Ministers Jason Kenney and Chris Alexander today announced major
changes to the Temporary Foreign Worker Program (TFWP) and, at the
same time, lifted the moratorium on access to the program by the
food services sector. The reforms have been anticipated since a
series of media reports alleging abuse of both the program, and of
foreign workers, by Canadian employers. These media reports
and the ensuring controversy led to the imposition of the
moratorium in April.
The program is being split into two distinct streams: The
Temporary Foreign Worker Program and the International Mobility
The International Mobility Program (IMP)
The IMP will be overseen by Citizenship and Immigration Canada
(CIC) and will focus on high-skilled/high-wage employees who enter
Canada pursuant to bi-lateral and multi-lateral agreements with
other countries (e.g., GATS, NAFTA).
The New Temporary Foreign Worker Program
The TFWP will be overseen by Employment and Social Development
Canada (ESDC) and refers to those streams through which foreign
workers enter Canada pursuant to a Labour Market Impact Assessment
(LMIA). Administration of the program will now be based on
wage instead of the National Occupational Classification (NOC).
Highlights of the Changes
The Labour Market Opinion will be replaced by the Labour Market
Impact Assessment (LMIA). The LMIA will include a review of
local job data, including EI data, and require employers of
high-wage temporary foreign workers to submit transition plans in
order to reduce their reliance on the program. Employers will
now be required to report on the success of their plan annually
during each LMIA re-application. No transition plan is
required for short-duration occupations (120 days or less).
LMIA applications for high-wage, high-demand and short duration
occupations (120 days or less) will now be processed in 10 business
Fees for program access will increase significantly. The
Labour Market Impact Assessment fee will be $1,000.
Work Permits for low-wage positions will be reduced to one
year. Employers of low-wage temporary foreign workers will be
required to renew their LMIA annually.
A 10% cap will be imposed on low-wage temporary foreign
workers, as a proportion of the workforce at each worksite.
Employers that currently exceed the cap will have two years of
phased-in targets, starting at 30% on July 1, 2014 and dropping to
20% on July 1, 2015. The Minister has indicated that this cap
may be further reduced in future.
No LMIAs will be approved for jobs in Accommodation, Food
Services, or Retail Trade Services in any region with an
unemployment rate at-or-above 6%.
New enforcement measures, including a new Administrative
Monetary Penalty regime with fines of up to $100,000 for
non-compliance and misrepresentation.
1 in 4 employers who use the program will be inspected
Annual disclosure to Canadians of all employers who
currently avail themselves of the program
These reforms will have a profound impact on the way businesses
in Canada employee Temporary Foreign Workers.
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September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
Canada received more than 320,000 immigrants in the last 12 months, approaching levels not seen since the early 20th century. The per capital immigration rate at .88%, is consistent with previous Liberal government policies.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
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