As the Canadian government continues to make changes to the Temporary Foreign Worker Program (TFWP), representatives from the landscape and horticulture profession continue to attend every meeting possible to engage with government and other stakeholders on the topic of the TFWP and the effects any changes will have on our industry.

The following changes will apply to Labour Market Impact Assessment (LMIA) applications received on or after September 26, 2024:

Refusal to process LMIA applications for low-wage positions

• LMIA applications for positions where the workplace is located in any of the Canadian Census Metropolitan Areas (CMA) with an unemployment rate of six per cent or more, and where the wage offered is lower than the median hourly wage in effect in the province or territory, will not be processed and fees for these applications will not be collected.
• Positions in the Primary Agriculture stream, seasonal positions of less than 270 days, as well as occupations in food manufacturing (NAICS 311), construction (NAICS 23), and healthcare (NAICS 622 and 623) sectors will not be subject to this refusal to process.

Cap on the proportion of low-wage positions

• Employers will be allowed to hire temporary foreign workers in low-wage positions under the TFW Program for up to a maximum of 10 per cent of their total workforce, in a specific work location. This is a further reduction from the 20 per cent cap announced in March 2024.
• This measure will also apply to low-wage positions eligible for “simplified processing” in the province of Québec.
• Exceptions will be made: the cap on the proportion of low-wage positions, at a given worksite, will be of 20 per cent for occupations in food manufacturing (NAICS 311), construction (NAICS 23), and healthcare (NAICS 622 and 623) sectors. This is a further reduction from the 30 per cent cap announced in March 2024 for positions in the construction and healthcare sectors.
• As a reminder, low-wage positions in the Primary Agriculture stream, seasonal positions of less than 270 days, and highly mobile or truly temporary positions (120 calendar days or less) remain exempt from this measure.

Reduction of the maximum duration of employment for low-wage positions

• The maximum duration for the period of employment for workers hired in low-wage positions will be reduced from two years to one year.
• This measure will also apply to low-wage positions eligible for “simplified processing” in the province of Québec.
• Low-wage positions in the Primary Agriculture Stream will be exempt from this measure.

“Dual-intent” LMIA applications in support of Permanent Residency under the TFW Program

• As announced on August 6, 2024, the TFW Program requirements for “dual-intent” LMIA applications in support of permanent residency will be harmonized with those currently in place for low-wage and high-wage positions, and primary agriculture.
• “Dual-intent” LMIA applications in support of permanent residency that are for low-wage positions will be subject to the refusal to process measure announced on August 26, 2024 (unemployment rate of six per cent in a CMA), the cap on the proportion of low-wage positions at a given worksite, and the one-year maximum duration for the period of employment.

If you have any questions on the TFW Program, please visit Canada.ca or reach out to the Employer Contact Centre.

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