By
Pace Law

Shortsighted: Killing the Temporary Foreign Worker Program

September 17, 2014

US and Canadian Immigration lawyer Andy Semotiuk: I see that the Temporary Foreign Worker Program (TFWP) is back in the news:

Applications for temporary foreign workers have dropped by three-quarters following the new rules introduced by the federal government in June, says Employment Minister Jason Kenney.

“We announced a fundamental sweep of reforms to the Temporary Foreign Worker Program earlier this year to ensure that it is used as a last and limited resort and that Canadians always come first in the workforce.

“Since those reforms were announced we’ve seen a 75 per cent reduction in the number of applications in temporary foreign workers on the part of employers,” Kenney said during question period on Tuesday.

Alexis Conrad, the director general for the Temporary Foreign Worker Program, says the reforms are proving to be successful.

“The number of applications received in July and August 2014 is approximately 74 per cent lower than those received over the same time period in 2012,” said Conrad in an email to CBC News.

If there is any reason to wonder why the number has dropped so sharply, attempting to file a foreign worker application will surely enlighten you. The new Labour Market Impact Assessment (LMIA) is a brute. The monstrous effort required to complete it, and the effort the employer needs to do so, is out of whack with reality.
The government has felt the pressure from Canadian unions and disgruntled workers who would prefer that the TFWP be cancelled altogether. These workers see the program as handing out Canadian jobs to foreigners at the expense of Canadians who are lined up to take the jobs. I disagree.
To put it plainly, the LMIA system is like telling you that you can only vacation abroad if you can demonstrably prove there are no Canadian resorts that can serve your needs. The rationale is similar – why allow money to go overseas when there are Canadian resorts who need the business? Need a beach? We have beaches. Need a ski slope? See you in Whistler.
To use another example, it is like telling you that you cannot purchase goods outside Canada until you can demonstrably show that there are no such suppliers in Canada. After all, shouldn’t we protect Canadian suppliers? Let’s have you fill out a form proving you couldn’t find that toaster at the mall in Niagara Falls instead of in Buffalo.
For decades, temporary foreign workers have needed permission to come to work in Canada. The system was already vetting them well. But now we have almost completely restricted the rights of employers to engage who they want.
Let employers confirm that a) the foreign workers they want are bringing skills that are in short supply in their geographic area and b) that they could not find local talent after a reasonable effort.

This need not involve a massive blizzard of paperwork which eventually chokes the program to death. But that was probably the point of the policy change all along, wasn’t it?

Andy Semotiuk is a Canadian and US immigration lawyer with immigration law firm Pace Immigration. You can learn more about Andy at My Work Visa.

Share This Post
Email
Facebook
LinkedIn
Twitter
Trending Posts
Read More Insights
Wills And Estates
By
Angela Barrientos
A will is a legal document that clearly states how a person’s property and belongings will be divided after their passing.
Immigration
By
Angela Barrientos
Since its introduction in 2013, the program has been a huge success in assisting Canada in luring and keeping outstanding entrepreneurs who can contribute to the expansion and prosperity of the country’s economy.
Corporate and Personal Law
By
Angela Barrientos
In 2022 the Government of Canada passed new amendments that expanded the Scope of the Competition Act. In this article, we look back on some of the changes that took place.
Corporate and Personal Law
By
Angela Barrientos
The term “mergers and acquisitions,” also known as M&A, refers to the merging of businesses or their essential business assets via business-to-business monetary operations.
Wills And Estates
By
Angela Barrientos
A will is a written statement that represents you after death. It specifies how you intend on allocating your assets and property.
Events
By
Pace Law
Pace Law Firm is always looking to expand our business and elevate it to the next level. On Thursday November 24th, Pace Law Firm attended the Canadian Mortgage Summit (CMS) to hear from the industry’s top mortgage brokers, lenders and solution providers.

Get in Touch

Call us now or fill out the form to discuss your case with an experienced legal professional.

Our Locations

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Scroll to Top