Changes to Temporary Foreign Worker

Government of Canada announces Workforce Solutions Road Map – further changes to the Temporary Foreign Worker Program to address labour shortages across Canada 

Did you know that as recent as February 2022, our unemployment rate in Canada was 5.5% -the lowest it has been since the start of the pandemic?  In fact, Canada’s economic recovery is outpacing the ability of many employers to find workers. In a recent press release from the Government of Canada, the outlined focus was on continued economic growth and building a strong, resilient workforce in all sectors.

That is why, in early April 2022, the Minister of Employment, Workforce Development and Disability Inclusion, Carla Qualtrough, announced the Temporary Foreign Worker (TFW) Program Workforce Solutions Road Map. This initiative marks the next step in an ongoing effort to adjust and improve the TFW Program to ensure it continues to meet the labour market needs of today. Central to this is addressing labour shortages, enhancing worker protections and building a stronger workforce for today and tomorrow, including through pathways to permanent residency. 

As part of this press release, key policy changes were implemented as part of the TFW Program Workforce Solutions Road Map to respond to current labour and skills shortages. 

• To address seasonal peaks, there will no longer be a limit to the number of low-wage positions that employers in seasonal industries can fill through the TFW Program. This makes permanent the Seasonal Cap Exemption that has been in place since 2015.  In addition, the maximum duration of these positions will be increased from 180 days to 270 days per year.

• Labour Market Impact Assessments (LMIAs) will be valid for 18 months, an increase from 9 months. (Prior to COVID-19, LMIA’s were valid for 6 months).

• The maximum duration of employment for High-Wage and Global Talent Streams workers will be extended from two years to three years. This extension will help workers access pathways to qualify for permanent residency, enabling them to contribute to our workforce for the long-term.

• Employers will be allowed to hire up to 20% of their workforce through the TFW Program for low-wage positions until further notice, an increase from the former 10% cap for many employers.

All of these changes are occurring alongside the Government’s ongoing work to strengthen worker protections. ESDC is also working to rebuild the TFW compliance regime to better protect TFWs. Ongoing activities to strengthen ESDC’s risk-based approach to target higher-risk employers include:

• further strengthening TFW inspection tools and mandatory training;

• leveraging its tip line service, allowing workers to flag any situation of abuse or misuse of the program; and

• expanding its work with consulates to identify concerns that need immediate attention.

Included in their press release, the Government, through Budget 2021, also announced 49.5 million over three years, starting in 2021-22, to support community-based organizations in the provision of migrant worker-centric programs and services, such as on-arrival orientation services and assistance in emergency and at-risk situations, through the new Migrant Worker Support Program.

I encourage you to peek at pre-published new proposed regulations (July 2021 in the Canada Gazette Part I) the Government hopes to introduce to help prevent the mistreatment or abuse of temporary foreign workers during their stay in Canada.  Work is also underway to finalize the 14 regulatory amendments to the Immigration and Refugee Protection Regulations (Temporary Foreign Workers) and final publication in the Canada Gazette Part II is anticipated later this summer.