To rapidly scale factory labour during the lobster, crab, or fish seasons, maritime employers use the Low-Wage LMIA Seasonal Cap Exemption. This allows seafood processors in Atlantic Canada to hire unlimited foreign workers for up to 270 days per calendar year, bypassing strict corporate hiring limits.
Atlantic Canada is globally renowned for its maritime fisheries. Whether it is processing lobster in Nova Scotia, snow crab in New Brunswick, or cod in Newfoundland and Labrador, the industry relies on massive, short-term spikes in labour. When the boats arrive at the dock, the catch must be processed immediately. However, rural maritime communities often lack the local population required to staff these massive seafood processing plants on a seasonal basis.
To prevent product spoilage and economic disaster, the federal government offers specific immigration pathways for the seafood sector. 📜 While some agricultural programs exist, fish plant workers (NOC 94142 and 95106) are generally brought in under the Low-Wage Labour Market Impact Assessment (LMIA) stream. Crucially, they benefit from a “Seasonal Cap Exemption” which removes the standard limits on how many low-wage foreign workers a company can employ. In this guide, we will walk B2B processing facilities through the exact steps to secure seasonal work permits for their plant floors.
Step-by-Step Process for Hiring Seafood Plant Workers
Timing is everything in the fisheries. Missing an LMIA deadline means facing an empty factory floor during peak season. Employers must rigorously follow the Employment and Social Development Canada (ESDC) protocols to ensure a smooth arrival of workers.
Step 1: Confirm the 270-Day Exemption Rule
To qualify for the Seasonal Cap Exemption, the employment period cannot exceed 270 days (roughly 9 months) in a single calendar year. Your HR department must structure the employment contracts to align exactly with the fishing season in your specific Atlantic province. If you require year-round workers, you cannot use this exemption and will be subject to standard low-wage hiring caps.
Step 2: Source Mandatory Housing and Transportation
ESDC enforces incredibly strict rules to protect temporary foreign workers. Before you can even apply for the LMIA, you must guarantee that you have secured affordable, adequate housing for the workers near the rural plant. Additionally, the employer is legally required to pay for the round-trip international airfare; you cannot deduct the cost of the flight from the worker’s paycheque.
Step 3: Conduct Domestic Advertising
Despite the known labour shortages in Atlantic Canada, you must still try to hire locals. 🔍 Under guidelines introduced in 2026 for the low-wage stream, you are required to run advertisements for a minimum of 8 consecutive weeks on the Government of Canada Job Bank and at least two other platforms (such as local maritime newspapers or community boards). Furthermore, employers must conduct targeted recruitment efforts specifically focused on Canadian youth (aged 15 to 30) and other underrepresented groups in the workforce.
Step 4: Submit the LMIA to ESDC
Once advertising is complete, your corporate immigration lawyer will file the bulk LMIA application. You must clearly mark that you are applying under the “Seasonal Cap Exemption” for seafood processing. You will need to provide your Canada Revenue Agency (CRA) business number, proof of provincial workplace safety coverage, and copies of the housing agreements.
Step 5: IRCC Work Permit Processing
Upon receiving a positive LMIA, the workers (often from countries like Mexico, the Philippines, or Jamaica) will apply for their seasonal work permits with Immigration, Refugees and Citizenship Canada (IRCC). 📩 Due to the time-sensitive nature of the fisheries, IRCC occasionally expedites these specific NOC codes, but early filing is still critical.
How Much Does it Cost the Employer?
Staffing a seafood plant with foreign workers requires substantial upfront corporate capital. 💵
- ESDC LMIA Processing Fee: $1,000 CAD per position. (If requesting 50 workers, the government fee alone is $50,000 CAD).
- Airfare: Depending on the origin country, round-trip flights typically cost between $1,000 CAD and $2,500 CAD per worker.
- Private Healthcare: Employers must pay for private emergency medical insurance until the worker qualifies for the provincial health plan in Nova Scotia, PEI, etc.
- Legal Fees: Retaining a law firm to manage a bulk seasonal filing usually costs $5,000 CAD to $10,000+ CAD.
How Long Does the Process Take?
Plant managers must plan almost a year in advance. ⏱️ The mandatory advertising takes 8 weeks (2 months). ESDC processing for seasonal LMIAs can take 1 to 3 months. The final IRCC visa and work permit processing can take an additional 2 to 4 months. Most successful Atlantic processors begin their LMIA applications in October or November to guarantee their workers arrive in time for the spring lobster and crab seasons.
Seasonal LMIA vs. Atlantic Immigration Program (AIP)
| Feature | Seasonal Low-Wage LMIA | Atlantic Immigration Program (AIP) |
|---|---|---|
| Primary Goal | Short-term labour for seasonal spikes (max 270 days). | Permanent Residence for year-round employees. |
| Employer Costs | High upfront costs (flights, $1,000 LMIA fee). | Lower upfront government fees; requires settlement plan. |
| Worker Retention | Workers must leave Canada when the season ends. | Workers stay permanently and integrate into the community. |
Frequently Asked Questions (FAQ)
Can we keep the seasonal workers for longer than 270 days?
No. If the employment period exceeds 270 days, the application no longer qualifies for the Seasonal Cap Exemption, meaning your business will be strictly limited by the standard cap on low-wage foreign workers (often 20% or 30% of your total workforce).
Do we have to pay the LMIA fee every single year?
Yes. Even if you bring back the exact same workers year after year, a new LMIA application, including the $1,000 CAD fee per position and the 8-week advertising period, must be completed annually.
What happens if the fishing season is delayed by weather?
The work permit is generally issued for the dates requested on the LMIA. If the workers arrive and there is a delay in production, the employer is still legally bound to provide them with the minimum hours of work and pay stipulated in their employment contract.
Are seafood plant workers eligible for PR?
It is difficult for strictly seasonal workers to gain PR because most programs require continuous, year-round experience. However, some provinces offer specialized Provincial Nominee Program (PNP) streams for food processing if the role eventually becomes permanent.
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