Overview of the Temporary Foreign Worker Program (TFPW)

Program Overview The Immigration and Refugee Protection Act (IRPA) and Regulations (IRPR) regulates the entry of all foreign Nationals (FN) to Canada and their ability to work during their stay The Temporary Foreign Worker Program (TFWP) is jointly managed by Citizenship and Immigration Canada (CIC) and Employment and Social Development Canada (ESDC) The Canada Border Service Agency manages land and border crossings and prints the work permits upon entry to Canada Entry of foreign nationals for work is designed to be driven primarily by employer demand There are no numerical limits/quotas, and no significant backlogs in processing Employers can hire foreign nationals in any occupation from any country, provided that both employers and workers meet regulatory requirements ESDC assesses the potential impact that hiring a foreign worker is likely to have on the Canadian labour market. Employers must apply for a Labour Market Impact Assessment (LMIA) from ESDC before hiring a foreign national unless a specific exemption applies CIC is responsible for assessing and issuing work permit applications from foreign nationals.

Two routes to working in Canada LMIA exemption 60% 140,976 entries in 2013 Labour Market Impact Assessment (LMIA) Required 40% 92, 029 entries in 2013 ‘Other Canadian Interests’ (e.g. intra-company transferees, researchers , etc.) 44,213 Spouses 14,829 Promotes and facilitates Canadian economic and cultural interests under several categories (e.g., youth mobility agreements, such as IEC; trade agreements). Free Trade and PT Agreements 30,091 Addresses labour shortages. Employers must demonstrate effort to recruit Canadians/PR’s first. Youth Mobility Agreements (e.g. International Experience Canada) 51,843

Labour Market Impact Assessment (LMIA) Streams 92,029 FWs (40% of total) entered Canada in 2013, following a positive LMIA from ESDC To receive a positive LMIA, an employer must advertise available jobs and consider Canadian or permanent resident applicants first, pay prevailing local labour market wages, and offer foreign workers (FWs) the same benefits as Canadian employees There are four LMIA streams: High-skilled stream: High-skilled workers (including skilled trades) helping to fill gaps, particularly in high growth industries Low-skilled stream: Introduced as a pilot in 2002, represents a small but growing portion of FW flows, vital to certain industries like meat processing, increasingly important in food service and hospitality sectors. This includes agricultural workers from Central America who do not have a formal SAWP program. Seasonal Agricultural Worker Program (SAWP): In place since 1966, essential to the competitiveness of Canadian agriculture industry (Mexico and Caricom countries only) Live-in Caregiver Program: Introduced in 1976, a distinct low-skilled stream with unique pathway to permanent residency

Labour Market Impact Assessment-Exemptions 140,976 FW’s (60% of total FW’s) entered Canada in 2013, primarily via four major categories that are exempt from the LMIA process: (R204) Free Trade Agreements and Annexes to Provincial/Territorial Immigration Agreements (30,091 in 2013) – International Agreements provide for LMIA-exempt entry for intra-company transferees, and some professional occupations. Provincial / Territorial Agreements are created to enable P/Ts to facilitate entry of FW’s that meet their regional economic needs. (R205) Spouses (14,829 in 2013) - work permits for spouses or common-law partners of skilled people coming to Canada as foreign workers. This LMIA exemption enables Canada to attract high skilled workers with families. (R205) Youth Mobility Agreements (51, 843in 2013): Exchange program for youth (aged 18-35) who enter under bilateral agreements and can work for any employer/occupation during their stay (normally 1 year). (R205) “Other Canadian interest’ (44,213 in 2013) those who are granted entry based on CIC’s regulatory authority to allow LMIA-exemptions if the FW is likely to “create significant social, cultural or economic benefits for Canada” (e.g. Intra-company transferees (GATS), student employment, charitable work , research, etc)

Applying for a work permit: General Rules General Rule #1: A foreign national wishing to work in Canada needs a work permit. General Rule #2: An employer must apply for a LMIA before a work permit can be issued, unless eligible for an exemption. General Rule #3: A work permit application is processed abroad in a Canadian visa office or at the Port of Entry. Visa-exempt FN’s may apply at a Port of Entry if they have obtained an LMIA (if applicable) and have completed their medicals (if applicable). General Rule #4: A foreign national seeking to enter Canada must not be inadmissible under IRPA. (criminality, security, medically etc)

