CIMM – Temporary Foreign Workers: Permits, Processing, Facilitation – March 3, 2022

Key Messages

• Temporary foreign workers (TFWs) play a vital role in critical sectors of the Canadian economy and society, including in agriculture, food processing and healthcare. Their contributions have become even more apparent during the COVID-19 pandemic.
• Protection of TFWs in Canada is a priority. The Government is working with provincial/territorial, industry and not-for-profit partners to ensure these workers have access to services and that health and safety protocols are followed in their workplaces.
• Immigration, Refugees and Citizenship Canada (IRCC) worked to facilitate the arrival of TFWs through pandemic-related border restrictions to ensure that they could continue to enter to work, including those in critical industries such as health care, agriculture and transportation.
• We also continue to support workers already in Canada. For example, we introduced special measures to allow those who lost their jobs to start work with a new employer quickly once they have found a new job, and to allow visitors who have a job offer to apply for a work permit without having to leave the country.
• Work permit processing timelines have improved significantly since the onset of the pandemic. The Department is working towards achieving the two-month processing commitment for clients abroad and is meeting its four-month processing standard for applications from within Canada.

Supplementary Messages

• TFWs play a vital role in our economy by helping employers fill jobs when no Canadians or permanent residents are available, and by bringing skills and expertise to companies seeking a competitive advantage.
• Work permits are demand-driven; there are no set levels or limits on the number of TFWs admitted to Canada in a given year since they are meant to fill existing and emerging labour and skills shortages.
• Work permit applications submitted within Canada are now being processed within the established four-month timeline and the Department is working to improve processing timelines for applications made overseas, which currently stands at 106 days instead of the 60-day service standard.

Pathways to permanent residence

• The Temporary Resident Pathway to Permanent Residence limited-time pathway was very well received and saw over 91,000 applications submitted to the Department prior to its closure on November 5, 2021. For the three intake-capped general streams:
  • over 7,100 applications were accepted for the temporary workers in health care stream;
  • 30,000 applications were received for the temporary workers in other selected essential occupations stream; and,
  • over 47,000 applications were received for the international students who graduated from a Canadian institution stream.
• To promote Canada’s official languages, three additional streams without intake caps were dedicated to French-speaking and bilingual candidates, with over 7,000 applications received in the same categories noted above.
• From January 2021 to January 31, 2022, over 30,000 individuals received permanent residence through this temporary pathway to permanent residence.
• This pathway complemented existing pathways, including the Agri-Food Pilot, launched on May 15, 2020, which offers pathways to workers in the agriculture and agri-food sectors. Other programs include the Rural and Northern Immigration Pilot, the Atlantic Immigration Program and the Provincial Nominee Program.

Worker safety and rights (protection of vulnerable workers, agricultural)

• Foreign workers have the same rights to workplace protections under federal, provincial and territorial employment standards and collective agreements as Canadians and permanent residents.
• In April 2020, changes were made to the employer compliance regimes due to COVID-19 to better protect TFWs.
• Employers subject to the TFW Program and International Mobility Program (IMP) employer compliance regimes are now required by regulation to not prevent TFW from meeting the requirements under the Quarantine Act or any provincial legislation that governs public health in response to COVID-19. Employers are also required to pay wages to TFWs who must quarantine upon arrival in Canada to prevent workers from being left destitute. Additionally, penalties have increased for employers who do not cooperate with inspections.
• Employers who hire TFWs through the TFWP and provide accommodations for the workers (e.g. agriculture workers) must also do the following:
  • During the quarantine period, provide accommodations that are separate from those not in quarantine and must provide cleaning products for the purpose of cleaning/disinfecting the accommodations regularly; and
  • Provide a separate bedroom and bathroom for any foreign national to isolate if they become infected or develop symptoms of COVID-19.
• TFWs who are experiencing abuse – or at risk of abuse – in their jobs can apply to the Open Work Permit for Vulnerable Workers. This program helps workers quickly exit situations of workplace abuse and find a new job without compromising their authorization to work in Canada. This open work permit is temporary and non-renewable. It is generally issued for 12 months, which should give workers enough time to find new employment and apply for another work permit if they want to stay in Canada.

