Recognized Employer Pilot
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
In these instructions, the term “officer” refers to employees of both Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA).
These instructions should be reviewed in conjunction with
- Labour market impact assessments
- Labour market impact assessment review
- Seasonal Agricultural Worker Program program delivery instructions
On August 8, 2023, the Minister of Employment, Workforce Development and Official Languages announced the implementation of the Recognized Employer Pilot (REP) as part of the labour market impact assessment (LMIA) process. Employment and Social Development Canada (ESDC) and Service Canada stopped accepting REP applications on September 16, 2024. The REP was rolled out on September 12, 2023, and is scheduled to conclude in fall 2026.
The REP offers a streamlined application process for employers who frequently use the Temporary Foreign Worker Program to fill positions identified on the REP occupations list. This list of occupations designated for the REP is based on the National Occupational Classification (NOC) codes deemed to be in shortage.
Recognized employers enrolled in the REP can receive an LMIA that is valid for up to 36 months, thereby giving employers more time to use their LMIAs to fill their labour needs. LMIAs approved under the REP also allow employers to plan and apply for positions that address their labour needs over a 3-year period ending on December 31, 2026. The total number of positions approved can be broken down by year for a total period of 3 years, and this breakdown is recorded and shared in the ESDC Comments. However, the breakdown of positions per year is not restrictive, which means that employers have the option to adjust their yearly allocation based on their labour needs, as long as they do not exceed the total number of positions approved.
REP LMIAs may be issued under any of the following streams:
- permanent resident
- low-wage
- high-wage
- primary agriculture (agricultural stream and the Seasonal Agricultural Worker Program)
- caregiver
Global Talent Stream occupations already benefit from priority services and are not included in the REP.
On this page
- Application assessment
- Processing applications in the Global Case Management System (GCMS)
- Decision
- Refusal
- Related links
Application assessment
ESDC verifies that the employer meets the highest standards for working and living conditions and worker protection, and ensures that the employment of a foreign national will have a positive or neutral effect on the labour market in Canada.
Officers (from IRCC and CBSA) will then assess the work permit application to determine the eligibility of the foreign national to work in Canada. Officers must be satisfied that all eligibility and admissibility requirements are met when they decide on a work permit application. Additionally, when assessing whether the applicant meets the requirements of the occupation they are applying for, officers should review the LMIA and the offer of employment to determine whether the applicant can perform the work sought in Canada.
Labour market impact assessment
Under the Employment Details tab, GCMS displays all LMIA information related to these fields:
- LMIA Stream
- LMIA Validity Period: Date by which applications for work permits must be submitted
- Employer Information: Legal business name and business address of the employer
- NOC Code and Title: NOC code and title as stated in the NOC, which is determined by ESDC and based on the information in the LMIA application
- Job Title: Title of position as stated by the employer
- Number of Positions: Total number of people the LMIA covers, the yearly breakdown (if applicable for REP) and the total number of work permits to be issued within the validity period of the LMIA (up to 36 months for REP)
- Education Requirements
- Language Requirements
- Duration of Employment: Length of time corresponding to the length of the work permit
- Location of Employment: Physical address of the employment
- Hours of work per day/week
- Requirements
- ESDC Comments: ESDC uses this field to provide notes or comments to IRCC
- All REP LMIAs will be identified with the following text: Text: (Stream) REP. Total TFWs = XX: XX for 2024, XX for 2025, XX for 2026
- This is where the LMIA is identified as part of the REP, and the yearly breakdown of positions (if applicable) is recorded
- Officers processing work permit applications should review any text in this field for any updates, such as changes in worker names, typos in names, clarification in employment duration
- All REP LMIAs will be identified with the following text: Text: (Stream) REP. Total TFWs = XX: XX for 2024, XX for 2025, XX for 2026
Work permit applications submitted under the Seasonal Agricultural Worker Program (SAWP) do not need the names of the foreign workers listed in the LMIA. However, applications submitted under other LMIA-required streams do require a list of worker names.
If the province of destination is Quebec, the workers must first obtain the consent of Quebec’s Minister of Immigration, Francisation and Integration (MIFI) to enter Quebec and accept temporary employment in that province. This consent is granted through the issuance of a Quebec Acceptance Certificate (CAQ).
Important: To see the most up-to-date information related to that LMIA, processing officers must refresh the LMIA GCMS screen each time the LMIA information is reviewed, paying particular attention to the ESDC Comments section
Processing applications in the Global Case Management System (GCMS)
Overview
Officers should issue the work permit for the duration of employment specified in the LMIA, taking into consideration the validity of the passport and other statutory requirements. An approved LMIA will display the names of the workers (except the LMIA submitted under the SAWP).
