As an employer, you must comply with all the Temporary Foreign Worker Program requirements for the position you are requesting. Learn about employer compliance and the possible consequences of non-compliance.
Notice:
Effective December 8, 2017, families or individuals seeking to hire a foreign caregiver to provide home care for individuals requiring assistance with medical needs are exempt from paying the Labour Market Impact Assessment application processing fee. Families or individuals with a gross annual income of $150,000 or less, seeking to hire a foreign caregiver to provide childcare in their home to a child under 13 years of age, also qualify for the processing fee exemption.
You must pay $1,000 for each position requested to cover the cost of processing your Labour Market Impact Assessment application.
Use of a third-party
If you choose to use the services of a third-party representative (paid or unpaid), you must complete the appropriate section of the Labour Market Impact Assessment application form.
You must not recover the costs for the services of a paid representative from the temporary foreign worker.
We may communicate directly with you to verify information provided on the Labour Market Impact Assessment application from the third-party representative.
We will not mediate a dispute between you and a third-party representative nor communicate complaints to a regulatory body on your behalf.
If you have a complaint about your third-party representative, there are ways to get help.
Paid third-party representatives
You may choose to ask a third-party representative to act on your behalf when seeking to use the Temporary Foreign Worker Program to hire a temporary foreign worker. A paid representative must be authorized to collect a fee or to receive any other type of payment to act on your behalf or to advise you in the Labour Market Impact Assessment application process. An authorized third-party representative is:
Unpaid third-party representatives
An unpaid representative can also assist you but is not authorized to collect a fee or to receive any other type of payment for rendering services. An unpaid representative can be a:
All employers applying to the Temporary Foreign Worker Program (TFWP) must supply documents along with their Labour Market Impact Assessment application to demonstrate that their business and job offer are legitimate.
All employers applying to the Temporary Foreign Worker Program (TFWP) must supply documents along with their Labour Market Impact Assessment application to demonstrate that their business and job offer are legitimate.
If you are hiring temporary foreign workers and offering them a wage that is below the provincial or territorial median hourly wage, you are subject to a cap on the proportion of temporary foreign workers that you, as an employer, can hire in low-wage positions at a specific work location.
The cap, implemented on June 20, 2014, was phased in to provide employers time to transition to a Canadian workforce which means that they are limited to a:
Calculating the cap
To calculate the cap, you must complete the Cap for Low-wage Positions section of the Labour Market Impact Assessment application form. You may be asked to provide documentation, such as payroll records, to support the information provided.
Exemptions to the cap
Exemptions include applications for:
Recruitment is the process of finding and selecting qualified employees. As part of the Temporary Foreign Worker Program requirements, you must conduct recruitment efforts to hire Canadians and permanent residents before offering a job to a temporary foreign worker.
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