Global Skills Strategy

• The Global Skills Strategy was launched in June 2017 to allow companies to access the top talent they need by getting highly skilled workers into our country faster.
• From the launch to January 2021, over 90,000 high-skilled workers have been approved for work permits in occupations such as computer programming, information system analysis and software engineering. Spouses can also accompany these workers and are eligible to apply for work permits to pursue their own careers if they choose.
• More workers are deciding to stay in Canada with more than 10,300 workers (principal applicants only) having made the transition to permanent residence by end of 2021.
• While COVID-19 has affected work permit processing, the Department has implemented measures to help return to the two-week standard for routine, straight-forward cases.

Facilitative measures for temporary foreign workers in Canada

• For TFWs who were already in Canada at the onset of the pandemic, the Department introduced measures to mitigate disruptions to client services and source country border closures. These include public policies that:
  • Allow temporary foreign workers in Canada who have lost their job or are changing jobs to start work with the new employer more quickly while their work permit application is processed. This measure remains in effect.
  • Allow visitors in Canada with a valid job offer to apply for a work permit without having to leave Canada, and to allow former work permit holders to begin working before their application is fully processed. This public policy remains in effect until end of February 2023.
• We continue to prioritize the processing of work permit applications in critical sectors like agriculture, transportation and health care, and have put in place measures to facilitate the entry of temporary foreign workers in the film and television industry as well as residential camp counsellors.
• We have also provided an exemption from the requirement to provide biometrics overseas for work permit applicants in key industries, namely: agriculture, agri-food, health care sectors as well as truckers where overseas biometrics collection services are closed. A border services officer retains the discretion to collect biometrics at the port of entry on a case-by-case basis. This exemption is set to expire on March 1, 2022.

Entry and vaccination requirements for TFWs

• Since January 15, 2022, foreign nationals are no longer permitted to enter Canada unvaccinated, with limited exemptions, including agricultural and food processing temporary foreign workers. This exemption recognizes vaccine access challenges for these individuals as well as the important economic and food supply role they play. They remain subject to testing and quarantine measures where applicable.
• Foreign nationals who remain eligible to enter Canada unvaccinated after January 15, are permitted onward domestic travel within 24 hours of their original departure flight to Canada so that they can reach their final destination, but stringent health and safety protocols remain in place.
• Unvaccinated foreign nationals in Canada will be permitted to exit Canada on a departing flight until February 28, 2022, provided they have a negative PCR test.

Quebec [Quebec has requested greater control (i.e., devolution) over the Temporary Foreign Worker Program]

• While the TFW Program is largely administered by the federal government, Quebec has a distinct role in this program. Under the 1991 Canada-Quebec Accord, the labour market impact assessment (LMIA) is jointly managed by Employment and Social Development Canada (ESDC) and Quebec’s Ministère de l'Immigration, de la Francisation et de l’Intégration (MIFI) for employers seeking authorization to hire temporary foreign workers for jobs in Quebec. Employers seeking to hire temporary foreign workers in Quebec must obtain approval from both ESDC and the MIFI before IRCC can issue a work permit.
• Temporary workers coming to Quebec, as part of the IMP, do not need to obtain approval from Quebec before IRCC can issue a work permit since no labour market impact assessment is required.
• The Government of Canada continues to collaborate with the Government of Quebec to ensure that the admission of temporary foreign workers under the TFW Program supports labour market needs.
• Since 2018, Quebec has been asking for full authority over the TFW Program, which would, in their view, help address Quebec’s regional labour market needs and employer concerns regarding costs and efficiency of the program, and limit duplication of efforts.
• In August 2021 the Government of Canada and the Government of Quebec expressed an intention to provide Quebec with more flexibility under the IMP and the TFW Program. Planned measures include:
  • raising the cap on low-wage TFWs an employer in Quebec may hire through the TFW Program from 10% to 20%; and,
  • allowing the inclusion of National Occupational Classification (NOC) level C occupations under the simplified process for accessing an LMIA, akin to what is currently in place for NOC level A and B occupations.
• The discussions to carry out these measures are being led by ESDC.
• The Department is also working to implement a new work permit pathway in the IMP that would annually issue up to 7,000 work permits for holders of a Certificat de sélection du Québec (CSQ) who are outside Quebec (in other Canadian provinces or territories or overseas).

