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Recognized Employer Pilot phase-two application opening

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada
Operative dateJanuary 8, 2024
CategorySkilled work
Policy toolNew pathway
Affected groupEmployers seeking recognition under rep for positions on the phase-two occupations list, subject to rep eligibility requirements

Policy effect

On January 8, 2024, the Recognized Employer Pilot opened applications to employers for positions on its phase-two occupations list, following the earlier primary-agriculture phase. This expanded access to the existing pilot rather than creating a second set of LMIA benefits. The pilot serves employers that regularly use the Temporary Foreign Worker Program for listed in-demand occupations and meet its standards for working and living conditions and worker protection. Recognized employers can access simplified LMIA applications when hiring additional workers and validity periods of up to 36 months for LMIA applications receiving a positive decision; phase-two application opening did not itself grant recognition or guarantee a positive LMIA.

Conditions and exceptions

Validated condition or limit: Recognized employers can access simplified LMIA applications when hiring additional workers and validity periods of up to 36 months for LMIA applications receiving a positive decision

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… p with provinces and territories to ensure the continued improvement of the program to better support and protect temporary foreign workers. Budget 2023 reaffirmed our commitment to a safe and healthy work environment where employers are held accountable for the treatment of workers by providing $48 million to improve employer compliance. The Government also introduced open work permits for vulnerable workers for temporary foreign workers who are being abused or at risk of being abused in relation to their job in Canada. To better protect workers and address concerns of wage suppression, employers will be required as of January 1, 2024, to annually review temporary foreign workers’ wages to ensure they reflect increases to prevailing wage rates. R.2 - The Government is implementing a three-year Recognized Employer Pilot, under the Temporary Foreign Worker Program, to test streamlined processes, be more responsive lo labour market shortages and to reduce the administrative burden for repeat employers who demonstrate a history of program compliance. The Agri-Food Immigration Pilot provides a pathway to permanent residence for experienced, non-seasonal workers in the agricultural and food processing sector. This Pilot was recently extended until May 2025. Budget 2022 announced a $48.2 million commitment by the Government to implement a new foreign labour program for agriculture and fish processing, tailored to the unique needs of these employers and workers. Consultations with stakeholders on this commitment launched this spring. R.3 - Facilitating transitions from temporary worker to permanent residency is a dominant feature of Canada’s immigration system and the Government has already taken action to expand pathways to permanent residence for temporary foreign workers in the agricultural sector. Specifically, the Government has increased allocations in Provincial Nominee Program immigration streams and introduced the Atlantic Immigration Program, Rural and Northern Immigration Pilot, Agri-Food Immigration Pilot and a new category-based selection stream under express entry. In 2022, more than 105,000 individuals transitioned to permanent residence. R.4 - The Government of Canada acknowledges the report from the United Nations’ Special Rapporteur and we are always open to recommendations to better protect workers, including temporary foreign workers. All workers in Canada deserve safe, healthy, and dignified working conditions. Mistreatment or abuse of temporary foreign workers – or any worker – is unacceptable and can never be tolerated. Ensuring the health and safety of temporary foreign workers and that they are free from any form of abuse while in Canada is a key priority. R.5 - The Government understands the importance of processing applications efficiently to meet labour needs. We are constantly looking for opportunities for how to improve service offerings and client service, and how we can leverage technology to reduce processing times and wait times. The recently published report from the Strategic Immigration Review conducted by Immigration, Refugees and Citizenship Canada (IRCC) affirms the need to offer a more welcoming experience to newcomers, including by reducing processing times. The Government of Canada is working to deliver a pleasant and user-friendly experience that is modern and efficient, fair and transparent, predictable, and timely. Background: The Temporary Foreign Workers (TFW) Program aims to assist employers in filling their temporary skills and labour requirements when qualified Canadians and permanent residents are not available. The TFW Program is jointly administered by Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC). Agricultural employers are the highest volume users of the program. Most TFWs in the sector are hired in low-wage occupations such as general farm workers, industrial butchers and fish plant workers. There are different streams under the TFW Program which have different requirements and rules, but primary agriculture broadly uses the Seasonal Agriculture Worker Program (SAWP) stream, while food and beverage processing uses the low-wage stream. The TFW Program requires employers to obtain a positive or neutral Labour Market Impact Assessment (LMIA) which confirms that the employment of a TFW does not have a negative impact on the Canadian labour market. The two key components required for hiring through the TFW Program are (1) LMIA issued to employers by ESDC and (2) eligibility to receive a work permit as determined by IRCC. Addressing labour shortages: - The Government has committed to developing a sector-specific Agricultural Labour Strategy. - ESDC launched the Workforce Solutions Road Map in April 2022, which temporarily increased the TFW hiring cap to 30% cap for low-wage employers in food manufacturing. However, on March 21, 2024, it was announced that the cap would be adjusted back to 20% as of May 1, 2024. - The SAWP includes a process for the transfer of workers between employers. - Minimum job advertising requirements for all positions in the primary agriculture sector were suspended until June 2024. - The Government is building a stronger workforce by expanding pathways to permanent residency: o Agri-Food Pilot – Launched in 2020 in response to identified, long-term labour shortages for some occupations in meat processing, greenhouse production, and livestock raising industries to allow employers with TFWs that return for year-round work (e.g., at mushrooms farms or some processing facilities) to gain permanent residence. The Agri-Food Pilot was extended for an additional 2 years and will run until May 14, 2025. o Category-Based Selection under Express Entry – In February 2024, new Express Entry rounds were announced to respond to changing economic and labour market needs within Canada. Agriculture and agri-food occupations remain a priority. o Provincial Nominee Program (PNP) – …
Employment and Social Development Canada; Agriculture and Agri-Food CanadaESDC Recognized Employer Pilot overview; AAFC Question Period Note AAFC-2024-QP-00141 received June 7, 2024, REP background paragraph.Open official source
Retrieved from https://www.canada.ca/en/employment-social-development/services/foreign-workers/recognized-employer.html

Review method

Source-based draft with independent Gemini 3.8 Flash verification

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Other Canada changes operative in 2024