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Temporary Foreign Workers: Canada Extends Special Measures to Support Employers

06 November, 2023

Temporary Foreign Workers: Canada Extends Special Measures to Support Employers

On October 26th, Randy Boissonnault, the Minister of Employment, Workforce Development, and Official Languages, unveiled revisions to the Temporary Foreign Workforce Solutions Road Map. These changes are designed to assist employers in tackling significant labor shortages through the Temporary Foreign Worker Program (TFWP).
 
The updated Temporary Foreign Workforce Solutions Road Map remains a vital strategy, allowing employers to adapt to changing labor and economic conditions in Canada. By making necessary adjustments to the TFWP, this initiative empowers employers to respond effectively to the dynamic workforce demands of the country.
 
In this announcement, the government has implemented or sustained the following modifications to the Temporary Foreign Workforce Solutions Road Map:
 
1. Employers in seven specific sectors (Food Manufacturing, Wood Product Manufacturing, Furniture and Related Product Manufacturing, Accommodation and Food Services, Construction, Hospitals, and Nursing and Residential Care Facilities) are permitted to hire up to 30% of their workforce in low-wage positions through the TFWP.
 
2. Positions under the provincial or territorial minimum wage will have a maximum employment duration cap of two years.
 
3. The validity of Labour Market Impact Assessments (LMIAs) has been reduced from the previous 18-month maximum to a 12-month maximum.
 
4. Starting January 1st, 2024, employers are mandated to conduct annual reviews of their temporary foreign workers' wages, ensuring they align with prevailing wage rates for their specific occupation and region of work.
 
All these extended measures will remain in effect until August 30th, 2024, with the flexibility to adjust them based on prevailing labor market and economic conditions.
 
Despite significant progress in addressing historical labor shortages following the COVID-19 pandemic, certain sectors, such as those mentioned earlier, continue to grapple with an ongoing scarcity of workers that cannot be resolved domestically. 
 
This challenge is reflected in the country's unemployment rate, which stood at 5.5% in September, a figure that has remained unchanged for the past three months despite record levels of immigration. Additionally, there has been an approximate 40% surge in employer demand for the Temporary Foreign Worker Program compared to the same period last year, underscoring the persistent vacancies in various sectors.

 

What is the Temporary Foreign Worker Program (TFWP)?

 

The Temporary Foreign Worker Program (TFWP) serves as one of Canada's two main work permit initiatives and is administered by Immigration, Refugees, and Citizenship Canada (IRCC). It acts as a solution to address domestic labor shortages by facilitating immigration.
 
Within this program, which includes specific streams for agriculture, live-in caregivers, and high and low-wage foreign workers, Canadian companies can hire foreign nationals to work in the country. However, employers must undergo a formal approval process known as a Labour Market Impact Assessment (LMIA). 
 
This assessment, conducted by the Canadian government, determines whether a Canadian permanent resident or citizen could have been employed for the same position. If the LMIA results in a positive or neutral decision, the employer can hire a foreign worker. Conversely, if the LMIA does not support the hiring, the work permit application will be rejected. Work permits granted through a positive LMIA are associated with a specific employer and industry.
 
Ensuring employer compliance is a fundamental aspect of the program. The Canadian government keeps online records of employers found non-compliant with Temporary Foreign Worker Program (TFWP) standards, covering areas such as wages, working conditions, and workers' rights. Additionally, a safety program has been established to protect vulnerable workers within the program. Furthermore, the Immigration, Refugees, and Citizenship Canada (IRCC) has introduced the Recognized Employer Pilot (REP) to simplify the Labour Market Impact Assessment (LMIA) procedures for reputable employers with a strong track record in the program. These initiatives underscore the vital role these workers play in addressing persistent job vacancies.

 

How long are temporary foreign worker work permits typically valid for?

 

Temporary foreign worker work permits in Canada are typically valid for a specified period of time, depending on various factors such as the nature of the job, the duration of the employment, and the specific program through which the work permit is obtained.
 
In general, there are two main types of temporary foreign worker work permits: employer-specific work permits and open work permits.
 
Employer-specific work permits are tied to a particular employer and job. The validity of these permits is usually determined by the length of the job offer from the employer. If the job offer is for a duration of less than two years, the work permit will usually be issued for the same duration. If the job offer is for more than two years, the work permit may be issued for up to three years.
 
Open work permits, on the other hand, allow foreign workers to work for any employer in Canada, with certain restrictions. The validity of open work permits can vary depending on the circumstances. In some cases, they may be issued for a specific period of time, such as one year, two years, or three years. In other cases, they may be valid for the same duration as the foreign worker's passport or the duration of their study permit, if they are currently studying in Canada.
 
It is important to note that the validity of work permits can vary depending on individual circumstances, changes in immigration policies, and the specific requirements of different work permit programs. It is always recommended to consult the official website of Immigration, Refugees and Citizenship.

 

What language proficiency is required for temporary foreign workers?

 

Language proficiency is a crucial requirement for temporary foreign workers seeking employment in Canada. Canada is a bilingual country with English and French being the two official languages. The specific language proficiency requirements may vary depending on the nature of the job and the province or territory where the employment is sought.
 
In most cases, a good command of either English or French is necessary to secure employment as a temporary foreign worker. Employers generally require proof of language proficiency to ensure effective communication in the workplace.
 
For English proficiency, the International English Language Testing System (IELTS) is commonly accepted as the standard measure. Most employers require a minimum score of 5.0 to 6.0 for general positions, while higher scores may be required for professions that demand advanced language skills.
 
Similarly, for French proficiency, the Test d'évaluation de français (TEF) is often used as a benchmark. The required score may vary depending on the job requirements and the province or territory in which the employment is sought.
It is important for prospective temporary foreign workers to note that language proficiency requirements may also be specific to certain industries or regulated occupations. For example, healthcare professionals or educators may have additional language proficiency requirements due to the nature of their work.
 
Overall, it is essential for temporary foreign workers to have a solid understanding of either English or French to effectively communicate and integrate into the Canadian workforce. It is advisable to research the specific language requirements for the desired job and consult with relevant authorities or immigration consultants to ensure compliance with the language proficiency requirements.
 
If you want to work and live in Canada, e-Visa Immigration can help you! Our team has expert immigration consultants ready to assist you at any time of your process. Contact us!

 

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