The Temporary Foreign Worker Program is a program of last and limited resort, to be accessed by employers facing genuine, acute labour shortages, and only after Canadians are not available to fill the job. In support of this Program mandate, on December 31, 2013 , the Minister of ESDC issued three Ministerial Instructions, one of which is the Refusal to Process Labour Market Opinions (LMO) if there is new information indicating that the employment of the foreign national in any portion, sector, region or occupational group of the labour market in Canada may or will have a significant negative effect on the Canadian labour market.

After careful analysis of significant new information, including from Canadians through Service Canada’s Confidential Tip Line, the Minister of ESDC has directed officials to establish a moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program.

Effective immediately, ESDC will no longer process LMOs for occupations in the Food Services Sector.

LMOs will not be processed for occupations classified by the 2002 North American Industrial Classification System (NAICS 2002) in Food Services and Drinking Places (NAICS subsector 722). Specifically, certain occupations related to sales and service and sales and service management as set out in the National Occupational Classification (NOC 2006).

Employers that have submitted applications and paid the processing fee, but have not yet received an LMO, will be refunded the full processing fee.

Any unused positions on positive LMOs that have been issued to employers for these sectors will be suspended and therefore will no longer be able to be used to obtain a worker permit.

ESDC will continue to ensure that Canadians have first access to available jobs. Abuse of the Temporary Foreign Worker Program will not be tolerated. To report misuse or abuse, contact: Service Canada Confidential Tip Line 1-866-602-9448 or integrity@servicecanada.gc.ca. Anonymous tips can also be provided to the Employer Contact Centre: 1-800-367-5693

List of all Sales and Services Occupations (Skill type 6 based on NOC-2006)
NOC Code and NOC4 Titles

• 6641    Food Counter Attendants, Kitchen Helpers and Related Occupations
• 0631    Restaurant and Food Service Managers
• 6212    Food Service Supervisors
• 6453    Food and Beverage Servers
• 6611    Cashiers
• 6241    Chefs
• 6242    Cooks
• 6252    Bakers
• 0611    Sales, Marketing and Advertising Managers
• 0621    Retail Trade Manager
• 0632    Accommodation Service Managers
• 0651    Other Services Managers
• 6211    Retail Trade Supervisors
• 6213    Executive Housekeepers
• 6214    Dry Cleaning and Laundry Supervisors
• 6215    Cleaning Supervisors
• 6216    Other Service Supervisors
• 6221    Technical Sales Specialists - Wholesale Trade
• 6251    Butchers, Meat Cutters and Fishmongers - Retail and Wholesale
• 6411    Sales Representatives - Wholesale Trade (Non-Technical)
• 6421    Retail Salespersons and Sales Clerks
• 6451    Maîtres d'hôtel and Hosts/Hostesses
• 6452    Bartenders
• 6484    Other Personal Service Occupations
• 6622    Grocery Clerks and Store Shelf Stockers
• 6623    Other Elemental Sales Occupations
• 6651    Security Guards and Related Occupations
• 6661    Light Duty Cleaners
• 6662    Specialized Cleaners
• 6663    Janitors, Caretakers and Building Superintendents
• 6681    Dry Cleaning and Laundry Occupations
• 6682    Ironing, Pressing and Finishing Occupations
• 6683    Other Elemental Service Occupations

Source: http://www.edsc.gc.ca/eng/jobs/foreign_workers/lmo_ref/index.shtml