Dear Canadian Employers,
The landscape of Canada’s Temporary Foreign Worker (TFW) Program is changing, and it’s crucial for you to stay informed. Recent announcements by the Honourable Randy Boissonnault, Minister of Employment, Workforce Development and Official Languages, outline significant measures to address fraud and misuse within the program. Here’s what you need to know:
- Stricter Enforcement of the 20% Cap. The government is tightening the application of the 20% cap on temporary foreign workers, including for the “dual intent sub-stream.” If you’re using this stream, expect more stringent guidelines.
- Enhanced Scrutiny in High-Risk Areas. Labour Market Impact Assessments (LMIAs) and inspections will be subject to stricter oversight, especially in high-risk areas.
- Potential LMIA Fee Increases. The government is considering raising LMIA fees to fund additional integrity and processing activities. Be prepared for potential cost increases.
- New Eligibility Criteria. Future regulatory changes may introduce new factors for employer eligibility, such as a minimum number of years in business operations or your history of layoffs.
- Possible Restrictions in Low-Wage Stream. The government contemplates implementing a “refusal to process” policy in certain areas and industries under the low-wage stream.
- Agriculture and Fish & Seafood Processing Changes. A new foreign labour stream for these sectors is in the works, as announced in Budget 2022.
- Increased Penalties for Non-Compliance. The government has ramped up enforcement, with a 36% increase in fines issued in 2023-2024 compared to the previous year. Penalties for non-compliance can be severe, ranging from warning letters to fines of up to $100,000 per violation, with a maximum of $1 million annually. Serious violations could result in temporary or permanent bans from the program.
Key Takeaways:
- The TFW Program is readjusted as the labour market returns to a more balanced state.
- Only employers with demonstrable labour market needs will have access to the program.
- The government is intensifying its engagement with employers to ensure a clear understanding of program obligations.
- Abuse and misuse of the program will not be tolerated.
As responsible employers, it’s crucial to stay compliant with these new measures. Remember, the TFW Program is designed as an extraordinary measure when qualified Canadians are unavailable to fill job vacancies. Your primary focus should be on providing safe workplaces and treating all employees with dignity and respect.
Stay informed, review your TFW practices, and ensure you meet all program requirements. By doing so, you’ll not only avoid penalties but also contribute to maintaining the integrity of Canada’s labour market.
As certified Regulated Canadian Immigration Consultants (RCICs) and immigration experts, we’re here to help you navigate these changes and address any questions you may have. We welcome inquiries from business owners regarding Canadian immigration and visa issues, including those related to the Temporary Foreign Worker Program.
Whether you need assistance understanding these new regulations, require guidance on compliance, or have questions about other immigration matters for your business, don’t hesitate to reach out. Our expertise can help ensure your business stays compliant while meeting your workforce needs.
Let’s work together to ensure the TFW Program serves its intended purpose while protecting Canadian and temporary foreign workers. Contact us today to discuss your specific situation and how we can assist you in navigating Canada’s evolving immigration landscape.
Legal Disclaimer: The information provided on this page does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this page are for general information purposes only. Information on this website may not constitute the most up-to-date legal or other information.