Applying for a work permit: ESDC, LMIA-required If required, the employer applies for an LMIA from ESDC/Service Canada When assessing a job offer, Employment and Social Development Canada (ESDC) considers primarily: The offer of work is genuine. Employment will have a neutral or positive economic effect on the Canadian labour market. There is a need for the foreign worker to fill the job offer and that there is no Canadian or permanent resident worker available to do the job. Note that most TFW’s from Central America require LMIA’s as they are applying for low skilled positions in Canada such as beekeepers and agricultural workers.

Application for a work permit: CIC, Work Permits Foreign National applies for a work permit The application to obtain a work permit is processed abroad at a Canadian visa office if the applicant comes from a visa required country. All citizens of Central America require visas so must apply at through the visa office in Guatemala. Citizenship and Immigration Canada (CIC) assesses various factors in determining if a foreign national is eligible to work in Canada including: The worker is capable/eligible and intends to undertake the required work The employer and job offer are genuine The foreign worker is not inadmissible to Canada (criminality, security, medically etc.)

Work Permit is Issued at the Port of Entry: CBSA To obtain the work permit at a port of entry the foreign worker must be able to demonstrate to the Canada Border Service Agency (CBSA): That he/she continues to meet the eligibility requirements of the job offer That the offer of employment and employer are genuine Foreign worker must satisfy CBSA officer that he/she is admissible to Canada. **Final decision to issue a work permit and allow entry into Canada rests with the CBSA **If a foreign worker has multiple employers in Canada they will be issued the work permit for their first employer and must apply in Canada to change employers.

Recent changes to the TFWP program Since 2012, the Government of Canada has been reviewing all aspects of the TFWP. A number of administrative, regulatory and legislative reforms have been made and implemented over the past two years. Amendments to the Immigration and Refugee Protection Regulations: Impose conditions on employers who hire temporary foreign workers to demonstrate that they are meeting the conditions of hiring TFWs, and providing safe and healthy working conditions consistent with Canadian standards; Allow CIC and ESDC officials to conduct inspections of employers who hire temporary foreign workers to ensure that they are meeting the conditions of employment.  Employers who fail to provide documentation as requested or who do not cooperate with an inspection can be barred from hiring TFWs for 2 years. Allow officers to inspect an employer at any time during the employment of a TFW and for up to six years after the start date of that worker’s work permit. Prevent employers in businesses that offer, on a regular basis, striptease, erotic dance, escort services or erotic massages, from employing foreign nationals in any capacity.

Recent Changes to the TFWP continued Ministerial Instructions: In addition to the Regulatory Amendments, Ministerial Instructions came into force on December 31, 2013. For CIC, the new MI’s will allow for the revocation of work permits or the suspension of work permit applications in a number of appropriate circumstances. ESDC’s MIs will allow for the revocation or suspension of a LMIA or the refusal to process an LMIA. In April 2014 the Minister announced a moratorium on the Food Services Sector access to the TFWP and accordingly ESDC stopped processing any new or pending LMIA’s related to the Food Services Section. After a review of the Food Services Sector the majority of the suspended LMIA’s were reconfirmed and the suspension was lifted

Recent changes to the TFWP continued On June 20, 2014, the Government announced further changes to the program. For CIC, this means: Making employers of LMIA-exempt foreign nationals more accountable by requiring them to submit their job offer directly to CIC; Introducing a robust employer monitoring system at CIC that will see thousands of employers of LMIA-exempt foreign workers inspected each year; Adding new fees for employer-specific work permits to cover the costs of the compliance regime, as well as a privilege fee for most open work permit applicants; Re-naming the LMIA-exempt streams as the International Mobility Program (IMP), to differentiate from temporary foreign workers who enter Canada only after an assessment of their potential impact on Canadian job seekers; Adjusting several specific exemptions; and Conducting further reviews of IMP streams that could result in more foreign workers being subject to the new, more rigorous LMIA.

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