Employers interested in participating in the Recognized Employer Pilot (REP) must ensure they meet all requirements outlined for the Temporary Foreign Worker Program (TFWP) participants.

Recruitment Fees

When recruiting temporary foreign workers (TFWs), various costs may arise, including:

Fees for engaging a third-party representative
Advertisement expenses
Costs incurred by foreign nationals to seek and secure employment
Expenses for guidance in appointing foreign workers

Employers must ensure that neither they nor any representatives impose or recover recruitment fees from TFWs. Non-compliance will lead to a negative LMIA decision.

Applications submitted with third-party representatives must have all relevant sections completed. For more information on using a recruiter for the TFWP, click here.

Business Legitimacy

All employers seeking to participate in the REP and TFWP must provide documentation verifying that their business and job offers are legitimate.

Recruitment and Advertising

Before applying for the REP, employers must fulfill the required advertising and recruitment criteria for their TFWP stream. This includes prioritizing the hiring of Canadians and permanent residents before offering positions to TFWs. Employers are required to continue recruitment efforts until all job openings are filled and must detail all recruitment activities undertaken as part of the application process.

To learn more about advertising requirements and individual TFWP streams, click here.

Transition Plan

Creating a transition plan is mandatory for hiring TFWs for high-wage roles. This plan should outline your commitment to activities aimed at recruiting, retaining, and training Canadians and permanent residents to reduce future reliance on TFWPs. If you haven’t created a transition plan before, you must include one in the LMIA high-wage position application form.

If you have previously submitted a transition plan for the same position and location, you must provide an update on the outcomes of that plan’s commitments, which will be used to assess implementation.

There are advertising exemptions for certain positions.

Cap on Low-Wage Workers

As of April 30, 2022, all employers recruiting for low-wage positions are subject to a maximum limit of 20% on the number of TFWs they can hire at a specific work location, ensuring priority for Canadians and permanent residents. Certain occupations in specific industries may have a 30% cap on low-wage workers at a specific location. There are also exemptions to this cap for particular occupations and industries.

Health Insurance

In applicable provinces and territories, employers must secure and pay for private health insurance, including emergency medical care, for any time the TFW is not covered by provincial or territorial health insurance. The employment contract for seasonal agriculture workers must include private health insurance for emergency medical care when the TFW isn’t protected by the provincial or territorial health system.

The employer’s insurance should be effective from the TFW’s first day of work in Canada, and these costs cannot be recovered from the TFWs.

To learn more about health care obligations for employers under the TFWP, click here.

Workplace Safety

Like all workers in Canada, TFWs are entitled to a safe and harassment-free workplace. Employers must provide TFWs with protection through the provincial or territorial workplace safety insurance provider, as mandated by law. If provincial or territorial legislation allows for a private insurance plan, ensure that:

The selected plan offers comparable or superior compensation to that provided by the provincial or territorial plan.
Every worker at the site has coverage from the same insurance provider.

The coverage should start on the TFW’s first day of work, and these costs should not be charged to the TFWs.

Employers handling pesticides or hazardous chemicals must comply with provincial/territorial regulations, informing their workers about these substances and providing:

Free protective gear
Relevant training
Required supervision

Employment Agreement

While it is not necessary to provide a copy of the employment contract at the time of the LMIA application, you must ensure that a signed contract is provided to each TFW on or before their first working day. The contract must:

Include details consistent with the job offer regarding profession, salary, and work conditions
Be written in English or French, as preferred by the TFW
Be signed by both the TFW and the employer

Employers can create their own employment contracts as long as they include all required details. The template for primary agriculture employment contracts may also be used.

Employers must maintain comprehensive employment records to demonstrate compliance with the contract throughout the employment duration.

Additional stipulations apply to those in the Seasonal Agriculture Worker Pilot sub-stream of the TFWP.

Housing Inspection, Language of Work, Unionized Positions, and Document Retention

Employers participating in the REP pilot must also meet specific conditions regarding their TFWs’ language of work, housing quality (for agricultural workers), treatment if unionized, and document retention.

To learn more about program conditions and requirements, click here.

Check-in and Review

Recognized employers participating in the REP agree to:

Participate in the current inspection system and undergo random REP verification visits to ensure compliance with TFWP and REP guidelines
Ensure TFWs receive the prevailing wage for their job and location annually
Continue reasonable efforts to employ Canadians or permanent residents, maintaining ongoing recruitment activities until all vacancies are filled
Conduct mandatory inspections of employer-provided accommodations before the arrival of TFWs each season, complying with all relevant housing standards laws

This comprehensive approach helps ensure that the rights and well-being of both Canadian workers and temporary foreign workers are protected.