Welcome to the Guberman // Appleby Immigration Update. We hope you find the information provided relevant to your immigration needs. Our objective is to highlight recent changes in immigration that are of interest to our readers. If you have specific questions relating to this update, feel free to contact us at info@gaimmlaw.com.
Today’s topic:
- Changes in the Temporary Foreign Worker Program: What Employers Need to Know.
In a recent announcement by the Honourable Randy Boissonnault, Minister of Employment, Workforce Development and Official Languages, significant changes to the Temporary Foreign Worker (TFW) Program have been unveiled. These changes, aimed at ensuring the program aligns with current labour market needs while safeguarding the rights of temporary foreign workers, carry implications for employers across various sectors. Likewise, Minister Marc Miller, the Minister of Immigration, Refugees and Citizenship Canada made announcements regarding making sure that the amount of temporary foreign workers allowed into the country is at a sustainable level.
Key Changes Effective May 1, 2024:
- Validity of Labour Market Impact Assessments (LMIAs): New LMIAs will now be valid for six months, halving the previous duration of 12 months.
- Reduction in Workforce Percentage: The low wage cap for employers seeking TFWs in low wage positions will be subject to a 20% cap as opposed to the 30% cap that has been in place for some time. However, exceptions are granted for critical sectors like constructions and healthcare.
- Exploring Alternative Options: Employers are required to explore alternative avenues before resorting to LMIA applications, including the recruitment of asylum seekers possessing valid work permits in Canada.
Ongoing Wage Reviews: Effective January 1, 2024, employers are mandated to conduct annual wage reviews for temporary foreign workers. These reviews ensure that wages remain in line with prevailing wage rates for their respective occupations and regions of work.
Implications for Employers: These changes necessitate proactive measures from employers utilizing the TFW Program. With shorter LMIA validity periods and tighter workforce percentage allocations, employers must streamline their recruitment processes and explore diverse talent pools. Additionally, diligent adherence to wage review protocols is crucial to maintaining compliance and upholding fair labour practices.
As the landscape of the Temporary Foreign Worker Program undergoes revision, employers must adapt to these changes to ensure ongoing compliance. By staying informed, embracing alternative recruitment strategies, and prioritizing fair compensation practices, employers can uphold their obligations while leveraging the benefits of a diverse workforce.
As per Minister Marc Miller, Canada will keep enjoying the valuable help newcomers bring every day. The aim is for all new families and residents to have what they need to succeed and get the support they require. The main objective for the Canadian government is to have an immigration system that’s fair and sustainable, focusing on what’s necessary rather than just making money.
// CONTACT US
We welcome you to contact us directly to discuss the above. Please contact one of our immigration lawyers, by reaching out to our general line 416 548 7100 or via email info@gaimmlaw.com. Our immigration lawyers are always available to discuss any of your specific Canadian or US immigration queries either virtually or in person. We look forward to hearing from you.
