{"id":9446,"date":"2024-08-28T16:06:35","date_gmt":"2024-08-28T23:06:35","guid":{"rendered":"https:\/\/heronlaw.ca\/foreign-workers-in-canada-recent-announcements-spell-out-significant-changes\/"},"modified":"2024-08-28T16:06:35","modified_gmt":"2024-08-28T23:06:35","slug":"foreign-workers-in-canada-recent-announcements-spell-out-significant-changes","status":"publish","type":"post","link":"https:\/\/heronlaw.ca\/zh-hans\/foreign-workers-in-canada-recent-announcements-spell-out-significant-changes\/","title":{"rendered":"Foreign Workers in Canada: Recent Announcements Spell Out Significant Changes"},"content":{"rendered":"\n
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By Laura Schemitsch, Canadian Immigration and Refugee Lawyer & Karina Juma, Articling Student, Heron Law Offices<\/em><\/figcaption><\/figure>\n\n\n\n

If you have been paying attention to immigration trends in Canada over the past few years, you would have noticed the winds of change were already blowing in fall 2023. At the beginning of 2024, the Government of Canada implemented \u201ctemporary measures<\/a>\u201d to restrict the international student program, including more than doubling the minimum proof of funds required. These major changes hinted at upcoming changes for Canada\u2019s temporary residents including foreign workers.<\/p>\n\n\n\n

In March 2024, Randy Boissonnault, Minister of Employment, Workforce Development and Official Languages, announced that new Labour Market Impact Assessments (LMIAs) would be valid for six months down from 12 months and employers would have a reduced cap on the percentage of foreign workers in their total workforce of 20%, down from 30%. Fast forward to August 6, 2024, when Minister Boissonnault announced<\/a> \u201cnew measures to address fraud in Canada\u2019s Temporary Foreign Worker Program\u201d (TFWP). In this announcement, Minister Boissonnault outlined actions being \u201cimplemented to reduce the use of temporary foreign workers in Canada.\u201d<\/p>\n\n\n\n

On August 26, 2024, Minister Boissonnault announced<\/a> significant changes to the Low-Wage LMIA stream that goes into effect on September 26, 2024. It is now quite clear that foreign workers are the next group of temporary residents to be scapegoated by the Government as it attempts to cater to shifting public opinion that has become increasingly anti-immigrant due to an ongoing housing and cost of living crisis, despite the reality that Canada needs immigration in order to offset its aging population.<\/p>\n\n\n\n

What is the TFWP? Why does an employer need an LMIA?<\/strong><\/p>\n\n\n\n

In order for a foreign worker to obtain a work permit under the TFWP, an employer first needs a positive Labour Market Impact Assessment (\u201cLMIA\u201d) from Employment and Social Development Canada (ESDC). According to ESDC, the TFWP allows Canadian employers to hire foreign workers to fill temporary jobs when qualified Canadians and permanent residents are not available. LMIAs are regulated in accordance with the Immigration and Refugee Protection Act<\/em> (\u2018Act\u2019) and the Immigration and Refugee Protection Regulations<\/em> (\u2018Regulations\u2019).<\/p>\n\n\n\n

The LMIA process can be complex, costly to the employer, and lengthy, and there is no guarantee of success however there are certainly good and bad actors currently using the system.<\/p>\n\n\n\n

What is a Low Wage LMIA and What Has Changed?<\/strong><\/p>\n\n\n\n

Whether an employer needs a high or low wage LMIA is determined on the province where the employer is operating and the hourly wage of the position. If the hourly wage being offered to the foreign worker is below the median<\/a> provincial wage then the employer will apply under the low wage<\/a> LMIA stream. There are specific differences between the low wage and high wage LMIA streams. Starting September 26, 2024, certain LMIA applications submitted for the low-wage stream will be affected by the following tightening measures:<\/p>\n\n\n\n