The number of work permits issued must not exceed the number of positions identified in the LMIA. Issuing more work permits than the number of positions available would exceed the assessed labour need.
Used versus available LMIA positions
The breakdown of the number of positions over 3 years approved under REP (if applicable) will be available in the ESDC Comments section of the LMIA tab under the Employment Details section in GCMS.
GCMS displays the total number of positions approved for the 3 years of the LMIA under the Employment Details tab in the “# of positions” field. For example, if the employer was approved for a total of 12 positions in a 3-year period (2024, 2025, 2026) the employer could have a breakdown of positions as follows: 4/4/4 or 5/3/4 or 3/6/3, etc. This breakdown would be entered manually by ESDC and reflected in the ESDC Comments section of the LMIA tab. The breakdown of positions is not fixed, which means that employers have the option to increase or decrease their yearly allocated positions based on their labour needs, as long as they do not exceed the total number of positions approved. Unused positions can be carried forward to the next years provided that the employer does not exceed the total number of positions approved by ESDC for that LMIA.
For example, if the LMIA has 5 total positions and 5 work permits have been issued, then the employer has met their labour needs in accordance with the approved LMIA. If they issued more work permits than the number of positions available, they would have exceeded the assessed labour need.
Work permit issuance in the Global Case Management System (GCMS)
Information in the system and in the approved work permit must match the information found in the Employment Details tab - LMIA view of GCMS. Officers must always refresh the screen to view the latest LMIA information before approving an application.
For work permit issuance, the maximum employment duration applicable to the existing program streams will remain in effect (a maximum of 8 months for SAWP, 2 years for the low-wage stream and 3 years for the high-wage stream).
Field | Selection or input |
---|---|
Case type | 53 (non-SAWP) 98 (SAWP) |
Province of destination | The province of destination is uploaded automatically from the work permit application form. Officers should ensure that the province matches the location of employment in the LMIA view. |
City of destination | The city of destination is uploaded automatically from the work permit application form. Officers should ensure that the city matches the location of employment in the LMIA view. |
NOC | Manually enter the NOC from the Employment Details - LMIA tab. |
Intended occupation | The job title is uploaded automatically from the work permit application form. Officers should ensure that the job title matches the job title in the Employment Details - LMIA tab. |
LMIA # | The LMIA number is uploaded from the application form or manually from the LMIA approval letter provided by the applicant. |
LMIA Decision | Note to officers: Check the decision (to ensure it’s positive), the decision date and the valid-to date (which could be for a period of up to 3 years). |
ESDC Comments (Template) | Stream: SAWP, agricultural, high-wage, low-wage, etc. REP Multiple TFW Entries for LMIA #: xxxxxxx |
If destination is Quebec | CAQ “valid-to date” also needs to be populated. It cannot be left blank. For SAWP only: The CAQ validity date is set by default to December 15 of each year regardless of full LMIA validity. |
Employer | As stated in the LMIA For SAWP only: The Employer field must remain blank |
Duration | The duration of employment stated in the LMIA, unless the passport or biometrics expire before that date Officers must also check the ESDC Comments field for any specific dates for the period of employment. |
User remarks (Mandatory) | Authorized to work for maximum accumulated period of work not to exceed X days or months |
Available positions under the Seasonal Agricultural Worker Program (SAWP)
Special attention needs to be given to applications under the Seasonal Agricultural Worker Program (SAWP) due to the LMIA being unnamed. There is a greater risk of exceeding the number of positions assigned to the REP LMIA since there are no names attached to the available positions. For SAWP applications, the matching of LMIA spots or positions available with the number of workers is done at a later stage. This matching is done based on the number of LMIA positions and applications submitted, once the eligibility has been determined and the application is ready for approval.
For SAWP applications, officers must consult the contract or job offer to determine which season the foreign national is applying to as a temporary foreign worker. Additionally, officers need to check which year of the REP LMIA the application is for.
For example, a worker might be returning for the second year as a SAWP worker. In this case, the LMIA details may be the same as the first year, but the job offer will be different because it will be showing the employment duration and end date for the second season or year.
The end of the employment contract for workers in the SAWP is December 15. With the REP LMIA, this remains the same unless the passport or biometrics of the worker expires before that date. The SAWP LMIA duration is always set to December 15. With a REP LMIA, recognized employers can benefit from validity periods of up to 36 months for an LMIA. Officers are instructed to issue the work permit until December 15 of that year even if the LMIA is valid for a total period of 3 years.
