial and power system)
72201Industrial electricians
72310Carpenters
72320Bricklayers
72401Heavy-duty equipment mechanics
72402Heating, refrigeration and air conditioning mechanics
72500Crane operators
73100Concrete finishers
73102Plasterers, drywall installers and finishers and lathers
73110Roofers and shinglers
73200Residential and commercial installers and servicers
73400Heavy equipment operators
75101Material handlers
75110Construction trades helpers and labourers
75119Other trades helpers and labourers

This is the occupation list recognised under Nova Scotia’s construction stream, and it is a useful map of the trades that provincial construction pathways typically target. An LMIA itself is not restricted to these codes — any legitimate construction occupation can be supported. We confirm the exact NOC for each position before advertising.

Your realistic options

These are the levers that actually change the answer for construction employers. Which one fits depends on your wage, your work location, and your existing workforce.

1

Run the wage test on every position separately

Journeyperson trades often clear the provincial threshold and qualify as high-wage — which removes the cap entirely and cuts advertising from 8 weeks to 4. Helpers and labourers usually do not. Splitting your hiring plan along this line is the highest-value first step.

2

Use the 20% cap deliberately

For the low-wage roles you cannot lift above the threshold, construction’s 20% allowance gives you twice the room most sectors get. Knowing your exact position against the cap, per worksite, tells you how many you can actually bring in.

3

Build on the freeze exemption — but document the sector properly

Because construction is exempt from the CMA freeze, urban worksites stay open to you when they are closed to most other employers. The exemption rests on the position genuinely falling under NAICS 23, so the sector classification and the described duties need to hold up under scrutiny. Rural employers in participating provinces may also access temporary measures on the cap.

4

Pair it with a permanent residence pathway

Construction is a named priority in several provincial programs — Nova Scotia runs a dedicated construction stream covering the trades listed above. For workers you intend to keep, a nomination pathway is often the stronger play than repeat work permits.

Compliance risks specific to construction

Moving a worker to a different site, project, or employer than the one named in the LMIA and offer of employment.
Treating trades as subcontractors rather than employees — an LMIA-supported worker must be your employee.
Paying a labourer rate to someone the LMIA describes as a journeyperson, or vice versa.
Missing provincial trade certification and licensing requirements, which are separate from the LMIA and enforced by the province.
Recovering the $1,000 LMIA fee from the worker — prohibited in all cases.

Non-compliance can carry penalties of up to $100,000 per violation, to a maximum of $1 million per year, plus a program ban and public disclosure. See employer compliance.

How Asteco helps construction employers

The rules change quarterly and the cost of getting them wrong is an eight-week recruitment campaign for an application that was never going to be processed. Our RCIC-regulated team tells you where you stand before you spend anything.

Run the wage-threshold test on every position and split your plan into high-wage and low-wage tracks
Confirm the correct NOC and TEER level for each trade before you advertise
Calculate your 20% cap position across every worksite
Check each project site address against the current CMA freeze list
Assess eligibility for rural temporary measures where your sites qualify
Prepare Transition Plans for high-wage trade positions
Plan and document the advertising and recruitment sequence for each stream
Advise on provincial construction streams — including Nova Scotia’s dedicated construction pathway — for workers you want to keep permanently
Prepare and submit the LMIA as your authorized representative and support the resulting work permits

Frequently asked questions

Does construction really get a higher cap than other sectors?

Yes. Construction (NAICS 23) is one of a small number of sectors permitted 20% of the workforce at a worksite in low-wage positions, against a 10% standard elsewhere. High-wage positions do not count toward the cap at all.

Are my carpenters and electricians high-wage or low-wage?

It depends on the hourly rate against your province’s threshold — the median wage plus 20% — not the trade itself. Journeyperson rates frequently clear it, which puts those positions in the high-wage stream and removes both the cap and the freeze. Helpers and labourers usually fall below it.

My site is in a CMA that shows 6% or higher unemployment. Can I still hire?

Yes. Positions in construction (NAICS 23) are on ESDC’s list of applications exempted from the refusal-to-process measure, so the CMA unemployment freeze does not apply to construction worksites. This is a significant advantage over sectors such as food service, which are not exempt. The caps on the proportion of low-wage positions still apply.

Is there a permanent route for the trades I bring in?

Often, yes. Nova Scotia runs a construction stream covering the trades listed on this page, and construction is a stated priority in several provincial programs. For a worker you want to retain, this is usually worth planning from the outset rather than after the fact.

Disclaimer: LMIA requirements, wage thresholds, CMA freeze lists, and program rules are established by ESDC and are subject to change without notice. The CMA unemployment freeze list is updated quarterly — always verify current status at canada.ca before submitting an application. This page reflects program requirements as of July 15, 2026. This information is for general guidance only and does not constitute legal or immigration advice. Consult Asteco before making any LMIA-related decisions.

Can you actually hire?

We will tell you honestly — before you spend a dollar on recruitment.

Get an LMIA AssessmentContact Asteco

Quick Facts

SectorNAICS 23 — Construction
Low-Wage Cap20% (elevated)
Small Employers2 TFWs if under 10 total workers
Freeze Applies?No — construction is exempt
Best LeversFreeze exemption + the 20% cap

Information reflects TFWP rules as of July 15, 2026. Program criteria, wage thresholds, and the CMA freeze list are set by ESDC and change without notice. This page is for general information only and does not constitute legal or immigration advice.