The Temporary Foreign Worker (TFW) Program is changing the way that the limit (“cap”) on low-wage temporary foreign workers is calculated, to take into account efforts made by employers to help workers transition to permanent residency.
The intent of this change is to ensure that going forward, employers applying for a new Labour Market Impact Assessment in the Low-Wage Stream may reach the TFW workforce size allowed under the cap.
Specifically, employers who have a recent history of supporting workers’ transition towards permanent residence could be eligible to have their cap calculation modified to reduce the effective number of TFWs by an amount roughly equal to the number who are likely to be selected for permanent residence in the near term. This number will be estimated according to the proportion of the current TFW workforce in possession of a Provincial Nominee Program nomination certificate or a Certificat de sélection du Québec.
An illustrative scenario explaining how the revised cap calculation works is available for further guidance: Download Illustrative Scenario
An updated form is now available on the Employment and Social Development Canada website. More information can be found on the following web page: https://www.canada.ca/en/employment-social-development/corporate/notices/adjustment-calculation.html
If you have any questions you can get in touch with David Lefebvre, Restaurants Canada Vice President, Federal and Quebec, at DLefebvre@restaurantscanada.org.