Changes to the Temporary Foreign Worker Program

Description of the objective

Immigration and Refugee Protection Act

As noted in the Government of Canada’s Economic Action Plan 2012, “Canada’s labour market faces high unemployment rates in some regions and labour shortages in other regions as well as in certain sectors. Where there are acute needs in the labour market that are not easily filled by the domestic labour force, temporary foreign workers are an important resource for Canadian businesses. To meet employer demand and improve the responsiveness of the Temporary Foreign Worker Program (TFWP), the Government of Canada reduced the paper burden on employers and shortened processing times. The Government has also taken steps to enhance protection for temporary foreign workers.”

Going forward, the Government will continue to consider additional measures to ensure that the TFWP supports Canada’s economic recovery and growth by better aligning the program with labour market needs. At the same time, the Government will look at ways to ensure that businesses have made all reasonable efforts to recruit from the Canadian labour force before accessing the TFWP to bring in temporary foreign workers.

Based on the Government’s direction outlined in the Economic Action Plan, Citizenship and Immigration Canada and Human Resources and Skills Development Canada are conducting a review of the TFWP and will be undertaking targeted consultations with provinces and territories, and stakeholders in February-March 2013 to seek input on possible improvements to the TFWP.

In order to ensure the TFWP continues to address the interests of Canadian businesses and workers in the short term, the following proposed amendments to IRPR are being considered:

1. Protecting the integrity of the Canadian labour market
The proposed amendments are intended to protect the integrity of the Canadian labour market. This objective would be achieved by ensuring that employers are making efforts to hire and recruit Canadians first, by introducing an inspection regime to verify the compliance of employers with the terms they had agreed to in their offer of employment as outlined in LMO and Work Permit applications up to 6 years after the expiration of the Work Permits.

2. Protecting Temporary Foreign Workers
The proposed amendments would further protect TFWs by providing new authorities for HRSDC and CIC to verify an employer’s compliance with the Program requirements after the issuance of a work permit and while the TFW is still in the country. These more robust verification mechanisms backed up by effective consequences are intended to deter non-compliant employers from accessing TFWs.

3. Creating a more responsive and flexible Program
The proposed amendments are intended to create a more efficient LMO process for compliant employers with an average service standard of up to 10 business days. Under this proposed model, employers would be asked to attest (i.e. self declare) that they have complied and will comply with Program requirements on the application form. This model can only be successful if both HRSDC and CIC have formal inspection authorities to verify an employer’s compliance afterwards.

Indication of business impacts

There may be business impacts. The Small Business Lens may apply. The One for One Rule may apply.

Public Consultation Opportunities

The following is a list of recent stakeholder consultations on the Temporary Foreign Worker Program:

  • 2012 Calgary Roundtable meetings- CIC (July 2012)
  • 2012 Edmonton Roundtable-HRSDC (February 2012)
  • 2012 Joint HRSDC/CIC Summative Evaluation and the TFW survey
  • 2011 Calgary Roundtables -- CIC-HRSDC joint (October 2011)
  • 2011 Red Tape Reduction Consultations (January-March)
  • 2009 Office of the Auditor General Report & 2009 Stakeholder Feedback
  • Canada Bar Association conferences and meetings in May and November 2011 and May 2012.

Members of the public may also provide comments when regulatory proposals are pre-published in the Canada Gazette, Part I.

Additionally, CIC and HRSDC will consult with provinces/territories and other stakeholders on future TFWP proposals as these are developed. Members of the public may also provide comments when regulatory proposals are pre-published in the Canada Gazette, Part I.

Departmental contact

CIC-Reg@cic.gc.ca