Question Period Note: TEMPORARY WORKER FACILITATION

Processing and facilitation measures for temporary workers

• Temporary foreign workers help keep Canada competitive by filling short term labour and skills gaps

• Both the Temporary Foreign Worker Program and the International Mobility Program are demand-driven with no limits or caps on the total number of work permits that may be requested or issued in a given year.

• IRCC recently introduced a number of facilitative measures to support employers and workers alike. These include:
o open work permits for holders of an American H 1B visa,
o expanding eligibility under the Francophone Mobility stream,
o providing access to open work permits for the spouses and dependents of all temporary workers entering Canada under IRCC’s International Mobility Program, as well as those under the High-Wage Stream of the Temporary Foreign Worker Program.

• These measures aim to increase the number of workers available to fill labour shortages and skills gaps in various sectors, while supporting family reunification.

• We are also continuing to prioritize applications in essential sectors such as agriculture, food processing, and health care.

• Temporary foreign workers coming under the Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP) play an important role in many sectors of the Canadian economy. The TFWP, administered by ESDC, requires a positive or neutral Labour Market Impact Assessment (LMIA) and helps employers fill critical labour shortages, whereas the IMP, administered solely by IRCC, exempts the LMIA and supports Canada’s broader economic, social and cultural objectives.

• IRCC remains committed to supporting employers who are facing labour shortages in Canada. Between January 1st and September 30th, a total of 1,197,037 work permits were issued under both the IMP and TFWP, nearly doubling the total work permits issued during the entire year of 2022.
o Under the TFWP, 147,863 work permits were issued to workers. This is up from 96,437 over the same time period in 2022.
o Under the IMP, 1,049,174 work permits were issued. This is up from 627,198 over the same period in 2022.

• Work permit issuance under the IMP has increased at an even greater pace than those issued under the TFWP (83% versus 17% respectively between 2017-2022), as has the issuance of open work permits.

TFWP Road Map

• Both employers and workers can benefit from the suite of measures introduced by ESDC under the Workforce Solutions Road Map which has been extended until August 30, 2024, and include:
o continuing to allow employers in seven sectors with demonstrated labour shortages to hire up to 30% of their workforce through the TFW Program for positions under the provincial or territorial median hourly wage;
o maintaining the maximum duration of employment for positions under the provincial or territorial median hourly wage at up to two years; and
o adjusting the Labour Market Impact Assessment (LMIA) validity period from the current 18-month maximum to a maximum of 12-months to better respond to the labour market.

Open Work Permits for H-1B Visa Holders

• On July 16th, IRCC launched the open work permit for H-1B Specialty Occupations visa holders, with additional work and study permit options for eligible family members. IRCC reached the program’s intake cap of 10,000 applications submitted within 2 days.

• Applicants will receive an open work permit of up to three years in duration, which means they will be able to work for almost any employer, anywhere in Canada.

Innovation Stream of the International Mobility Program

• IRCC is also creating a new Innovation Stream under the International Mobility Program exempt from the Labour Market Impact Assessment requirement to enable innovative employers in Canada to hire highly talented individuals. Further information will be made available in the weeks ahead.

Francophone Mobility Stream

• On June 15, 2023, IRCC implemented a 2 year pilot project under the Francophone Mobility stream to extend eligibility to workers in training, education, experience and responsibilities (TEER) four and five occupations, with the exception of workers in primary agriculture, who can provide proof they meet a moderate level of speaking and listening in French, equivalent to a Canadian language benchmarks (CLB) level 5.

Study Authorization for Foreign Nationals with a Work Permit

• In June 2023, IRCC introduced a temporary public policy that allows eligible temporary foreign workers to study for the duration of their work authorization, as full-time or part-time students, without having to obtain a study permit. This measure applies retroactively to foreign nationals who held a valid work permit, or who have a pending work permit extension application in process, as of June 7th, 2023.

• Under existing rules, foreign workers have been able to study while they work but have been limited to enrolling in programs that are 6 months or less in duration and completed within the period authorized for their stay upon entry to Canada.

