The Temporary Foreign Worker Program (TFWP) enables employers in Canada to hire foreign workers on a temporary basis to meet short-term skill and labour needs when Canadians or permanent residents are not available, based on a labour market opinion (LMO) rendered by Employment and Social Development Canada. However, foreign nationals can be authorized to work in Canada without requiring an LMO under certain circumstances. The exemptions provide for varied circumstances where the typical program labour market assessment is not applied, in recognition of the “net benefits” that the entry of these foreign nationals brings to Canada, including:

• Canada has a free-trade agreement with the United States and Mexico (NAFTA), and similarly with some other South American countries, which facilitate the movement of professional/high-skilled workers without the need for an LMO. Also, under the aegis of General Agreement on Trade in Services (GATS), a small number of types of professional may enter to work for short periods without an LMO.

• Canada also provides LMO-exempt work permits for intra-company transferees (ICTs) at the senior management and executive level or for ICTs who have specialized knowledge. These workers also do not require an LMO before receiving work permits.

Canada also has agreements with Mexico and several Caribbean countries (Seasonal Agricultural Worker Program) to facilitate the movement of seasonal workers in the agricultural industry.

The entry of temporary foreign workers in Canada is driven largely by employer demand. It is not necessary for Canada to enter into bilateral agreements to allow for the entry of temporary foreign workers. Employers may hire foreign nationals from any country to work in any legal occupation, provided that both the employers and the workers meet the requirements and regulations under Canada’s Immigration and Refugee Protection Act. Recent changes have been made to strengthen the program, including to better align the program with labour market demand.

Canadians and permanent residents should be considered first for available jobs.  The Temporary Foreign Worker Program should only be accessed by employers only when no Canadians are available to fill a particular job(s). Employers who can demonstrate they are making reasonable and sufficient efforts to recruit and train Canadian citizens and permanent residents, and who face genuine temporary labour or skills shortages, will continue to have access to temporary foreign workers until they are able to transition to a Canadian workforce. Transition plans will generally include an employer’s intended activities to attract and retain Canadians, train a new or existing workforce, or support permanent residency for foreign workers.

Further changes are focused on protecting the integrity of the Canadian labour market and protecting foreign workers from abuse and exploitation. On December 31, 2013, regulatory amendments and Ministerial Instructions came into force granting new authorities to impose conditions on employers, conduct inspections to verify compliance with conditions, and impose consequences for not meeting conditions.