August 4, 2024
Ongoing changes impact temporary foreign workers
This has been a very tumultuous spring regarding the Temporary Foreign Worker Program (TFWP). There have been several changes since the end of March, some of which have impacted our members.
Just before midnight on Feb. 29, 2024, the Government of Canada adjusted its travel requirements for Mexican citizens, who will now need a visitor visa to travel to Canada unless they meet the following requirements:
- They have held a Canadian visitor visa (temporary resident visa) in the past 10 years or currently hold a valid United States nonimmigrant visa; and
- They are using a valid Mexican passport to fly to Canada or to transit through a Canadian airport to another destination.
Applicants must apply for their work permit outside of Canada. They may not apply for a work permit at a Canadian port of entry. If the work permit application is approved, a visa will automatically be issued. There is no need for a separate visa application. The passport must be sent to a VISA Application Centre to affix the visa counterfoil (sticker) into the passport before any travel to Canada.
These new travel requirements caused delays for members waiting on workers and continues to affect the Labour Market Impact Assessment (LMIA) process.
On March 21, the Government of Canada released information on changes to the TFWP that took effect on May 1:
- New Labour Market Impact Assessments will be valid for six months (a decrease from 12 months) to ensure accurate labour market needs.
- All employers identified in the 2022 Workforce Solutions Road Map (seven selected industries; ornamental horticulture was not included) will have a reduction from 30 per cent to 20 per cent of their total workforce that can come in through the Temporary Foreign Worker Program, under the low wage stream, with an exception for the construction and health care sectors.
- Employers will need to explore every option before applying for an LMIA — including recruiting asylum seekers with valid work permits here in Canada.
These changes came as a surprise as we recently attended a meeting to discuss industry labour needs and concerns with members of the Minister's staff before this release. Nancy Healey, Commissioner for Employers, has already sent follow-up emails to express industry concerns to Brian Hickey, Director General of the TFW program. Nancy has also met with Randy Boissonnault, Minister of Employment, Workforce Development and Official Languages of Canada, and raised our concerns with this release.
There has been a meeting by the government alluding to the development of a new Foreign Worker Program. While this is still at the very high-level end of planning, there is a desire to take the good aspects of the Seasonal Agricultural Worker Program (SAWP) and merge those with existing TFW Programs to create a new program. The government has promised to engage industries that use the program in consultations.
There is still a lot to be worked out and nothing has been finalized yet, which unfortunately leaves very little to report on. There are concerns and unknowns at this time, but CNLA will continue to follow this closely.