• This change gives foreign workers the opportunity to seek additional training and education that may help them gain or improve skills in pursuit of their desired career paths. Through upskilling, these foreign nationals can expand their future job prospects and pursue credentialing programs to transition to permanent residence.

Open Work Permits for Family of Temporary Foreign Workers

• Effective January 2023, the spouses and dependents of workers at all skill levels who come to Canada under the International Mobility Program as well as those in the High Wage Stream of the Temporary Foreign Worker Program are eligible for an open work permit.

• IRCC continues to consult with stakeholders in consideration of expanding this measure to the family members (spouses and dependents) of workers under the Low Wage Stream of the TFWP.

Global Skills Strategy

• The Global Skills Strategy (GSS) was launched in June 2017 to provide companies with access to global talent by getting highly skilled workers into Canada faster.

• Between its launch and September 30, 2023, nearly 116,586 work permits were approved for highly skilled workers to work in occupations such as computer programming, information system analysis and software engineering. Spouses and dependents of these workers are also eligible to apply for an open work permit, and receive expedited processing so that they may accompany the principal applicant to Canada.

Quebec flexibility under the TFWP

• The Government of Canada and the Government of Quebec expressed an intention to provide Quebec with more flexibility under the IMP and the TFWP. This includes:
o Expanding the Processus Simplifié to include Quebec-destined workers in Training, Education, Experience and Responsibilities (TEER) 4 occupations. This provides additional flexibility for Quebec employers under the TFWP to address their labour needs. This measure will be extended to February 2024.

• IRCC also introduced ministerial instructions for a capped work permit pathway under the International Mobility Program Plus (IMP+) in May 2022, allowing eligible foreign nationals who are pre-selected for permanent residence by Quebec to work in Canada while they await their permanent residence application to be finalized, which provides the opportunity to move to Quebec right away and begin working and settling into their new home, all while filling acute labour shortages.

Proactive Extension Measure for Open Work Permit Holders

• Effective June 7 to 28, 2023, many open work permit holders, such as spouses of workers and those awaiting a decision on their permanent residence applications and whose work permits expire before December 31, 2023, had an opportunity to opt in to a facilitative process to get their work permit extended by an additional 18 months.

• Under this one-time facilitation measure approximately 8,039 open work permits were extended, allowing them to work for any employer anywhere in Canada. By proactively extending their work permits, these workers are able to continue working in Canada, build lasting relationships in their communities, develop new skills, and remain available to employers in this competitive labour market.

Post-Graduation Work Permits (PGWP)

• Starting April 6, 2023, new measures allowed certain PGWP holders to opt-in to a facilitative process to extend their authorization to work and stay in Canada. This facilitative measure has allowed Canada to retain high-skilled talent.

• In addition, as part of these measures, foreign nationals whose PGWP expires between September 20, 2021, and December 31, 2023, have the opportunity to apply for an additional open work permit valid for up to 18 months.

If pressed on UN Rapporteur report :
• The government acknowledges the report from the UN Special Rapporteur. While we have disagreements with aspects of their report, in Canada we are always open to recommendations to better protect workers, including temporary foreign workers.
• All workers in Canada deserve safe, healthy and dignified working conditions. Mistreatment or abuse of temporary foreign workers – or any worker – is always unacceptable and can never be tolerated.
• Ensuring the health and safety of TFWs and that they are free from any form of abuse while in Canada is a key priority. Our government has taken concrete actions to better support these workers and we will continue to take action.
• For example:
o We introduced new and stronger protections for temporary foreign workers through amendments to the Immigration and Refugee Protection Regulations.
o We invested $49.5 million in the Migrant Worker Support (MWS) Program to support and empower migrant workers by helping them to learn, understand, and exercise their rights in Canada.
o We have improved the quality of employer inspections to hold employers accountable for the treatment of workers.
• IRCC continues to analyze its suite of programs to ensure they are effective in safeguarding the rights and safety of temporary foreign workers.