认可雇主试点项目 Recognized Employer Pilot: Expedite Hiring Under the Temporary Foreign Worker Program
Canada has introduced the Recognized Employer Pilot (REP) as part of the Temporary Foreign Worker Program (TFWP).
Employers who have been found eligible to take part in the new pilot can benefit from a simplified Labour Market Impact Assessment (LMIA) process, longer validity for approved LMIAs, and more. Read on to learn about eligibility, processing fees, employer requirements and more.
If you are an employer looking to hire a foreign worker, please complete our contact form to schedule a consultation with the UtoImmigration Law Firm.
文章内容 Table of Contents
项目概览 Overview
Effective September 2023, the Recognized Employer Pilot (REP) will simplify the process of hiring a temporary foreign worker for Canadian employers who:
- Frequently utilize the Temporary Foreign Worker Program (TFWP) to occupy high-demand roles from the REP job list; and
- Comply with top-tier standards for living and working conditions, including worker safeguards.
Employers recognized under this scheme can benefit from validity periods lasting up to 36 months, and a simplified Labour Market Impact Assessment (LMIA) application process for hiring additional employees via the LMIA Online Portal. An exemption can be requested if applying through the LMIA Online Portal is not feasible. The REP is formed with administrative efficiency in mind and seeks to deliver:
- Faster and more reliable access to employees for employers;
- Enhanced worker safety; and
- Expanded flexibility for the Canadian workforce.
合规雇主资质 Employer Eligibility
When applying for the REP, your LMIA application will be thoroughly reviewed by Service Canada to establish if you are qualified for the REP.
You may be eligible for the REP if:
- You have received at least 3 favourable LMIA decisions over the last 5 years, to hire temporary foreign workers (TFWs) for roles on the REP occupations roster;
- You have a proven track record of meeting the highest parameters for working conditions, living conditions and worker protection through your engagement with the TFWP; and
- You pledge to abide by standard TFWP requirements.
Despite meeting the above eligibility requirements, you may still be deemed unsuitable for the REP if:
- You have received negative LMIA decisions;
- You have been observed as non-compliant;
- serious accusations have been made against you for endangering the health and safety of TFWs;
- You have neglected to fulfil obligations related to inspection check-ins; or
- There exist changes in the labour market that affect the role you aim to fill.
There is no need for extra information when applying for the REP. Upon submitting your LMIA, you can opt to apply for REP concurrently. Eligibility judgment will be based on your prior association with the TFWP.
Eligible employers can benefit from a longer validity time for their approved LMIAs (up to 36 months), and access a simplified LMIA process in the future, when hiring additional workers through the LMIA Online Portal. If you are unable to apply using the online portal you can also request an exemption.
雇主申请要求 Employer Requirements
Employers looking to take part in the REP pilot must ensure that they meet all the employer requirements outlined for participants of the TFWP.
招聘费用 Fees for Recruitment
In the act of recruiting TFWs, various costs and fees may arise, which could include:
- charges for engaging a third-party representative;
- advertisement costs; and
- costs a foreign national might incur to seek and secure employment,
- expenses an employer might bear for guidance or help in appointing foreign nationals.
As an employer, you are obliged to verify and ensure that neither you nor anyone recruiting on your behalf imposes or recovers any recruitment fees, either directly or indirectly, from the TFWs. Failure to adhere to this will lead to a negative LMIA verdict.
Applications made with the use of a third-party representative must have all of the relevant sections completed on their application. To learn more about using a recruiter for the TFWP, click here.
业务合法性 Business Legitimacy
All employers seeking to take part in the REP pilot and the TFWP must provide documents and verification that their business and job offer are legitimate.
招聘及广告 Recruitment and advertising
Before applying for the REP, it is necessary for employers to fulfil the prescribed advertising and recruitment criteria for the respective stream of the TFWP they are applying for.
The protocol demands that you prioritize hiring Canadians and permanent residents before assigning a job to a TFW. You are further obligated to persist with your recruitment and promotion activities until your job openings are duly filled. Additionally, as part of the application process, you will be asked to detail all recruitment endeavors that you have undertaken.
