The Temporary Foreign Worker Program is intended to be used when Canadian employers are facing short-term skills and labour shortages, and only when no Canadians and permanent residents are available.

Four TFW pathways currently exist:

• high-wage workers
• low-wage workers
• workers through the Seasonal Agricultural Worker Program
• workers through the Agricultural Stream

Labour Market Impact Assessment

Most employers in Canada require a Labour Market Impact Assessment (LMIA) before they can hire a Temporary Foreign Worker (TFW). 

A positive LMIA, sometimes called a confirmation letter, confirms no Canadians or permanent residents are available and willing to do the identified job and, as a result, there is a true need for seeking a worker from overseas. 

To apply for an LMIA and utilize a TFW immigration pathway to hire a foreign worker employers must meet a number of criteria:

• proof of business legitimacy;
• proof of efforts to hire a Canadian citizen or permanent resident;
• proof that the job offer is legitimate and that the TFW will perform the duties outlined in the job posting advertised and job description for the job they were hired to perform;
• proof that the TFW will be paid wages similar to Canadian and permanent resident employees hired for the same job and work location, and with similar skills and years of experience;
• the hiring of temporary foreign workers must not affect current nor foreseeable labour disputes at a workplace. If the applicable positions are covered under a collective agreement the same terms and conditions must be applied to a temporary foreign worker; and
• English or French are the only languages that can be identified as a job requirement in a LMIA application and job advertisement. However, if another language is essential for the job, a proper  justification must be provided as part of the LMIA application; and
• a transition plan showing the activities the employer will undertake to recruit, retain and train Canadians and permanent residents in order to reduce reliance on temporary foreign workers.

Reputable Employer

There is a strong expectation that as an employer you will follow all required laws and respect all applicable standards to remain in good-standing and eligible to participate in government programs. 

Canadian law protects all workers in Canada, including temporary foreign workers. The exploitation of temporary foreign workers is considered a violation of Canadian laws and basic human rights.

Employment in most occupations is covered under provincial or territorial legislation that deals with labour and employment standards such as:

• hours of work (including overtime)
• compensation
• working conditions
• termination of employment

You must always ensure that the temporary foreign workers you want to hire under the Temporary Foreign Worker Program are covered from the provincial or territorial workplace safety insurance provider, where required by law.

Next Steps

Hiring foreign workers is not a quick process but can bring much needed skills to your business. It is a multi-step process including the recruitment campaign followed by the LMIA, work visa and work permit applications. 

Please contact Brillion to get support on hiring foreign workers for your business.