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Hire a temporary foreign worker through the Recognized Employer Pilot: Program requirements

Closed: Applications to participate in the Recognized Employer Pilot (REP)

As of September 16, 2024, new applications to participate in the pilot will no longer be accepted. Recognized employers can still access the simplified LMIA. Thank you for your interest in the REP.

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Eligibility

When you apply for the Recognized Employer Pilot (REP), Service Canada will conduct a rigorous, upfront assessment of your Labour Market Impact Assessment (LMIA) application to determine your eligibility for the REP.

You may be eligible for the REP if you received positive LMIAs for positions on the REP occupations list as follows:

You only need to submit an LMIA application to apply for the REP. When you submit your LMIA, you'll have the option to apply for the REP at the same time; no additional information is required. We'll determine whether you're eligible based on your history with the Temporary Foreign Worker Program. If you're not eligible for the REP, you'll still get an LMIA decision. Some types of LMIA applications can't be considered for the REP, such as any kind of Seasonal Agricultural Worker Program (SAWP) transfer.

Once approved to the REP, you'll be able to benefit from longer validity periods of up to 36 months for positions on the REP occupations list. This will allow you to plan and apply for positions that address your labour needs over a 3-year period (until December 31, 2026). A refund won't be provided if the number of positions requested is reduced during the assessment of your labour needs. It's your responsibility to ensure that the number of positions that you request reasonably meets your business needs. Subsequently, you'll have access to a simplified LMIA application to submit your future requirements.

Phase 1

If you're looking to fill positions on the Phase 1 occupations list, you can apply starting in September 2023.

Phase 2

If you're looking to fill positions on the Phase 2 occupations list, you can apply starting in January 2024.

If you're hiring for positions under the low-wage and high-wage streams

You must meet the program requirements for the high-wage and low-wage streams, including paying the prevailing wage based on the work location, and conducting the necessary recruitment and advertisement requirements.

REP duration

Service Canada will stop accepting REP applications on September 16, 2024. However, employers enrolled in the REP can continue to submit requests for positions on the REP occupations list using a simplified LMIA.

The REP is scheduled to conclude on December 31, 2026.

Ineligible employers

If you meet the eligibility criteria listed above, you may still be found ineligible for the REP if:

Employers who haven't employed temporary foreign workers in the 5 years prior to submitting a new LMIA application aren't eligible to participate in the REP.

Commitments

Eligible recognized employers must also commit to the following:

Employer requirements

You must meet Temporary Foreign Worker Program requirements, as well as those for the REP. You must also uphold the conditions and rules set out in the Immigration and Refugee Protection Regulations and the Immigration and Refugee Protection Act regarding hiring a temporary foreign worker.

Employers New: September 18, 2026

An employer is the entity that hires the temporary foreign worker, sets their working conditions and directly pays them. An entity can be:

When assessing a LMIA application, Service Canada determines whether the applicant is the employer by considering factors such as:

Employer-employee relationship

An employer-employee relationship exists when an employer hires a worker, directs their duties and pays them for their work. The employer must make an offer of employment and provide employment for a specified period of time to the temporary foreign workers who will provide labour in return for compensation.

This relationship is further confirmed in the employment agreement that's signed by both parties on or before the first day of work.

This relationship helps ensure that:

Note: Staffing or employment agencies who recruit workers for other businesses aren't considered employers under the Temporary Foreign Worker Program. They can't be approved to hire a temporary foreign worker for other businesses since an employer-employee relationship doesn't exist.

Misclassifying temporary foreign workers as independent contractors

Employers can't classify temporary foreign workers as independent contractors.

Misclassification is non-compliant under the Temporary Foreign Worker Program. It can:

Employers must ensure that a worker's status reflects the employer-employee relationship identified in the approved LMIA and the employment agreement.

Employers won't be approved to hire a temporary foreign worker where an employer-employee relationship doesn't exist.

After receiving an approved LMIA, employers can't:

For more information on misclassification in the trucking sector, consult Misclassification in the Road Transportation Industry: Awareness Kit.

Consequences of misclassifying

Non-compliant employers can face consequences including:

Employers could also be listed on federal or provincial government websites, such as the Labour Program's Public naming of employers for contraventions and violations under the Canada Labour Code and related regulations.