Click here to learn more about advertising requirements and individual streams of the TFWP.
过度计划 Transition Plan
The creation of a transition plan is a compulsory step in hiring TFWs for high-wage roles. The plan should span the length of employment for the TFWP, and express your commitment to activities aimed at recruiting, retaining, and training Canadians and permanent residents, to reduce future dependence on TFWPs. If you’ve not constructed a transition plan before, one should be included as stated in the relevant section of the LMIA high-wage position application form.
Regarding LMIA applicants who have previously submitted a transition plan for a same-position and work location application, you are required to provide an update on the outcomes of your previous plan’s commitments. This information will be utilized in determining if the outlined activities have been implemented. There are also advertising exemptions in place for certain positions.
底薪劳工限制 Cap on low-wage workers
Starting from April 30, 2022, all employers recruiting for low-wage positions, all employers are subject to a maximum limit of 20% is imposed on the TFWs they can hire at a specific work location. This restriction is imposed to ensure that priority is given to Canadians or permanent residents for job opportunities.
Certain occupations in specific industries are also eligible for a 30% cap on low-wage workers are a specific location. Lastly, exemptions to the low-wage worker cap also exist for certain occupations and industries.
健康保险 Health Insurance
In relevant provinces/territories, it is necessary to secure and pay for private health insurance, inclusive of emergency medical care, for any time throughout the work permit period where the TFW is not covered by the respective provincial/territorial health insurance system. Additionally, the employment contract for seasonal agriculture workers in Canada stipulates the inclusion of private health insurance covering emergency medical care for any time that the TFW isn’t under the protection of the applicable provincial or territorial health insurance system.
The insurance acquired by the employer should align with the TFWs’ first workday in Canada and the charges should not be recuperated from the TFWs. To learn more about health care obligations for employers under the TFWP, click here.
工作场所安全 Workplace Safety
Like all other workers in Canada, TFWPs are entitled to a workplace that is safe and free of any kind of harassment. It’s imperative that you provide TFWs that you wish to employ under the TFWP with protection through the provincial or territorial workplace safety insurance provider, as required by law. However, if the provincial or territorial legislation offers employers an opportunity to opt for a private insurance plan, remember to:
- Ensure the selected private plan delivers similar or superior compensation compared to that provided by a province or territory; and
- Confirm that each worker at the worksite has coverage from the same insurance provider.
For inquiries regarding the equivalence of a private insurance plan, reach out to the corresponding provincial or territorial workplace safety authority. The coverage that you’ve secured should reflect the first day the TFW begins their work in Canada, and these costs should not be retrieved from the TFWs.
Employers handling pesticides or potentially harmful chemicals must adhere to provincial/territorial regulations. They need to inform their workers about the usage of these substances and equip their workers with:
- No-cost protective gear;
- Relevant formal and informal training; and
- Supervision as mandated by law.
就业协议 Employment Agreement
While it isn’t necessary to provide a copy of the employment contract at the time of LMIA application, it is essential that you pledge to supply a filled out and signed employment contract to each TFW either on or before their first working day with you. An employment contract needs to:
- Include details pertaining to the same profession, same salary, and work conditions as mentioned in the job offer;
- Be written either in English or French as per the preference of the TFW; and
- Be signed by both the TFW and the employer.
Employers are allowed to create and utilize their unique employment contracts as long as it includes all the required details. The employment contract template for primary agriculture can also be employed.
Employers are obligated to maintain comprehensive employment records that fully prove compliance with the employment contract for the entire duration of the employment. There are additional employment contract stipulations for those in the Seasonal Agriculture Worker Pilot sub-stream of the TFWP.
房屋检查 Housing Inspection/工作语言 Language of Work/工会岗位 Unionized Positions/文件留档 Document rRetention
In addition to these requirements, employers participating in the REP pilot also have to meet specific conditions around their TFW’s language of work, quality of housing (if they are an agriculture worker), treatment if their profession is covered by a union, and the retention of their documents.
