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Temporary Foreign Worker Program

Is the federal government’s Temporary Foreign Worker Program (TFWP) a good option to address your labour market needs? B.C. employers from all types of businesses can recruit foreign workers with a wide range of skills to meet temporary labour shortages.

Take the time to thoroughly understand this program before you apply to hire temporary foreign workers.

The TFWP is designed to help employers who are unable to find qualified Canadian workers. The program allows eligible foreign workers to work in Canada for an authorized and limited period of time. To access the program, you must demonstrate that you cannot find Canadian workers to fill job openings.

Recruiting Locally

The first step in arranging for a temporary foreign worker is to submit an application for a labour market opinion to HRSDC. One of the requirements is to demonstrate that you have advertised through local recruitment methods and are unable to find qualified Canadian workers.

Local Recruitment Methods

When developing your recruitment plans, you'll find that labour market information (LMI) will help you make informed decisions regarding local and/or international recruitment.

Take the time to work with employment service agencies, industry associations, training and education providers, as well as other local resources. Their knowledge of the local area will further help you develop a well-rounded recruitment strategy.

Make sure to track all your recruitment and advertising methods and results. This will be useful for your future recruitment plans and budgets, and it will provide evidence of your recruitment efforts should you pursue a labour market opinion.

Recruitment Resources


Employment Sites


Steps to Arrange a Temporary Foreign Worker

There are usually three main steps and three federal agencies involved with getting approval to hire a temporary foreign worker.

  1. The employer applies for a labour market opinion (LMO) from HRSDC/Service Canada. If the LMO is positive,
  2. The worker applies for a work permit (WP) from CIC. If the CIC assessment is positive, the worker is issued a work permit.
  3. When the worker arrives in Canada, they are screened by the Canadian Border Services Agency to confirm the LMO and WP information.

Step 1. Labour Market Opinion

An employer who wants to hire a foreign worker usually has to first apply to HRSDC/Service Canada for a labour market opinion (LMO). In some cases, certain jobs are exempt from the LMO requirements.

An expedited labour market opinion (E-LMO) process is available for 33 occupations as a pilot project in Alberta and British Columbia. The E-LMO will allow your business to be assessed and found eligible by HRSDC/Service Canada to receive expedited LMOs. You must apply to HRSDC/Service Canada twice: first, to qualify for the pilot project and second, to receive expedited labour market opinions to hire temporary foreign workers. To determine if you are eligible, visit the HRSDC Web Site.

In assessing an LMO, Human Resources and Skills Development Canada (HRSDC)/Service Canada considers whether:

  • The job offer is genuine;
  • The wages and working conditions are comparable to those offered to Canadians working in the occupation;
  • The employer conducted reasonable efforts to hire or train Canadians for the job;
  • The foreign worker is filling a labour shortage;
  • The employment of the foreign worker will directly create new job opportunities or help retain jobs for Canadians;
  • The foreign worker will transfer new skills and knowledge to Canadians; and
  • The hiring of the foreign worker will not affect a labour disputes or the employment of any Canadian worker involved in such a dispute.

LMO applications are made to HRSDC/Service Canada, using the National Occupational Classification (NOC) system to categorize the job based on the duties of the position. When creating a job description, try to make it consistent with NOC requirements. This could be important because Service Canada uses the NOC system to determine whether the position you are submitting for an LMO falls in the "high" or "low" skill category. It also uses the NOC to decide if the occupation is eligible for an expedited LMO program. HRSDC offers detailed information about NOC job codes online. Although Service Canada ultimately determines which NOC code applies to the job, making the job description consistent with the NOC system can help you to more accurately identify and describe the specific duties and requirements of the available position.

Service Canada also uses the NOC system to determine the appropriateness of the wages being offered and identify other labour market trends when assessing a job offer. It is important the wage offered is consistent with the typical wage rate and working conditions are consistent with Canadian standards. Service Canada provides an online database of wage information for various occupations.

Step 2. CIC Assessment

Once a positive LMO is issued, the foreign worker must be assessed by Citizenship and Immigration Canada (CIC), and usually a work permit must also be issued before the worker is allowed to work and reside in Canada. In certain cases, some Jobs may be exempt from the work permit requirement.

Once CIC receives the foreign worker's application for a work permit (which must include your written job offer and the LMO you have received), it determines whether the foreign worker is eligible to receive a permit. CIC sends eligible workers a letter of authorization stating that they are allowed to work in Canada. The CIC website offers a guidebook for employers on How to Hire a Temporary Foreign Worker.

Further information on work permits for temporary foreign workers is also available at the Citizenship and Immigration Canada website.

Step 3. CBSA Screening

The Canada Border Services Agency screens foreign workers at Canadian border crossings and airports to ensure they meet admissibility requirements, including the letter of authorization from CIC. The immigration officer then issues the admissible foreign worker a work permit setting out the conditions of their stay and work in Canada. The Agency, which reports directly to the Minister of Public Safety Canada, has the final say on who may enter the country.