Third-party representatives

Using a third-party representative

Employers can choose to use the services of a third-party representative (paid or unpaid) to act on their behalf when hiring a temporary foreign worker under the Temporary Foreign Worker Program. Employers who use a third-party representative must complete the "Third-party representative information" section of the LMIA application.

Employers must not recover the costs for the services of a paid third-party representative from the temporary foreign worker. The third-party representative also can't demand or recover the processing fee or other costs related to recruiting from the temporary foreign worker.

Employment and Social Development Canada (ESDC)/Service Canada:

For additional information, consult File a complaint against a representative.

Paid third-party representatives

A paid third-party representative must be authorized to collect a fee or to receive any other type of compensation (for example, money, goods or services) to act on your behalf or to advise you in the LMIA application process.

They must be a member in good standing of one of the following:

Employers should verify that a specific third-party representative is authorized to represent them or provide immigration advice.

Unpaid third-party representatives

An unpaid third-party representative can also assist you but isn't authorized to collect a fee or to receive any other type of payment for rendering services.

An unpaid third-party representative can be a:

Recruiters

A recruiter or anybody recruiting for the employer is someone who:

Some provinces and territories have specific requirements for recruiters and recruitment activities. It's your responsibility to ensure you comply with those requirements. As an employer, you're also responsible for the actions of anyone who recruits on your behalf.

Processing fee

You must pay $1,000 for each position requested under the REP to cover the cost of processing your application. There will be no refund if some or all the requested positions aren't approved.

Recruitment fees

There may be a variety of fees and costs incurred in the process of recruiting temporary foreign workers, including, but not limited to:

As an employer, you must confirm and ensure that you or anybody recruiting on your behalf doesn't charge or recover any recruitment fees, directly or indirectly, from the temporary foreign workers. Failure to do so will result in a negative LMIA decision.

Abuse-free workplace and affiliated employers

Employers who have employed a temporary foreign worker in the 5 years prior to submitting a new LMIA application must ensure they have made reasonable efforts to provide a workplace that's free of abuse. For information on the types of abuse and how to report it, see How to report abuse of temporary foreign workers.

A workplace that's free of abuse includes

  1. (a) proactive efforts made to prevent workplace abuse
  2. (b) reactive measures taken to stop abuse

In addition, if you're an affiliate of an employer who is ineligible for the Temporary Foreign Worker Program or in default of any amount payable in respect of an administrative monetary penalty, you also aren't eligible to participate in the REP.

An affiliate includes an employer that's controlled by another employer

  1. (a) 2 employers that are under common control, or
  2. (b) employers that aren't operated at arm's length

Business legitimacy

All employers applying to the Temporary Foreign Worker Program must supply documents along with their LMIA application to demonstrate that their business and job offer are legitimate.

Recruitment and advertisement

Before applying for the REP, employers must meet the minimum recruitment requirements of the stream for which they're submitting an application. You're required to make reasonable efforts to hire Canadians and permanent residents before offering a job to a temporary foreign worker. You'll also be required to continue your recruitment and advertising efforts until your job vacancies are filled. As part of your application, you'll be asked to describe any recruitment efforts conducted.

For more information on the recruitment and advertisement requirements for a particular stream, visit:

Employers who wish to hire foreign workers in specific categories are subject to a variation in the recruitment and advertising requirements. Visit Variations to minimum advertising requirements for more information.

Transition plan (if applicable)

If you're hiring temporary foreign workers in high-wage positions, a transition plan is mandatory. It describes the activities you're agreeing to undertake to recruit, retain and train Canadians and permanent residents and to reduce your reliance on the Temporary Foreign Worker Program.

For more information on the transition plan requirements, consult the High-wage stream section.

Cap on proportion of low-wage positions (if applicable)

If you're hiring temporary foreign workers in low-wage positions, you may be subject to a cap on the proportion of temporary foreign workers that can be hired at a specific work location. The cap is to ensure that Canadians or permanent residents are considered first for available jobs.

For more information, consult the Cap on proportion of low-wage positions section.

