All you need to know about the Temporary Foreign Worker Program in Canada (TFWP)

The Temporary Foreign Worker Program (TFWP) is a key Canadian government initiative designed to meet the immediate and specific needs of the Canadian labour market. This program enables employers in Canada to hire international workers to fill temporary labour shortages when Canadian citizens or permanent residents are not available to fill these positions. The TFWP covers a wide range of sectors, from agriculture and high-tech services to senior care and construction.

Employers wishing to use the TFWP must obtain a Labour Market Impact Assessment (LMIA), demonstrating that no Canadian or permanent resident is available to fill the role, and that the job offered will contribute positively to the local economy. This process ensures that the TFWP is used as a last resort, respecting the integrity of the Canadian labour market.

What are the different components of the TFWP?

The TFWP is divided into several streams, each targeting a specific aspect of the labor market, including Global Talent, High-Wage Positions, Low-Wage Positions, and Temporary Agricultural Workers. These streams are tailored to attract a wide range of skills and address shortages in different economic sectors.

Global Talent Stream (GTS)

This component is specifically designed to help Canadian companies attract highly qualified foreign talent in sectors where there is a shortage of skilled labour in Canada. In particular, it targets the fields of technology and innovation, and enables fast-track processing of applications for critical positions requiring specialized skills.

High-paying positions

This component is aimed at positions offering wages at or above the median wage for a given occupation in a specific region of Canada. It ensures that foreign workers are hired for high-wage positions without negatively affecting labor market conditions for Canadians.

Low-wage jobs

Conversely, this section concerns jobs offering a salary below the median wage. This stream is subject to stricter rules to protect foreign workers in sectors where working conditions can be difficult, and to ensure that there is no devaluation of wages and working conditions in these sectors.

Temporary agricultural workers

This specific component enables employers in the agricultural sector to hire foreign workers for temporary positions when Canadians are not available. This program is designed to support Canada's agricultural industry, which is essential to the country's economy, by filling seasonal labor shortages.

Each component of the TFWP is designed with specific criteria and procedures to ensure that the recruitment of foreign workers complements the Canadian workforce without compromising it. The objective is to create a balance between the need to fill labour shortages in certain regions and sectors, and the protection of jobs and working conditions for Canadians and permanent residents.

What are the costs associated with a PTET application for employers and employees?

Participation in Canada's Temporary Foreign Worker Program (TFWP) involves the payment of certain fees for both employers and employees. These fees are intended to cover the administrative costs associated with processing applications, and to ensure the smooth operation of the program, while ensuring compliance with labor standards and worker protection.

Employer costs

1. Labour Market Impact Assessment (LMIA ): Employers must pay a fee of $1,000 CAD for each LMIA application, required to demonstrate that hiring a foreign worker will not have a negative impact on the Canadian labour market.
2. Fees specific to Quebec: In Quebec, employers wishing to hire temporary foreign workers must obtain a joint LMIA from both governments, and pay a $222 CAD fee to assess the impact of the job offer on the Quebec labor market.

Employee expenses

1. Work permits: Foreign workers must pay a $155 CAD fee to apply for a work permit.
2. Medical examinations: Costs associated with mandatory medical examinations vary depending on the country of residence and the medical services required. These examinations must be carried out by a doctor licensed by the Canadian government.
3. Biometrics: Provision of biometric data, required for certain workers depending on their nationality, costs CAD$85 per person, with a maximum of CAD$170 per family.
4. Quebec-specific fees: For foreign workers settling in Quebec, there may be additional fees related to procedures or requirements specific to that province, such as the $222 CAD fee to obtain the Certificat d'Acceptation du Québec (CAQ), essential for certain types of work permits.

It's crucial for employers and employees to keep abreast of the latest updates on TFWP fees and requirements, including those specific to Quebec. Detailed, up-to-date information can be found on the official websites of Immigration, Refugees and Citizenship Canada (IRCC) and the Ministère de l'Immigration, de la Francisation et de l'Intégration (MIFI) du Québec.

How long can I work in Canada under the TFWP?

The length of time a temporary foreign worker can stay and work in Canada under the Temporary Foreign Worker Program (TFWP) varies according to a number of factors, including the type of work permit, the sector of activity, and the specific conditions of employment. In general, the TFWP is designed to meet temporary labour needs, which means that the duration of the work permit is limited and determined by the duration of the job offer or by program regulations. For most components of the TFWP, including high- and low-wage positions and the Global Talent component, the maximum duration of a work permit is generally 36 months (3 years). Under the Seasonal Agricultural Worker Program, the duration of stay is often limited to the agricultural season, generally not exceeding 8 months, with the possibility of returning to Canada for future seasons.