Supporting Facts And Figures

• Work permit numbers were impacted by the COVID-19 pandemic. In 2019, the Department issued work permits to 403,545 workers across all sectors in the TFW Program and IMP. In 2020, work permits issuance dropped to approximately 325,655 holders. 
• While the overall number of permits decreased in 2020, IRCC processed significant numbers of work permit extensions demonstrating that the facilitative measures implemented by the Department support workers already in Canada so they can continue to work.
• Work permit numbers are rebounding. Between January and December 31, 2021, approximately 599,300 work permits (new and extensions) were issued under the TFWP and IMP. There were 113,900 work permits issued under the TFWP and 485,400 under the IMP.
  • In January 2022, approximately 55,671 work permits (new and extensions) were issued under the TFWP and IMP. There were 12,593 issued under the TFWP and 43,078 issued under the IMP.
• While the number of work permits issued fluctuated during the pandemic, the arrival of agricultural and food processing workers, critical to Canada’s food production, increased. This is a significant achievement since the arrival of agricultural workers in March through June is critical for Canada’s growing and harvesting seasons. 
• Approximately 65,500 agricultural work permits were issued last year. This represents a 20% increase compared to same period in 2020 and 13% increase compared to 2019. Key source countries are Mexico, Guatemala, Jamaica and ten other Caribbean countries. An additional 3,300 workers support food processing, with workers largely coming from China (fish and seafood) and the Philippines (meat).
  • While agriculture represents a small share of all work permits issued, a lack of workers in this sector severely affects businesses and Canada’s food security.
  • As a result, the Department is prioritizing work permit applications and ESDC requests for labour market impact assessment, for this sector.
  • In January 2022, approximately 8,899 agricultural work permits were issued. Key source countries remain Mexico, Guatemala, and Jamaica.

Background

Canada’s two programs for TFWs

• The Temporary Foreign Worker Program (TFWP) is jointly administered by ESDC and IRCC. The TFWP helps employers who are unable to fill labour market needs where Canadians or permanent residents are not available and includes agricultural workers and other workers who require an LMIA.
  • Employers under the TFWP need an LMIA before they can hire a temporary foreign worker and the worker can apply to IRCC for a work permit.
  • An LMIA is assessed by ESDC and confirms:
    • there is a need for a temporary foreign worker; and
    • no Canadians or permanent residents are available to do the job.
• Approximately 84,205 foreign nationals were issued a work permit in 2020 under the TFWP. Most of these permits were issued to agricultural workers. Other occupations under the TFWP include caregivers and some high-skilled foreign nationals (including graphic designers and computer engineers) under the Global Talent Stream.
• The International Mobility Program (IMP) is administered by the Department and facilitates the entry of foreign nationals under international agreements (e.g. trade agreements), where their employment is deemed to create significant social, economic, or cultural benefit to Canada, or where the work creates reciprocal opportunities for Canadians and permanent residents to work abroad. This program exempts applicants from an LMIA. Approximately 241,405 foreign nationals were issued a work permit in 2020 under the Program. Populations who receive work permits under the IMP include post-graduate work permit program applicants, International Experience Canada participants, spouses of skilled workers and students, and work permits issued pursuant to trade agreements including the Canada-United States-Mexico Trade Agreement.

Administration of TFWPs at the federal level is divided among three departments

• The Department assesses work permit applications made abroad and in Canada as well as renewal requests. Immigration officers ensure that the foreign national meets the requirements for the intended employment position and the relevant category of work permit. The Department is responsible for monitoring employer compliance for employer specific work permits where no LMIA is required. In these instances, compliance inspections are conducted by the Department with the assistance of ESDC for on-site inspections when required. The Department makes the final decision regarding the employer’s compliance.
• ESDC reviews request for LMIAs, considering the terms, conditions and genuineness of the employer’s job offer and the employer’s efforts to recruit Canadians. ESDC is responsible for employer compliance where a LMIA is required.
• The Canada Border Services Agency (CBSA) processes work permit applications at a Canadian border or port of entry. CBSA officers have the final say on whether a foreign worker may enter Canada, subject to legal and regulatory authorities.

