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New Prevailing Wage Requirement from the Employment and Social Development Canada

Canadian and US immigration lawyers

Welcome to the Guberman // Appleby Immigration Lawyers 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:

  • Employment and Social Development Canada (ESDC) Introduces a New Prevailing Wage Requirement

As companies plan out their annual strategies and consider compliance in various aspects of their business, it will be important to keep in mind a new prevailing wage requirement introduced by ESDC, effective as of January 1, 2024.   

The new prevailing wage requirements means that employers of Temporary Foreign Workers who hold work permits based on positive LMIAs must annually review the TFWs wage to ensure that it aligns with the prevailing wage rate for their occupation and location of work. 

To do this, employers will need to consult with the Job Bank and examine the current prevailing wage for a given job role. If there has been a change to the prevailing wage, the employer must, at all times, continue to pay the TFW the prevailing wage noted for their occupation and location at all times throughout their period of employment.

As good practice, we recommend documenting the review of the wages and any corresponding increase in your TFW Compliance file. Typically, prevailing wages are adjusted each fall; however, it would be prudent to review all prevailing wages for all LMIA-based TFWs forthwith.  

If you do not have a current compliance regime for your TFW population, now is also a good time to consider implementing one given that one in four employers who hire TFWs are subject to a random compliance review.

Work with Leading Immigration Lawyers

Guberman // Appleby Immigration Lawyers are available to discuss how these changes impact you, your business or your employees.

// CONTACT US

We welcome you to contact us directly to discuss the above. Please contact one of our Canada immigration lawyers by reaching out to our general line 416 548 7100 or via email  at info@gaimmlaw.com. As your Canadian immigration lawyer, we can manage legal requirements and questions regarding immigration. Call us to discuss any of your specific Canadian or US immigration queries either virtually or in person. We look forward to hearing from you.