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Recognized Employer Pilot: Simplifying Recruitment

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by Kathy Watkins

Streamlined Hiring with the Recognized Employer Pilot

Immigration to Canada is excited to share the details of the Recognized Employer Pilot (REP), a new initiative under the Temporary Foreign Worker Program (TFWP) in Canada. Through this pilot, qualified employers can enjoy a faster Labour Market Impact Assessment (LMIA) process, extended validity for approved LMIAs, and additional benefits. Discover more about who can participate, the costs involved, employer obligations, and much more below. 

Recognized Employer Pilot

Simplified Hiring Process for Canadian Employers

Starting in September 2023, Immigration to Canada introduces the Recognized Employer Pilot (REP), streamlining the hiring process for Canadian employers using the Temporary Foreign Worker Program (TFWP). This new initiative aids employers who regularly fill high-demand positions from the REP job list and adhere to exceptional standards for employee living and working conditions.

Employers distinguished under this pilot can enjoy benefits such as a validity period of up to 36 months. Moreover, the process for obtaining a Labour Market Impact Assessment (LMIA) is made easier through the LMIA Online Portal. While the portal is the preferred application method, exemptions can be requested if its use isn’t possible.

The REP is designed for administrative efficiency, aiming to provide:

Eligible Jobs for the Regional Employment Program (REP)

The Immigration to Canada company offers a Regional Employment Program (REP) that unfolds in two distinct phases. The phase you apply for depends on the job you’re targeting in Canada. Starting in September 2023, phase one accommodates five specific professions. In January 2024, phase two will broaden the list of qualifying jobs.

Employer Eligibility for REP

When you apply for the Recognized Employer Program (REP), your Labor Market Impact Assessment (LMIA) application will be carefully evaluated by Service Canada to determine if you qualify for the REP.

You may qualify for the REP if:

Even if you meet the above qualifications, you might still Eligibility Criteria for the REP Program

When submitting your Labor Market Impact Assessment (LMIA) application for the Recruitment Excellence Program (REP), Immigration to Canada’s team will conduct a detailed review to determine your eligibility.

To qualify for the REP, you must meet the following criteria:

Even if you meet these criteria, certain factors may still make you ineligible for the REP, such as:

There is no need to provide additional documentation when applying for the REP. When you submit your LMIA application, you can choose to apply for the REP at the same time. Your eligibility will be evaluated based on your previous participation in the TFWP.

Recognized Employer Pilot

Employer Requirements for the REP Pilot

Participation Criteria for Employers

Employers interested in participating in the REP pilot program must satisfy all requirements specified for the Temporary Foreign Worker Program (TFWP).

Recruitment Costs for Employers

Recruiting temporary foreign workers can involve various expenses, such as: 

As an employer, it’s your responsibility to ensure that neither you nor anyone acting on your behalf charges or recovers any recruitment fees from the foreign workers, whether directly or indirectly. Non-compliance can result in a negative Labor Market Impact Assessment (LMIA).

If applying through a third-party representative, ensure all relevant sections of the application are completed. For more information on using a recruiter for the TFWP, click here.

Ensuring Business Legitimacy

To join the REP pilot and TFWP, employers must provide documentation proving that their business and job offers are valid.

Recruitment and Advertising Guidelines

Before applying for the REP, employers must meet the specified advertising and recruitment standards for the TFWP stream they are applying to.

The application process requires employers to prioritize hiring Canadians and permanent residents before offering positions to temporary foreign workers. You must continue your recruitment efforts until the positions are filled and provide details of all recruitment activities undertaken as part of your application.

Essential Guidelines for Hiring Temporary Foreign Workers

Transition Plans for Hiring

For employers looking to bring in Temporary Foreign Workers (TFWs) for high-wage positions, developing a transition plan is an essential requirement. This plan should cover the entire duration of the TFW’s employment and demonstrate your commitment to finding, keeping, and training Canadian citizens and permanent residents, ultimately aiming to lessen reliance on the Temporary Foreign Worker Program. If this is your first time creating a transition plan, make sure to include one in the relevant section of the LMIA application form for high-wage roles.

For those who have previously submitted a transition plan for the same position and location, it’s important to update the outcomes of your past commitments. This will help assess how well the planned activities have been implemented.

Certain roles might be exempt from advertising requirements.

Limits on Low-Wage Workers

As of April 30, 2022, employers hiring for low-wage positions are subject to a cap, allowing a maximum of 20% TFWs at a single work location. This limit ensures job opportunities prioritize Canadians and permanent residents.

In some industries and roles, a higher cap of 30% may apply for low-wage roles at specific locations.

Exemptions from these caps may apply for certain industries and job positions.