Only SAWP applications can have unnamed LMIAs. For non-SAWP applications, if there is no name identified on the LMIA, officers must send an email to NC-TFWP_PTET-INBOX@hrsdc-rhdcc.gc.ca to notify ESDC.
Decision
Port of entry (POE)
Officers should be aware that under subsection 198(2) of the Immigration and Refugee Protection Regulations (IRPR), foreign nationals cannot apply at the port of entry (POE) if they are applying for the SAWP.
Note: Applicants named in LMIAs that are approved in other regular agricultural streams can apply at the POE if they meet all other relevant criteria.
Foreign nationals who have applied to IRCC and have been provisionally approved should present their letter of introduction issued by IRCC to the border services officer (BSO) on arrival at the POE.
BSOs are requested to review the notes tab in the work permit (GCMS) for any specific IRCC instructions.
SAWP applications: BSOs are reminded that under subsection R198(2), foreign nationals cannot apply at the POE if they are applying under the SAWP.
If an application is made on entry, the BSO must not accept or approve a SAWP work permit application. They should refer the applicant to IRCC.
Reminder: If an application is made at the POE under the SAWP (even though the application can’t be made on entry), the BSO may allow the foreign national into Canada as a temporary resident (with no authority to work). However, first the BSO needs to be satisfied that the foreign national is admissible to Canada and will comply with all imposed temporary resident conditions, including “Unless authorized, prohibited from engaging in employment in Canada”.
For all other “officer options” on entry, refer to the ENF 4 POE Processing Manual.
Note: Applicants named in LMIAs that are approved in other regular agricultural streams can apply at the POE if they meet all other relevant criteria.
Approval - Work permit issuance in the Global Case Management System (GCMS)
Information in the system and in the approved work permit must match the information found in the Employment Details tab - LMIA view in GCMS. Officers must always refresh the screen to view the latest LMIA information before approving an application.
Field | Selection or input |
---|---|
Case type | 53 - LMIA-required work permit 57 - Live-in Caregiver work permit 98 - SAWP |
Special Program | For case type 98, the special program code is SAWP. |
Province of destination | The province of destination is uploaded automatically from the work permit application form. Officers should ensure that the province matches the location of employment in the LMIA view. |
City of destination | The city of destination is uploaded automatically from the work permit application form. Officers should ensure that the city matches the location of employment in the LMIA view. |
NOC | Manually enter the NOC from the Employment Details - LMIA tab. |
Intended occupation | The job title is uploaded automatically from the work permit application form. Officers should ensure that the job title matches the job title in the Employment Details - LMIA tab. |
LMIA # | The LMIA number is uploaded from the application form or manually from the LMIA approval letter provided by the applicant. |
If destination is Quebec | CAQ “valid-to date” also needs to be populated. It cannot be left blank. For SAWP, the CAQ validity date is set by default to December 15 of each year. |
Employer | For SAWP employer only: Ensure that the name of the employer on the work permit remains blank. (The name of the employer should not be on the work permit.) For other streams: Enter the name of the employer as it appears in the LMIA. |
Duration | SAWP work permits should be issued until December 15 of the agricultural season for which they are applying. They should not exceed a maximum duration of employment of 8 months. For other streams: Enter the duration as it appears in the LMIA. |
User remarks (Mandatory) | For SAWP employer only: The applicant must be able to work in all provinces. The period of cumulative work should not exceed the employment duration specified in the LMIA, up to a maximum of 8 months [subparagraph R185(b)(iv)]. |
Officers approving work permits must ensure that correctly coded multiple-entry visas are valid for the same period as the work permit or passport, whichever expires first.
Refusal
Once an officer has assessed that a foreign national meets the eligibility requirements for a work permit (for example, the applicant submitted fees, has a valid passport), they must determine if there are any prohibitions affecting the issuance of the permit.
Subsection R200(3) specifies the situations where an officer must not issue a work permit.
If the officer has reasonable grounds to believe that the foreign national will not be able to perform their duties, the officer must not issue the work permit based on paragraph R200(3)(a).
The officer must assess whether the foreign national meets the job requirements and whether there are any other factors that may prevent the foreign national from being able to perform the duties of the position.
The officer must record their reasons for refusing the work permit, outlining the rationale underlying the decision, as well as the facts and elements considered. For more information, see Decision making: Standard of review and process for making a reasonable decision.
Processing officers should flag any discrepancies they identify between the total number of positions approved on a REP LMIA, the yearly breakdown of positions, or the number of work permits issued to date. Officers can contact ESDC for additional follow-up by sending an email to NC-TFWP_PTET-INBOX@hrsdc-rhdcc.gc.ca.