The Federal Government recently announced further changes to the Temporary Foreign Worker Program (“TFWP”). Of significance, these changes will increase the cost for employers seeking to hire a Temporary Foreign Worker (“TFW”) and will also increase the amount of time that employers must spend attempting to recruit a Canadian or permanent resident before hiring a TFW.
The most recent round of changes to the TFWP are as follows:
Implementation of a Labour Market Opinion Processing Fee
Employers applying to hire TFWs are now required to pay a processing fee of $275 for each TFW position requested in a Labour Market Opinion (“LMO”) application. Further:
Processing fees do not apply to positions related to on-farm primary agriculture or positions under the Seasonal Agricultural Worker Program (“SAWP”).
New Restrictions on Setting Language Requirements
Effective immediately, only English and French language proficiency can be a job requirement. The only exception is where an employer can demonstrate that proficiency in another language is essential to performing the job.
As with processing fees, the language restriction does not apply to positions related to on-farm primary agriculture or positions under the SAWP.
New Advertising Requirements
Employers must advertise available positions in Canada for at least four weeks before applying for an LMO. This time period starts from the first day the ad appears and is accessible to the general public. The advertisement must remain posted until the LMO is issued.
In addition to advertising on the National Job Bank website (or its provincial / territorial counterpart), employers must prove that they have used at least two other recruitment methods that are consistent with the advertising practices for the occupation, keeping in mind the following:
These new advertising requirements do not apply to the Live-in Caregiver Program, the Agricultural Stream, on-farm primary agriculture or positions under the SAWP.
Questions Regarding Impact of Hiring TFW on Canadian Job Market
There are new questions on the LMO application forms intended to assist in assessing the impact of hiring the TFW on Canada’s job market and whether the hiring of the TFW would facilitate outsourcing of Canadian jobs.
These changes to the TFWP are significant and will have an immediate effect on employers.
If you have any questions about these changes to the Temporary Foreign Worker Program, or any other questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale lawyer.
For more information on new developments in Workplace Law, please refer to our website at:
Click here for downloadable version