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. You must also ensure that the employment you want to offer to a temporary foreign worker is for a full-time position which means that is has to be for a minimum of 30 hours of work/week.
New recruitment requirements for positions onboard a foreign vessel undertaking coasting trade effective as of September 11, 2018.
Note: The Governments of Canada and Quebec have reached an agreement to launch a pilot project under the Temporary Foreign Worker Program (TFWP). The agreement will introduce new flexibilities for Quebec employers in the TFWP.
For more details on the Quebec pilot project, please refer to the section Hiring Temporary Foreign Workers in Quebec.
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.
There may be a variety of fees and costs incurred in the process of recruiting temporary foreign workers, including but not limited to:
As an employer, you must confirm and ensure that you or anybody recruiting on your behalf does not charge or recover any recruitment fees, directly or indirectly, from the temporary foreign workers. Failure to do so will result in a negative LMIA decision.
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. The third-party representative also cannot demand or recover the processing fee or other costs related to recruiting from the TFW.
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.
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:
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:
A recruiter or anybody recruiting for the employer is someone who:
Some provinces and territories have specific requirements for recruiters and recruitment activities. It is your responsibility to ensure you comply with those requirements. As an employer, you are also responsible for the actions of anyone who recruits on your behalf.
Employers who have not employed a temporary foreign worker in the past 6 years prior to submitting a LMIA application will be subject to a review. The employer must demonstrate that they made reasonable efforts to provide a workplace that is free of abuse and that they were not an affiliate of an employer who is ineligible for the TFW Program or in default of any amount payable in respect of an administrative monetary penalty.
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