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Major Changes to the LMIA Regime and the Temporary Foreign Worker Program

By: Andrew Carvajal | LPEN CPD Instructor

On April 4, 2022, the Minister of Employment, Workforce Development and Disability Inclusion, Carla Qualtrough, announced the Temporary Foreign Worker Program Workforce Solutions Road Map. This initiative is an ongoing effort to adjust the Temporary Foreign Worker Program (TFWP) to current labour market needs. This initiative follows months of consultation by the federal government, including testimony from employers, industry associations and immigration experts, including our partner, Andrew Carvajal, before the Parliamentary Standing Committee on Citizenship and Immigration.

The implementation of the TFW Workforce Solutions Road Map includes five key policy changes that will be taking place within the coming weeks. These changes are the following:

Effective immediately

  • Labour Market Impact Assessments (LMIAs) will be valid for 18 months, an increase from 9 months
  • The maximum duration of employment for High-Wage and Global Talent Stream LMIA work permits will be extended from two years to three years
  • There will no longer be a limit to the number of low-wage positions that employers in seasonal industries can fill through the TFW Program

Effective April 30, 2022

  • For seven sectors with demonstrated labour shortages, such as Accommodation and Food Services, employers will be allowed to hire up to 30% of their workforce through the TFW Program for low-wage positions. All other employers will be allowed to hire up to 20% of their workforce through the TFW Program for low-wage positions. This is an increase from the former 10% cap for many employers
  • The government will no longer refuse to process LMIA applications for low-wage occupations in the Accommodation and Food Services and Retail Trade sectors in regions with an unemployment rate of 6% or higher

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