Health Insurance Requirements

In provinces and territories where it is applicable, employers need to arrange and pay for private health insurance for TFWs. The coverage, which must include emergency medical care, should be in place for any period during the work permit where the TFW does not have access to provincial or territorial health coverage. Particularly for seasonal agricultural workers, contracts should include private health insurance if provincial or territorial coverage is unavailable.

The insurance must start from the TFW’s first workday in Canada, with no costs charged to the worker.

Workplace Safety Obligations

Every TFW, like other Canadian workers, deserves a secure work environment, free from harassment. Employers are required by law to provide workplace safety insurance through the provincial or territorial provider, or a private insurance plan that matches or exceeds local coverage, if permitted.

Ensure the private plan offers similar or better benefits compared to provincial plans, and verify all workers on site are covered under the same insurance. For questions on private plan equivalency, consult the local workplace safety authority.

The insurance coverage should take effect from the TFW’s first workday in Canada, with all costs covered by the employer.

For roles involving pesticides or harmful chemicals, employers must follow regional regulations, providing workers with:

Employment Agreement for Temporary Foreign Workers

At Immigration to Canada, while it’s not mandatory to provide a copy of the employment contract during the LMIA application, you’re committed to offering each Temporary Foreign Worker (TFW) a completed and signed contract on or before their first day of work. A valid employment contract must:

Employers can design their own unique employment contracts, provided all necessary details are included. Primary agriculture employment contract templates can also be used.

Employers are required to keep detailed employment records that demonstrate adherence to the contract throughout the employment period.

Specific requirements exist for employment contracts under the Seasonal Agriculture Worker Pilot sub-stream of the TFWP.

Housing, Language, and Compliance Requirements

For employers in the REP pilot, additional conditions apply regarding the language of work for TFWs, housing standards (especially for agricultural workers), union-related treatment, and document retention.

Monitoring and Evaluation

Employers in the REP program must agree to:

Consequences of Employer Non-Compliance

If employers in the TFWP are found non-compliant with program standards, consequences can include:

Processing Fees for Immigration Applications

At Immigration to Canada, each application for a position under the REP requires a mandatory processing fee of $1,000. This fee is necessary to cover the costs associated with processing your application.

Please note that the processing fee is non-refundable if you decide to withdraw your application, if the application is canceled, or if it receives a negative assessment. Refunds are issued only in cases where the fee has been incorrectly charged.

Temporary Foreign Workers (TFWs) are not allowed to pay or receive reimbursement for this processing fee.

The LMIA processing fee does not apply to positions that:

FAQ
What is the Recognized Employer Pilot and how does it benefit Canadian employers?

The Recognized Employer Pilot is a specialized program designed to streamline the hiring process for Canadian employers who frequently hire temporary foreign workers. By participating in this pilot, employers who have demonstrated compliance with program requirements in the past can benefit from simplified Labour Market Impact Assessment (LMIA) applications for a set duration, often up to three years. This initiative helps reduce administrative burdens, shortens processing times, and improves the efficiency of hiring skilled foreign workers. Employers also gain access to a larger pool of qualified candidates, thereby enhancing their competitiveness in industries facing skill shortages.

How can an employer qualify for the Recognized Employer Pilot program?

To qualify for the Recognized Employer Pilot, Canadian employers must have a history of positive LMIA assessments and demonstrate consistent compliance with the Temporary Foreign Worker Program requirements. This includes adhering to regulations regarding wages, working conditions, and employment standards. Employers must show that their need for foreign workers is ongoing and align their requests with Canada's labor market priorities.

What obligations do employers have once they are part of the Recognized Employer Pilot?

Employers participating in the Recognized Employer Pilot must continue to comply with all relevant Canadian labor laws and the conditions outlined in their LMIAs. This includes paying workers the appropriate wages, ensuring safe working environments, and maintaining accurate employment records. Additionally, recognized employers are required to report any significant changes in their business circumstances that might affect their hiring plans. Regular audits may occur to verify compliance, and failure to meet obligations can result in losing recognized status. Immigration to Canada offers comprehensive support to help employers maintain compliance, providing ongoing assistance with reporting requirements and updates on any changes in immigration laws or policies.

How does Immigration to Canada assist employers in the Recognized Employer Pilot?

Immigration to Canada offers a wide range of services to support employers involved in the Recognized Employer Pilot. Our team provides strategic advice on maintaining compliance with LMIA conditions and Canadian employment standards, ensuring that employers meet the program's criteria. We assist in preparing documentation, track changes in eligibility requirements, and offer guidance through audits or reviews if applicable. Our expert consultants are also available to help manage changes in workforce needs, ensuring smooth transitions and sustained program benefits.

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