The Temporary Foreign Worker (TFW) Program is regulated through the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations and is administered in partnership with Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA).
Employers in Canada can hire temporary workers through either the TFW Program or the International Mobility Program (IMP) administered by IRCC. In order to decide under which program they will hire the foreign worker, employers need to determine if they require a Labour Market Impact Assessment (LIMA) or if the position is LMIA exempt. Exemptions from the LMIA process are based on broader economic, cultural or other competitive advantages for Canada; and reciprocal benefits enjoyed by Canadians and permanent residents.
If it is determined that an employer needs an LMIA, they must apply to hire the temporary worker through the TFW Program. Employment and Social Development Canada (ESDC), through its Service Canada processing centres, assesses applications from employers requesting permission to hire temporary foreign workers and conducts LMIAs to determine the likely effect these workers would have on the Canadian labour market.
The Program assesses the impact by looking at available labour market information for the region and the occupation, the employers’ recruitment and advertisement efforts, wages and working conditions, labour shortages and the transfer of skills and knowledge to Canadians. In addition, Service Canada responds to questions about the Program through Employer Contact Centres and via the Internet.
ESDC works closely with IRCC, CBSA and the provinces and territories, through appropriate information sharing agreements, to monitor and share information that has an impact on the integrity of both the TFW Program and the IMP.
Service Canada conducts inspections for the TFW Program and, on behalf of IRCC, for the IMP. In Quebec, the TFW Program is administered in partnership with the Province.