Agriculture committee report recommendations

• On February 2, 2022, the House of Commons Standing Committee on Agriculture and Agri-Food retabled (originally tabled May 4, 2021) its report on measures that could be implemented to increase Canada’s capacity to process more of the food it produces domestically and to strengthen local food supply chains.
• The report recommends that the Government of Canada:
  • raise the cap on the proportion of low-wage positions under the TFWP for food processing industries from the current rate of 10%;
  • expand eligibility for the Seasonal Agricultural Worker Program to include food processors; and,
  • consider increasing access to the Agri-Food Pilot to address labour shortages in the agri-food sector.
• The Government of Canada welcomes the Committee’s study and final report and is reviewing the recommendations that have been put forward. The Government will table a formal response following its review.

Committee on Citizenship and Immigration Report

• On June 22, 2021, the Standing Committee on Citizenship and Immigration (CIMM) tabled its report – Immigration Programs to Meet Labour Market Needs.
• Of the 20 recommendations, 14 fall under IRCC’s purview, with the remaining 6 recommendations focused on ESDC’s lines of businesses. CIMM’s recommendations focus on increased facilitation, mobility and protection of TFWs as well as increased access to employers through a “trusted employer” designation. The report urges the Department to offer more accessible pathways to permanent residence and increased the authorized period of work for TFWs. The report also encourages ESDC to increase inspections of working conditions and the percentage of TFWs an employer can hire.
  • The report needs to be re-tabled before the Government can provide a response, given that the process was halted under the caretaker convention due to the 2021 federal election.

Medical support

• Employers under the TFWP hiring agricultural temporary workers, with the exception of the Seasonal Agriculture Worker Program and other low wage jobs under the TFWP, are required (in policy) to provide workers who are not eligible for provincial or territorial health coverage with equivalent private health insurance.
• Employers hiring under the Seasonal Agriculture Worker Program from key countries such as Mexico and Caribbean countries, purchase a package of private life, short-term disability, and health insurance for their workers.
• There is no requirement to provide medical insurance to workers in the IMP although employers may do so in line with any commitments listed in the offer of employment. While the eligibility criteria and waiting periods for provincial and territorial health insurance vary by jurisdiction, some provinces are temporarily extending coverage for COVID-19 related medical services to all residents of their province and waiving the waiting period.

Budget 2021

• Budget 2021 made a commitment to enhance the TFWP by providing funding to ESDC and IRCC totaling $110.7M over three years, as of 2021-2022, with $8.5M allocated to the Department.
• A portion of the funds – $54.9M to ESDC and $2.2M to IRCC – will be used to increase TFWP employer inspections and ensure that temporary foreign workers have appropriate working conditions and wages.
• Part of IRCC’s funding allocation ($6.3M) is dedicated to increase processing speeds and improve the service delivery of open work permits for vulnerable workers, thereby helping those in situations of abuse find a new job. ESDC also received $49.5M to support community-based organizations in the provision of migrant worker-centric programs and services through the Migrant Worker Support Program.

• Processing Times^{Footnote *} for Work Permits and Extensions in 2021, 8 Weeks Rolling in Comparison to Same Period in 2019 and 2020 (in days)

  	Program	2019	2020	2021 (up to December 31)
  WP	IMP	46	248	78
  	TFWP	38	49	51
  WP-EXT	IMP	106	105	112
  	TFWP	110	105	121

  Processing times refer to the time in which 80% of applications were finalized by IRCC, from the application received date to final decision date.

  Processing Times include IEC applications.

  Processing Times should be read as: 80% of applications were processed within XX days.

  Data source: IRCC Cognos (CBR) as of November 2, 2021

• 8 Week Processing Times for Work Permits and Extensions ending on January 31st, 2022

  	Program	2021-22 (up to January 31)
  WP	IMP	118
  	TFWP	49
  WP-EXT	IMP	130
  	TFWP	139

  Processing times refer to the time in which 80% of applications were finalized by IRCC, from the application received date to final decision date.