Newly Released: Temporary Foreign Worker Program Recognized Employer Pilot

The Recognized Employer Pilot (REP) will help to reduce the administrative burden and simplify the hiring process for repeat Temporary Foreign Worker (TFW) Program employers who demonstrate a history of complying with program requirements.

Most employers need a Labour Market Impact Assessment (LMIA) before they can submit a work permit application to hire a temporary foreign worker. An LMIA confirms that there is a need for a temporary foreign worker and that no Canadians or permanent residents are available to do the job. It also ensures that the employer’s job offer is legitimate, and that the employer has complied with Program requirements to protect workers.

To participate in REP, employers must have a minimum of three positive LMIAs for the same occupation over the past five years from a list of occupations that have been designated as in-shortage and supported using Canadian Occupational Projection System (COPS) data.

Employers who become recognized will gain access to LMIA validity periods of up to 36 months, and, if required, simplified LMIA applications to hire additional workers in the future.

REP will be rolled out in two stages:

• Stage one begins in September 2023, when employers in the Primary Agriculture stream will be able to apply in time for the 2024 season.
• Stage two begins in January 2024 and opens intake to all other industry sectors.

Applications for both streams will be accepted until September 2024.

Employers who are expected to meet REP eligibility criteria will be proactively invited to apply using a dual-purpose LMIA application which differs from the regular LMIA. Employers can request that the application be used to apply for recognized status under REP and for the LMIA at the same time.

Employment and Social Development Canada (ESDC) will determine REP eligibility based on the employer’s history with the TFW Program. Should an employer not receive recognized status, they will remain eligible to use the TFW Program and the Department would continue to assess their LMIA.

There are two ways to apply for an LMIA and REP:

• Through the LMIA Online Portal, a reliable and secure platform where employers can complete and submit an online application to ESDC; or,
• If the employer has a valid proof of valid exemption to the LMIA Online Portal, they can email a PDF application form to ESDC.

The assessment of a REP application will be based on the employer’s history of compliance with the TFW Program and how often they use the Program to fill in-demand occupations.

Eligible employers can expect:

• a simplified application process for future LMIA applications for positions on the COPS list;
• fewer points of contact between participating employers and ESDC during the pilot due to simplified LMIA forms that enable employers to hire additional Temporary Foreign Workers for genuine job offers during REP; and
  a Job Bank designation that shows their recognized status to improve interest from prospective workers.

Note that Global Talent Stream occupations from the current labour market conditions assessment by COPS have been removed from the REP as they already benefited from expedited LMIA processing.

EDSC will be offering technical briefings to stakeholders to provide more information about REP and the application process. Further details will be made available soon. Please visit this website for more information.