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Feds Tighten Rules for TFWP

Prime Minister Trudeau announced more changes to the Low Wage Stream of the Temporary Foreign Worker Program (TFWP).

This follows changes recently announced by Minister Boissonnault in a meeting with stakeholders earlier this month.

It was announced that the government will be making significant changes to the Low Wage Stream of the TFWP in Census Metropolitan Areas (CMAs) as defined by Statistics Canada across the country. The following changes to the Low Wage Stream of the TFWP will take effect in four weeks:

  • A refusal to process Labour Market Impact Assessment (LMIA) applications for low-wage jobs in metropolitan areas (using CMA definitions) where the unemployment rate is 6 percent or higher.
  • A return to the pre-pandemic cap of no more than 10 percent of an employer’s low-wage workforce can be temporary foreign workers. This change will take effect in all regions.
  • A reduction in the maximum duration of employment from two years to one year.

Additionally, over the next 90 days, Minister Boissonnault will be undertaking a review of further aspects of the TFWP by focusing on the following:

  • Possible tightening of the High Wage Stream under the TFWP.
  • Possible extension of the announcement to refuse to process changes beyond CMAs.
  • Eliminating the inventory of valid LMIAs that are older than six months (i.e. an employer who received an LMIA a year ago but has not yet hired anyone).
  • Currently exempt sectors (i.e. construction)

CTA continues to work with officials to balance the need for workers in our sector who have historically used the program successfully, with those that knowingly abuse the program and workers. CTA has been calling on the federal government for many years to get tougher on unscrupulous users of the program, and has presented a mountain of evidence showing the abuse.

In the past, CTA also proposed potential design upgrades that could be incorporated into the program to help better screen participating trucking companies.

In late 2023, CTA also wrote the federal Minister of Transport, Minister of Labour, Minister of Immigration, and other relevant federal Ministers – as well as all the provinces through the council of ministers – urging ministries across Canada to work with CTA and the appropriate federal officials to establish a process that would see trucking fleets shut down for gross violations of the labour code, the Temporary Foreign Worker Program, and those engaged in human trafficking and forced labour.

The submission detailed the intricate, unscrupulous interplay between carriers, driving schools, and immigration consultants which leads to widespread abuse in our sector. However, CTA has yet to receive a clear response from any provincial or federal authorities.

Nonetheless, CTA remains optimistic the Alliance can work with ESDC in the coming months to ensure the TFWP better protects workers and that only reputable, safe and compliant companies have access to the program going forward.

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