The Temporary Foreign Worker (TFW) Program Workforce Solutions Road Map includes vital measures to assist with vacancies throughout many sectors and occupations of the labor market, defend people in Canada on work permits and simultaneously promoting the Government of Canada’s ongoing efforts to rebuild the TFW Program.
Effective immediately: Eliminate the Seasonal Cap permanently.
The Seasonal Cap Exemption presently affords employers in seasonal industries, which includes fish and seafood processing, to employ work permit holders under the low-salary cap for an employment length of as much as one hundred and eighty calendar days within a 12 month period to cope with seasonal peaks. This can be extended to as much as 270 days on a permanent basis. This will make certain predictability for employers who employ foreign nationals on work permits.
Longer validity for Labour Market Impact Assessments
A Labour Market Impact Assessment (LMIA) is an authorization that an organization in Canada obtains to be able to hire a temporary foreign worker on a work permit, through the TFW Program. The objective of the LMIA is to make certain that the employment of a work permit holder will now no longer have an unfavourable the Canadian labour force and that the organization and offer of employment are legitimate The current nine-month most validity for LMIAs can be extended to eighteen months. This will assist employers improve the management of their staff and hire people on work permits in a more expedient fashion. Employment length for High-Wage stream and Global Talent Stream workers LMIAs define the of a work permit holder’s employment, and the expiration date will depend on the program under which they applied. When a work permit holder receives their work permit from IRCC the expiration date typically coincides with the maximum validity indicated on the LMIA. LMIAs in the the High-Wage and Global Talent Streams presently have a twenty four month validity. Starting on April 4, 2022, the employment length for LMIAs processed beneath those streams can to a maximum validity period of 3 years. Allowing employers to employ a foreign national will decrease their administrative burden and assist with planning and managing the employer’s labor force. Importantly, this may even assist people applying for permanent residency.
Effective April 30:
The former limit on 10% of foreign nationals working in a low-wage, temporary position will be increased. There will be an across the board increase to 20% affecting all employers, which will help to alleviate labor shortages in various sectors & occupations. For seven sectors with validated labour shortages in low-wage positions, including: Food Manufacturing (NAICS 311); Wood Product Manufacturing (NAICS 321); Furniture and Related Product Manufacturing (NAICS 337); Accommodation and Food Services (NAICS 72); Construction (NAICS 23); Hospitals (NAICS 622); and Nursing and Residential Care Facilities (NAICS 623)—the cap could be raised to 30% for one 12 months. The Government will implementation and always review the regulations to make certain they may be addressing actual labour shortages with out displacing or negatively affecting Canadian people or workplace conditions. Removal of the 6% Refusal to Process rule At present, the TFW Program refuses to review LMIA packages for low-wage occupations that fall under the category of Accommodation and Food Services, and Retail Trade sectors in geographic areas with an unemployment rate of at least 6%. The Government will cease this rule on April 30, 2022. To make certain Canadians nonetheless are taken into consideration first for employment opportunities, the LMIAs have to nonetheless prove that foreign workers are necessary to the Canadian business’ operations. Removing the automated refusal will assist employers in who are facing significant labour shortages, in spite of an unemployment rate of 6% or higher.
