Question Period Note: Quebec pilot project for the Temporary Foreign Worker Program

In August 2021, an agreement was signed between the Ministers of Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC) and the Ministers of Immigration, Francisation et Intégration (MIFI) and Travail, Emploi et Solidarité Sociale (MTESS) (Quebec) to allow for additional flexibilities in Quebec under the Temporary Foreign Worker Program

• The Temporary Foreign Worker Program helps employers to address their temporary labour needs when Canadians are not available.

• In August, the Government of Quebec and the Government of Canada agreed to develop a three-year pilot.

• This pilot proposes additional flexibilities for Quebec employers in sectors facing some of the most extreme skills and labour shortages.

• My officials are working closely with their Quebec counterparts to put this pilot in place.

• The objectives of the Temporary Foreign Worker (TFW) Program are to provide employers with access to TFWs on a temporary basis when qualified Canadians and permanent residents are not available, to ensure that Canadians and permanent residents are first in line for available jobs, and that foreign workers are protected.

• The Labour Market Impact Assessment (LMIA) process aims to ensure that employer access to TFWs would not have a negative impact on the domestic labour market, including job opportunities and work conditions for Canadians and permanent residents. The authority for LMIA process rests with the Minister of Employment and Social Development.

o In the case of a foreign national who intends to work in the Province of Quebec, the labour market assessment provided by ESDC is to be made in concert with Quebec’s Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI).

• The 1991 Canada-Quebec Accord on Immigration gives the provincial government among others the authority to consent to the admission of temporary residents who wish to work in Quebec and require a labour market test.

o Employers seeking to hire a foreign worker under the TFW Program must obtain approval from both ESDC and Quebec’s Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI). before IRCC can issue a work permit.

• Given the growing labour shortages in the province, Quebec has sought the federal government’s collaboration on immigration reforms aimed at addressing the situation.

• Quebec has historically sought greater involvement in the TFW Program, including requests in recents years for full devolution to the province. The Government of Canada has not agreed to devolve the program, but has indicated an openness to consider other changes to address the province’s concerns.

• On August 4, 2021, an agreement was signed between ESDC, IRCC and the Ministère de l’Immigration, de la Francisation et de l’Intégration and the Ministère du Travail, de l’Emploi et de la Solidarité Social, that included :
o Increasing the cap on the number of TFWs an employer can hire in low-wage positions to 20% for industry sectors identified by Quebec, following consultations with labour market stakeholders;
o Exempting micro-economies (i.e. small geographic areas with distinct labour market conditions) from the Refusal to process policy for certain positions in Accommodation and Food Services and Retail Trade sectors in an economic region with an unemployment rate of 6% or higher, following consultations with labour market stakeholders;
o Allowing level C occupations as per the National Occupational Classification (NOC) into the Traitement Simplifié, a process specific to Quebec that reduces the administrative burden for employers when applying for a LMIA, and;
o Exempting employers from having to demonstrate their recruitment efforts for certain level D occupations as per the NOC that have been identified by Quebec in collaboration with labour market stakeholders.

• Implementation of the pilot will begin when Quebec provides information related to the sectors, occupations and areas that should be eligible for these flexibilities, following consultations with labour market stakeholders within the province. ESDC will work with Quebec towards implementation when the consultations are completed.

• ESDC is also improving access to training and skills development, to allow Canadians (including Quebecers) to fully participate in the labour market and fill available jobs. This include, among others, improving labour market information and Job Bank.

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