Health insurance

In applicable provinces/territories, you must obtain and pay for private health insurance that also covers emergency medical care for any period for the duration of the work permit, during which the temporary foreign worker isn't covered by the applicable provincial/territorial health insurance system. However, the contract for employment in Canada for seasonal agriculture workers includes private health insurance that covers emergency medical care for any period during which the temporary foreign worker isn't covered by the applicable provincial or territorial health insurance system.

The coverage the employer purchases must correspond with the temporary foreign workers' first day of work in Canada and the costs must not be recovered from the temporary foreign workers.

During an employer inspection, a Service Canada inspector will look at the policy coverage. They'll make sure that it hasn't been charged back to the worker, and that it covers at minimum the costs of basic emergency health care for sudden illness or injuries during the period the temporary foreign worker isn't covered by the provincial/territorial health insurance. Some private insurance companies offer more comprehensive plans, but Service Canada will accept a basic plan so long as it ensures that the temporary foreign worker won't have to pay for medical care if they become sick or have an accident while working in Canada.

To demonstrate compliance, the employer must be able to show proof of payment for suitable private health insurance for each temporary foreign worker, as well as the terms of the policy coverage (for example, the details of what's covered).

Workplace safety

You must always ensure that the temporary foreign workers you want to hire under the Temporary Foreign Worker Program are covered by the provincial or territorial workplace safety insurance provider, where required by law. Where the provincial or territorial legislation allows employers the flexibility to opt for a private insurance plan, you must ensure that:

If you're enquiring about private insurance plan equivalency, contact the appropriate provincial or territorial workplace safety authority.

The coverage you purchased must correspond with the first day the temporary foreign worker works in Canada, and the costs must not be recovered from the temporary foreign workers.

Pesticides and chemical use

Employers using pesticides or other hazardous chemical must follow provincial/territorial rules. They must notify workers of pesticide and chemical use and provide workers with:

Housing inspections (if applicable)

Before applying for the REP, you must meet the housing inspection requirement of the stream for which you're submitting an application.

For more information on the housing inspection requirements for a particular stream, visit:

Employment agreement

Although a copy of the employment agreement isn't required at the time of LMIA submission, you must commit to providing a completed and signed employment agreement to each temporary foreign worker on or before their first day of work with you. An employment agreement must:

Employers can develop and use their own employment agreement as long as it contains all the necessary information. You can also use the employment agreement template for primary agriculture.

Employers must maintain complete employment records that fully document compliance with the employment agreement throughout the duration of the employment.

SAWP contract (if applicable)

For the SAWP stream of primary agriculture, employers must use the standard, non-modifiable contract. However, some types of LMIA applications can't be considered for the REP, such as any kind of SAWP transfer.

For more information, consult the SAWP contract section.

Language of work

English or French are the only languages you can identify as a job requirement in your application and job advertisement. However, if another language is essential for the job, you must provide a justification on the application.

Positions with no language requirement

There may be rare cases where a job offer doesn't require any language for the temporary foreign worker. For example, offers of employment related to work in the primary agriculture sector, which doesn't require the ability to communicate in English or French.

For employment that's not in the primary agriculture sector, if there's no language required for the job, you must provide more details on the application, including:

Examples of reasonable measures are:

Unionized positions

If you're applying to hire temporary foreign workers for positions covered under a collective agreement, you must:

The hiring of temporary foreign workers must not affect current nor foreseeable labour disputes at the workplace. During the LMIA assessment, if it's determined that hiring temporary foreign workers is likely to adversely affect the course, the outcome or the settlement of any labour dispute, your LMIA request will be refused.

We recommend that you work actively with union representatives to recruit Canadians and permanent residents.

Employer compliance

As an employer, you must comply with all Temporary Foreign Worker Program requirements for the position you're requesting. Learn about employer compliance and the possible consequences of non-compliance.

REP employers will participate in the existing inspection regime as well as random REP-specific check-ins to assess that they meet both Temporary Foreign Worker Program and REP rules.

Documentation retention

You must keep all documents used to support your application for at least 6 years beginning on the temporary foreign workers first day of work. We may request these documents at any time to verify your past compliance with program conditions.

Check-ins

Employers will be selected at random for REP-specific check-ins. These check-ins will be a verification of the REP commitments, where employers will be required to confirm REP conditions (for example, prevailing wage review, yearly recruitment, working conditions, completed housing inspection reports, etc.) are being met.

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2026-09-18