Extension and renewal

Temporary foreign workers can apply to extend their work permit in Canada, subject to approval by Immigration, Refugees and Citizenship Canada (IRCC) and, in some cases, a new positive LMIA from the employer. The renewal process should be started well in advance of the expiry of the current permit, to avoid any interruption in employment.

What rights and protections are offered to workers under the TFWP?

Temporary foreign workers in Canada, recruited under the Temporary Foreign Worker Program (TFWP), benefit from a set of rights and protections designed to ensure their safety, well-being and fair treatment during their stay. These measures are essential to ensure that working conditions meet Canadian standards and protect workers from exploitation and abuse.

Fundamental rights of workers

1. Fair pay: Workers under the TFWP are entitled to a wage corresponding to that offered to Canadians for similar work, thus ensuring pay equity in the sector concerned.
2. Safe working conditions: Employers must provide a working environment that complies with provincial and federal health and safety standards, protecting workers from hazards and accidents.
3. Working hours and rest periods: Foreign workers are protected by the same laws on working hours and rest periods as Canadian workers, guaranteeing reasonable working conditions.
4. Protection against discrimination and harassment: Workers are protected against any form of discrimination or harassment in the workplace, whether based on race, sex, religion or any other ground protected by Canadian law.

Additional protection

• Health insurance: Temporary foreign workers are entitled to health insurance coverage, often provided upon arrival or after a waiting period defined by the province.
• Housing: For some programs, employers must provide safe, affordable housing.
• Access to social services: Workers have access to certain social services and assistance to facilitate their integration and life in Canada.
• Remedies: In the event of a violation of their rights, temporary foreign workers have access to complaint and appeal mechanisms to resolve disputes and obtain redress.

The Government of Canada and the provinces work together to ensure that the rights of workers under the TFWP are respected and protected. Regular inspections and control measures are put in place to ensure that employers meet their obligations to foreign workers. In this way, the TFWP not only meets labour needs, but is also committed to maintaining high standards of protection and respect for those who make a significant contribution to the Canadian economy.

What are the consequences of an employer or employee violating the terms of the TFWP?

Violation of the terms and conditions of the Temporary Foreign Worker Program (TFWP) by an employer or employee can result in serious consequences, aimed at preserving the integrity of the program and protecting the rights of workers and the Canadian labour market. Measures taken in the event of non-compliance reflect the seriousness of the offence, and are designed to deter abusive or fraudulent behaviour.

For employers

1. Administrative sanctions: Employers who fail to comply with the terms of the TFWP may be subject to administrative sanctions, such as significant fines.
2. Hiring ban: They may also be subject to a ban on hiring temporary foreign workers for a specified period, which limits their access to the TFWP and may affect their ability to meet labor needs.
3. Reputation: Violations can be made public, damaging the company's reputation and its ability to recruit in the future, both locally and internationally.
4. Legal proceedings: In serious cases of non-compliance, such as fraud or serious abuse of workers, employers may be subject to legal proceedings.

For employees

1. Cancellation of work permit: Workers who violate the conditions of their work permit may have their permit revoked, meaning they may have to leave Canada.
2. Return ban: Violations may result in a ban on re-entry to Canada for a specified period, affecting the worker's ability to re-enter the TFWP or other immigration programs.
3. Consequences for permanent residence: Violations can also have a negative impact on future immigration applications, including applications for permanent residence.
4. Legal action: As with employers, workers involved in fraudulent or abusive activities risk legal action.

Importance of compliance

These consequences underline the importance of employers and workers fully understanding their obligations and rights under the TFWP. Compliance not only ensures the smooth operation of the program, but also protects the interests of foreign workers and supports the integrity of the Canadian labour market.

The Government of Canada provides resources and guidelines to help employers and workers navigate the TFWP, encouraging a positive and compliant experience for all parties involved. A proactive approach to compliance can prevent violations and their associated consequences, ensuring the success and sustainability of the program for the future.

Conclusion

In conclusion, the Temporary Foreign Worker Program (TFWP) represents a crucial component of Canada's immigration and labour market strategy, offering employers a regulated avenue to address temporary labour shortages by bringing in international talent. For employers and foreign workers alike wishing to navigate this complex program, a clear understanding of obligations, rights and procedures is essential to ensure a successful and mutually beneficial experience.

**Please note that the information presented in this article is subject to change and is provided for reference purposes only; it should not be construed as legal advice. For accurate and personalized immigration advice, we strongly recommend that you consult a qualified lawyer or immigration consultant.