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Temporary Foreign Worker Program (TFWP)

An overview of the TFWP, which allows Canadian employers to hire foreign workers to fill temporary labour shortages.

Sections

1. Overview of the Temporary Foreign Worker Program (TFWP)

The TFWP is managed by Employment and Social Development Canada (ESDC) in collaboration with Immigration, Refugees and Citizenship Canada (IRCC). It is designed to address short-term labor shortages in Canada while ensuring that Canadian workers are prioritized for job opportunities.

The program is divided into several streams based on the type of work and skill level required:

  • High-Wage Stream: For positions with wages above the provincial/territorial median hourly wage.
  • Low-Wage Stream: For positions with wages below the provincial/territorial median hourly wage.
  • Seasonal Agricultural Worker Program (SAWP): For hiring temporary foreign workers from specific countries to work in agriculture.
  • Global Talent Stream (GTS): For highly skilled workers in specialized fields, such as technology.
  • Caregiver Program: For hiring in-home caregivers for children, seniors, or individuals with medical needs.

2. National Regulations Governing the TFWP

The TFWP is governed by strict regulations to ensure fairness, protect workers' rights, and prioritize Canadian workers. Key regulations include:

a. Labor Market Impact Assessment (LMIA)

  • Employers must obtain a Labor Market Impact Assessment (LMIA) from ESDC to prove that hiring a foreign worker will not negatively impact the Canadian labor market.
  • The LMIA process requires employers to demonstrate efforts to recruit Canadian citizens or permanent residents before turning to foreign workers.

b. Worker Protections

  • Employers must comply with Canadian labor laws, including providing fair wages, safe working conditions, and access to healthcare.
  • Employers are prohibited from charging recruitment fees to workers.
  • Workers are protected under the Temporary Foreign Worker Protection Act, which ensures they are not exploited or mistreated.

c. Work Permits

  • Foreign workers must apply for a work permit through IRCC after the employer secures an LMIA.
  • Work permits are typically tied to a specific employer and job (employer-specific work permits).

d. Compliance and Inspections

  • Employers are subject to inspections to ensure compliance with program requirements.
  • Non-compliance can result in penalties, including fines, bans from the program, and public disclosure of violations.

3. Costs Involved in the TFWP

The costs associated with the TFWP are primarily borne by the employer. These include:

a. LMIA Application Fee

  • Employers must pay a $1,000 CAD fee per position when applying for an LMIA.
  • The fee is non-refundable, even if the LMIA is denied.

b. Recruitment Costs

  • Employers are responsible for advertising the job to Canadian citizens and permanent residents for at least four weeks before applying for an LMIA.
  • Advertising costs vary depending on the platform used.

c. Transportation Costs

  • Employers must cover the cost of round-trip transportation for the foreign worker to and from their home country.

d. Housing Costs

  • For low-wage and agricultural workers, employers must provide affordable housing or ensure housing is available.

e. Health Insurance

  • Employers must provide private health insurance for the worker until they are eligible for provincial/territorial health coverage.

f. Other Costs

  • Employers may also need to pay for language training, if required, and any additional costs related to compliance with provincial/territorial labor laws.

4. Standard Procedures for Applying

The TFWP application process involves several steps for both employers and workers:

Step 1: Employer Applies for an LMIA

  1. Determine the Stream: Identify the appropriate TFWP stream based on the job type and wage level.
  2. Advertise the Job: Post the job on the Government of Canada Job Bank and other recruitment platforms for at least four weeks.
  3. Submit the LMIA Application: Complete the LMIA application form and submit it to ESDC along with the required fee and supporting documents.
  4. Await LMIA Decision: Processing times vary but typically range from a few weeks to several months.

Step 2: Worker Applies for a Work Permit

  1. Receive LMIA and Job Offer: The employer provides the worker with a copy of the positive LMIA and a formal job offer.
  2. Submit Work Permit Application: The worker applies for a work permit through IRCC, either online or at a visa application center (VAC) in their home country.
  3. Provide Biometrics and Medical Exam: Workers may need to provide biometrics and undergo a medical exam, depending on their country of residence and the type of work.
  4. Receive Work Permit: If approved, the worker receives a work permit, which specifies the employer, job, and duration of employment.

5. Country-Specific Considerations

While the TFWP is a national program, there are some country-specific considerations:

a. Seasonal Agricultural Worker Program (SAWP)

  • The SAWP is limited to workers from specific countries, including Mexico and several Caribbean nations (e.g., Jamaica, Barbados, Trinidad and Tobago).
  • Workers under the SAWP are employed in agriculture and must return to their home country at the end of the season.

b. Visa Requirements

  • Workers from visa-exempt countries (e.g., the United States, many European nations) may not require a Temporary Resident Visa (TRV) to enter Canada but still need a work permit.
  • Workers from non-visa-exempt countries must apply for a TRV alongside their work permit.

c. Language Proficiency

  • While language testing is not always required, workers may need to demonstrate proficiency in English or French, depending on the job requirements.

d. Cultural and Legal Awareness

  • Workers should familiarize themselves with Canadian workplace culture, labor laws, and their rights under the TFWP.
  • Employers should provide orientation and support to help workers adapt to life in Canada.

6. Additional Resources

7. Key Considerations for Employers and Workers

For Employers:

  • Ensure compliance with all program requirements to avoid penalties.
  • Provide clear, written contracts to workers outlining wages, duties, and conditions.
  • Be prepared for inspections and audits by ESDC.

For Workers:

  • Understand your rights under Canadian labor laws.
  • Avoid paying recruitment fees to third parties (this is illegal in Canada).
  • Seek assistance from provincial/territorial labor offices if you face mistreatment or exploitation.

By following the above guidelines and understanding the requirements, both employers and workers can navigate the TFWP effectively. If you have further questions or need clarification on specific aspects, feel free to ask!