To learn more about program conditions and requirements, click here.
登记与审查 Check-in and review
According to the conditions listed previously, recognized employers participating in the REP agree to:
- Engage in the current inspection system and random REP verification visits to ensure compliance with both TFWP and REP guidelines;
- Guarantee that TFWs receive the prevailing wage displayed for the job and the work location where the TFW is engaged, on a yearly basis;
- Persist in making reasonable attempts to employ Canadians or permanent residents, with ongoing recruitment activities from sources of their choice until all vacancies are filled; and
- When relevant, carry out mandatory inspections of employer-furnished accommodations before each season’s arrival of TFWs. Compliance with all provincial, territorial, or municipal laws regarding housing standards is required.
雇主协会 Employer Associations
描述 Description
An employer association can be authorized to advertise on behalf of one or more of its members.
差异 Variation
An employer association advertising for positions on behalf of an employer, or a number of employers, must advertise according to the general advertising requirements for NOC 0, A, B, C and D.
In addition, the following documents must be submitted with the employer’s LMIA application:
- a signed Appointment of Representative form, specifically authorizing the third-party representative to act on their behalf. Service Canada officers may, at their discretion, contact employers directly to confirm the authorization; and
- a report on recruitment efforts, to demonstrate that the position was advertised, and include copies of the advertisements, the number of Canadian or permanent resident applicants, and why the applicants were not hired.
Employer associations, who are conducting advertising for more than one job for the same employer, or are advertising for multiple employers, must ensure that the advertisement includes the wage range for each job and location. The wage range must always include the prevailing wage for the position.
适用 Applicability
All Provinces
娱乐产业 Entertainment Sector
描述 Description
The position is for a specific occupation in the entertainment sector where a worker is often hired for a very limited number of days, in a specific location, and on very short notice (e.g., boxers, bar bands, DJ’s, musicians, singers, film directors and first assistant directors for feature films and commercials, key actors, artists, film or television crew for short productions and commercials, etc.).
差异 Variation
No advertising or recruitment is required.
适用 Applicability
All Provinces
受雇于外籍政府 Hiring by a Foreign Government
描述 Description
The position is with an international organization or the mission of a foreign government, but is not exempt under Section 186 (work permit not required) or Section 204 (business visitor under GATS or CUSMA) of the Immigration and Refugee Protection Regulations.
差异 Variation
In such cases, the international organization or foreign government will have selected the foreign national according to its own process and in light of its own requirements. No advertising or recruitment is required.
适用 Applicability
All Provinces
住家保姆 In-Home Caregiver
描述 Description
Employers hiring in-home caregivers under the TFW Program must follow the same recruitment requirements set out for high-wage occupations or low-wage occupations.
差异 Variation
As part of the job advertisement, employers do not need to list the business address (e.g. home address) as part of the advertisement. However, they should include information regarding the location of work. Employers may not list their full name, but rather can use their first name only or other reasonable identifier.
适用 Applicability
All provinces and territories
On-farm Primary Agriculture (Higher-skilled and Lower-skilled Occupations)
描述 Description
Employers hiring temporary foreign workers to work in on-farm primary agriculture have specific advertising criteria that must be met for:
- higher-skilled positions such as farm managers/supervisors and specialized livestock workers (specifically National Occupational Classification (NOC) codes 8251, 8252, 8253, 8254 and 8256); and
- lower-skilled positions such as general farm workers, nursery and greenhouse workers and harvesting labourers (specifically NOC codes 8431, 8432 and 8611).
差异 Variation
To meet the minimum advertising requirements, employers must advertise on the national Job Bank or its provincial/territorial counterpart in British Columbia, Newfoundland and Labrador, the Northwest Territories, Quebec or Saskatchewan. The advertisement must be posted:
- for a minimum of 14 calendar days starting from the first day the ad appears and is accessible to the general public; and
- during the three-month period prior to the employer applying for a LMIA.
