The new Recognized Employer Pilot to provide greater protection for foreign workers
In early 2020, COVID-19 outbreaks among migrant farm workers caused produce sections of Canadian grocery stores to become increasingly empty. The workers are hired through Canada’s Temporary Foreign Worker Program, which has been accused of abuse due to unsafe workplaces and living conditions.
The program will be altered in September with a new initiative, Recognized Employer Pilot, to reduce the administrative burden on employers with the highest worker protection level.
The pilot will last three years and help prevent workplace and living conditions from deteriorating. The power imbalance between employers and workers is the root of the problem, which is caused by employer-specific work permits and the tenuous immigration status of workers.
What is the new Recognized Employer Pilot?
On August 8, 2023, the Canadian Government announced the Recognized Employer Pilot (REP) to make it easier for repeat Temporary Foreign Worker Program (TFWP) employers to hire foreign workers.
Employers with at least three positive Labour Market Impact Assessments (LMIAs) in the same occupation over the past five years can participate in REP.
It will be rolled out in two stages:
with the first stage beginning in September 2023 for employers in the Primary Agriculture stream and
the second stage starting in January 2024 for all other industry sectors.
When hiring new workers through the LMIA Online Portal, recognized businesses can benefit from validity periods of up to 36 months and access to a quicker LMIA application. The REP, which is intended to improve administrative efficiency, will include the following features:
Employers will have faster and more predictable access to labour
stronger workers protection, and
more flexibility for the Canadian labour market.
What are the Eligibility Requirements for the new Recognized Employer Pilot?
When an employer applies for the Recognized Employer Pilot (REP), Service Canada will perform an initial, comprehensive assessment of your LMIA application to evaluate your eligibility for the REP. You may be eligible for the REP if you meet the following criteria:
In the last five years, you've received at least three positive Labour Market Impact Assessment (LMIA) decisions to hire temporary foreign workers (TFWs) for positions on the REP occupations list.
You meet the highest standards for working conditions, living settings, and worker protection, as demonstrated by your history with the TFW Program (TFWP), and
you commit to follow the regular TFWP requirements.
To apply for the REP, you are not required to provide additional information. You can apply for REP at the same time that you submit your LMIA. Service Canada will decide whether you're eligible depending on your TFWP history. Even if you are not approved for the REP, you will receive an LMIA decision.
If you’re an employer and looking to get an LMIA or hire a foreign skilled worker for your business get an assessment with Gunness & Associates
The REP is divided into two stages
REP is rolled out in two stages:
the first stage beginning in September 2023 for employers for five specific occupations and
the second stage starting in January 2024 for all other industry sectors.
Occupations list for the first stage of REP
Applications for positions on Employment and Social Development Canada's (ESDC) Phase 1 REP occupations list will be accepted starting in September 2023. These occupations have been evaluated to be in high demand and to have a shortage of domestic labour.
Employers must offer the hourly wage rate at a minimum in occupations with wage floors. Annual wage levels are offered only for illustration purposes. Occupations in the first REP stage are:
Occupations list for the Second stage of REP
Applications for positions on ESDC's Phase 2 REP occupations list will be accepted starting in January 2024. These occupations have been evaluated to be in high demand and to have a shortage of domestic labour.
Employers must offer the hourly wage rate at a minimum in occupations with wage floors. Occupations in the second REP stage
What are the updated LMIA application processing times for 2023?
Based on statistics from all processing centers, the current average LMIA processing times have increased for the Permanent residence Stream, Agricultural stream, and In-home caregivers.
Global Talent Stream - 10 business days (-3 days)
Agricultural stream - 16 business days (+5 days)
Seasonal Agricultural Worker Program - 6 business days (-1 day)
Permanent residence Stream - 60 business days (+6 days)
In-home caregivers – 24 business days (+1 day)
High-wage Stream - 37 business days (-3 days)
Low-wage Stream - 44 business days (-6 days)
Want to know more details about “The new Recognized Employer Pilot to provide greater protection for foreign workers” you can contact one of our immigration specialists at Gunness & Associates.
Tel: (416) 604-2669
Email: info@immigrationmatters.info
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