The Temporary Foreign Workers Program is:
- Administered by Employment and Social Development Canada (ESDC)
- Labour Market Impact Assessment (LMIA) now required, replacing Labour Market Opinion
- LMIA application should include:
- number of Canadians who applied for the job
- number of Canadians interviewed and why those were not hired
- confirmation that no Canadians will be laid-off or have hours reduced
- LMIA $1000 Application Fee/Per Position
- LMIA valid for one year. Two-year maximum work permit
TFWs Classified Based On Wage Level
Low wage < $21.79
High wage > (median wage)
- Low wage TFWs: less than provincial median wage
- Low wage occupations are generally those requiring a high school diploma or maximum of 2 years of job-specific training
- High wage TFWs: paid above provincial median wage
CAP and Restrictions on Low Wage TFWs
- 10% cap on proportion of low-wage TFWs/worksite
- TFW cap phased-in over next 3 years
- Employers with current lower-wage TFW workforce above cap limited to 30% or frozen at current level
- 30% transition cap reduced to 20% beginning July 1, 2015 and to 10% on July 1, 2016
- Low-wage TFWs applications refused in Accommodation, Food Services & Retail Trade sectors inregions with 6%+ unemployment
Transition Plans for High-Wage Positions
- Transition Plan required with LMIA to reduce reliance on TFWs
- Additional employer recruitment activities required to hire from under-represented groups.
- Report on transition plan success if reapplying for TFWs
- Transition plan results required if inspected
High Demand Occupations, Highest Paid and Short Duration Processed First
LMIAs processed within 10-business-day service standard for:
- highest-demand occupations (skilled trades)
- highest-paid (top 10%) occupations
- short-duration work periods (120 calendar days or less)
Stronger Enforcement and Tougher Penalties
- One in four employers inspected annually
- Employers are required to retain all recruitment documents for six years
- Non-compliance: Suspend/revoke LMIA; ban from applying for LMIA; up to 100K fine; blacklisted