What is the Temporary Foreign Worker Program?

author avatar
Asheesh Moosapeta
Published: September 20, 2022

The Temporary Foreign Worker Program (TFWP) is a government program administered by Employment and Social Development Canada (ESDC) and Immigration Refugees and Citizenship Canada (IRCC); to allow companies to hire temporary foreign workers (TFWs) where there is a need for them in the Canadian labour force, and for foreign workers to seek employment with companies in Canada.

The program allows Canadian employers to hire talent from abroad to meet labour shortages within Canada while ensuring that workers in Canada receive first preference for these roles.

The government offers a multitude of different programs (over 100) by which foreign nationals may work in a Canadian company temporarily – these are classified broadly into either the TFWP or the International Mobility Program (IMP). The main difference (among many) between these two programs is the need for a Labour Market Impact Assessment (LMIA) for the TFWP.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm

What is an LMIA?

To successfully work under the TFWP as a foreign worker, one needs to obtain a positive or neutral LMIA, in order to receive a Temporary Work Permit.

The LMIA is Canada’s labour market test. Companies are required to submit an LMIA before hiring a foreign worker, to determine whether there will be a positive or neutral impact on Canada’s labour market, should the employer choose to hire said worker.

Employers should be aware of the requirements that follow the application for an LMIA, including wages, advertisement efforts, exceptions to advertising requirements, and the application process and waiting times for an LMIA.

Completing an LMIA is the first step an employer must undergo when they are looking to hire a foreign worker under the TFWP.

Exemptions to the LMIA

There are also exemptions to the need for an LMIA. For example, jobs that do not fall under the purview of the TFWP; as well as offers to foreign nationals that are done through the IMP, do not require an LMIA. There are also Quebec-specific exemptions and variations to the LMIA.

Specialized Applications

The TFWP also features specialized applications, which employers can apply for, if the TFW’s profession falls under specific categories or if their application/hiring is within the circumstances outlined.

These special professions include:

Specialized applications are additionally relevant in circumstances where TFWs are:

Non-compliant Employers and Foreign Worker’s Rights

Employers must observe a large degree of compliance when hiring a temporary foreign worker. If an employer is found to be non-compliant with the required standards, they can be subject to either, or both a:

  • Monetary penalty
  • A ban from hiring temporary workersx

These non-compliant companies are even listed in a directory on the IRCC website.

Even TFWs are given rights under Canadian law. Among these, an employer must:

  • Pay for the work of a TFW
  • Ensure the workplace is safe for them
  • Give TFWs breaks during the work day, and time off
  • Respect the terms of the written contract

Similarly, an employer cannot:

  • Force a TFW to perform duties that they were not hired or trained to do
  • Force a TFW to work if they are sick or injured
  • Take their passport or work permits away from them
  • Have a TFW deported from Canada, or change their immigration status
  • Make a TFW pay the employer back for fees they paid to hire them

The TFWP provides a pathway for Canadian companies to pick and hire the best and most needed talent from around the world, to help aid and grow their businesses; while simultaneously allowing foreign nationals the opportunity to live, work, and potentially even immigrate fully to Canada.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm

© CIC News All Rights Reserved. Visit CanadaVisa.com to discover your Canadian immigration options.

Share this article
CIC NEWS
See more of the reporting you rely on.
Choose CIC News as a preferred source to see more of our reporting in Google’s Top Stories.
Add CIC News on Google
Select CIC News, then confirm on Google.
Share your voice
Did you find this article helpful?
Thank you for your feedback.
Subscribe to our newsletter
Did you find this article helpful?
Please provide a response
Thank you for your helpful feedback
Please contact us if you would like to share additional feedback, have a question, or would like Canadian immigration assistance.
  • Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
  • Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com
Related articles
Canada releases updated breakdown of Express Entry candidate scores
A large crowd of people walking.
How an immigration officer decides whether your family tree proves you’re a Canadian citizen by descent
A Canadian passport sits ontop of a Canadian citizenship certificate
IRCC relaunches Application Status Tracker for work permit, study permit, and permanent residence applicants
Three friends, smiling, huddled around a laptop.
LMIA processing times trend downward
Group of workers sitting around a table in an office environment.
Top Stories
Can you claim Canadian citizenship by descent through a relative you no longer speak to?
Canada releases updated breakdown of Express Entry candidate scores
Ontario immigration revives regional pathway for Sudbury, Thunder Bay, Nipissing, and Kenora
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Provinces
Ontario immigration revives regional pathway for Sudbury, Thunder Bay, Nipissing, and Kenora
Aerial View of Sudbury in Early Fall Autumn captured from the Minnow Lake area.
British Columbia immigration selects workers in construction, health care, and child care
Aerial shot of Departure Bay in Nanaimo.
Manitoba widens fast track to licensing for internationally trained physicians
Manitoba will receive federal funding for physicians.
Alberta invites priority sector workers and rural job offer holders to apply for provincial nomination
Bow River in Canmore, Alberta, with the Canadian Rockies visible in the back, and the Canmore Engine Bridge in the forefront.
Link copied to clipboard