Employers must also conduct recruitment activities consistent with the normal practice for the occupation for a minimum of 14 calendar days. To meet this requirement, employers must choose one or more of the following methods to advertise:
- on recognized Internet employment sites such as Monster, Workopolis;
- in local and regional newspapers, newsletters;
- in ethnic newspapers and Internet sites;
- in local stores, places of worship, community resource centres; or
- in local and regional employment centres.
The advertisement must include the:
- Company operating name;
- Business address;
- Title of position;
- Job duties (for each position, if advertising more than one vacancy);
- Terms of employment;
- Wage;
- Benefits package being offered (if applicable);
- Location of work (local area, city or town);
- Contact information: telephone number, cell phone number, email address, fax number, or mailing address; and
- Skills requirements: Education and Work experience.
Third-party representatives or recruiters can be the main contact for any job advertisements posted on behalf of the employer. However, the advertisement must be listed under the employer’s Canada Revenue Agency business number.
适用 Applicability
All provinces
宗教导师 Religious Instructors
描述 Description
The position is for an instructor in a faith-based independent school (Other Religious Occupations, NOC 4217). This variation only applies to situations where the provincial Ministry of Education delegates to the independent school the ability to establish the qualifications of their instructors based on religion.
差异 Variation
Employers must advertise on the national Job Bank (or provincial equivalent), or conduct similar recruitment activities consistent with the occupation (e.g. advertising in church publications) three months prior to applying for a LMIA.
适用 Applicability
All provinces
季节性农业劳工 Seasonal Agricultural Workers
描述 Description
The position is for a seasonal agricultural worker who will be working in Quebec under the Seasonal Agricultural Worker Program (SAWP).
差异 Variation
Employers must conduct their recruitment efforts as described under Temporary Work Permits for Work in Quebec.
适用 Applicability
Quebec only
专业服务技术员/提供商 Specialized Service Technicians/Providers
描述 Description
When the work requires a specialist having proprietary knowledge and/or experience related to the work to be performed, the duration of the work is limited, and there is no opportunity for Canadians to be trained. Situations to which this variation could apply include (but are not limited to):
- Service required for equipment manufactured outside of Canada and the original equipment manufacturer (OEM) does not have Canadian licensees that can do the work (equipment is generally no longer under warranty, or covered by an after sales agreement); or
- The work to be performed requires someone currently unavailable in Canada, with proprietary knowledge, experience and/or tools from the OEM (or an approved OEM licensee) to perform the work or to oversee and direct Canadians doing the work; or
- Service required for equipment that is so old (no longer in production) that customized parts have to be manufactured / or new parts reconfigured by an OEM approved technician / representative.
差异 Variation
No advertising or recruitment is required.
适用 Applicability
All Provinces
保修工作 Warranty Work
描述 Description
When the work entails installation, inspection or repair of equipment, and the terms of the warranty require the work to be done by skilled workers designated by the manufacturer.
差异 Variation
No advertising or recruitment is required.
适用 Applicability
All Provinces
相关链接 Related Links
- 认可雇主试点项目 Recognized Employer Pilot
- 劳动力市场影响评估批文广告要求 LMIA Advertising Requirements
- 加拿大开放式工作许可 Open Work Permits
- 毕业后工签终极指南 The Ultimate Post-Graduation Work Permit (PGWP) Guide
- 加拿大全球人才计划 Canada Global Talent Stream (GTS)
- 加拿大临时外籍劳工项目 Temporary Foreign Worker Program
- 劳动力市场影响评估批文 Labour Market Impact Assessment (LMIA)
- 跨国公司内部调派 Intra-Company Transfers
- 国际体验计划 International Experience Canada (IEC)
- 配偶开放式工签 Spouse Open Work Permit (SOWP)
- 桥梁开放式工签 Bridging Open Work Permit (BOWP)
- 北美自由贸易协定工作许可 NAFTA Work Permits
- 加拿大-欧盟综合经济与贸易协定工作许可 CETA Work Permits
- 加拿大国际人才流动项目 International Mobility Program (IMP)
- 简化版劳动力市场影响评估（魁北克省）Facilitated LMIA (Quebec)