The CBSA website provides a good summary of the foreign worker application process. The site also includes information about who can apply for a work permit at a port of entry.

Employer Rights and Responsibilities

As an employer, you are responsible for implementing workplace measures to comply with immigration processes and policies and provincial employment, labour and safety requirements. For example, you must:

TFWs are not eligible to receive government-funded settlement services such as English language classes or community orientation. These services are available only to permanent residents. Therefore, you should be prepared to provide TFWs with an orientation to the community and answer questions related to living and working in Canada.

Rights and responsibilities may vary according to factors such as the type of job and the specifics of the program under which you recruited the worker. You should consult with Service Canada and CIC, and communicate with others in your company responsible for recruiting TFWs. This will ensure that you establish consistent in-house practices when recruiting, orienting and training TFWs.

Learn how others have implemented staffing solutions through the TFWP.

The Immigration and Refugee Protection Act (IRPA) governs matters concerning immigration and refugee protection in Canada. For a copy see the Immigration and Refugee Protection Regulations.

You can find detailed information about provincial workplace and safety requirements on the B.C. Ministry of Labour's Employment Standards for Foreign Workers page, and the WorksafeBC website.

Employers are also responsible to ensure all workers meet the certification and licensing requirements for the occupation they are hired for. If you are uncertain what the requirements are, contact the appropriate regulatory agency or body.

Financial Considerations

Before beginning the process of recruiting qualified foreign workers, you should explore the financial and contractual obligations you may have. There are three primary financial considerations:

  • Third-party representative fees for service (if applicable)
  • TFWP requirements of HRSDC/Service Canada and CIC
  • Country of origin administration requirements

If you use a third-party representative to recruit workers, you will be charged a fee for the recruitment of each worker. Domestic recruitment agencies usually base their recruitment on a percentage of the worker's annual income. International recruitment agencies generally base their recruitment on a fee-per-worker or fee-per-worker-group basis. You can expect the fees per worker will vary based upon their National Occupational Classification (NOC) code. Generally, the higher the credentials required, the higher the third-party representative fee.

Remember that under BC Employment Standards, you cannot pass the cost of recruitment fees on to your workers.

Service Canada has additional requirements for "low-skilled" occupations, including:

  • helping the worker find suitable, affordable accommodation
  • paying for private medical coverage for the worker's first three months
  • financing return trip transportation for foreign workers

Administrative fees may also be required in the worker's country of origin. For example, in the Philippines there are processing fees required by the Philippine Overseas Employment Administration (POEA) and the Overseas Worker Welfare Administration (OWWA). These fees are often coordinated by the third-party representative and should be clearly outlined in a contract.

Review your labour market opinion (LMO) and speak with a Service Canada or CIC representative if you are uncertain of your responsibilities as an employer.

Selecting a Third-Party Representative

What Are Third-Party Representatives?

If you are planning to recruit temporary foreign workers, you may consider using the services of a third-party representative to help with your recruiting efforts.

There are three types of third-party representatives that may offer assistance in hiring foreign workers; employment/recruitment agencies, immigration lawyers and immigration consultants.

How to Protect Yourself When Engaging a Third-Party Representative

Before entering into an agreement with an agency, lawyer or consultant, you should confirm the representative is a member in good standing of their regulatory body. A valid employment agency licence or membership in good standing does not, by itself, guarantee that a third-party consultant or representative will abide by a contract or federal and provincial laws. Therefore, you should also determine if the representative has the required experience to fulfill your specific hiring needs. If possible, conduct reference checks with their previous B.C. clients.

When selecting an employment agency, it is important to note that anyone operating in B.C. who recruits or offers to recruit employees is considered an "employment agency." As such, they must be licensed under B.C.'s Employment Standards Act. You should always confirm that an employment agency you intend to use is properly licensed.

The B.C. Ministry of Labour provides a list of licensed employment agencies online. The Canadian Society of Immigration Consultants (CSIC) also has an online listing of their members in good standing.

When you select an agency, it represents you in the selection of workers, as well as the administrative processing in source countries. The quality of their services can impact your company's performance and reputation. In addition to verifying that an agency, lawyer or consultant is a member in good standing, you should consider the following factors.

  • How knowledgeable is the employment agency of your particular industry and the occupational skills and background required - in B.C., Canada and the source country? How long have they been in business?
  • How does the employment agency locate workers in the source country? Is the employment agency subcontracting? Do they work in partnership with another agency in Canada or in the source country? What assurances are there that the subcontracted agency will act ethically and within the law on your behalf?
  • What is the proposed recruitment timeline? How long does the agency expect the process to take? (Remember that third-party representatives have no influence over the processing speed or approval rates of LMOs and work permit applications in Canada.)
  • Do the agency's recruitment fees seem reasonable for the services offered? If an agency promises to recruit a worker at no cost to you, it is very likely that they are illegally charging the worker, which is a violation of the Employment Standards Act. If it seems too good to be true, it likely is.
  • Does the agency consider the capacity of the applicant to function in one of Canada's official languages? Applicants for work permits could be unsuccessful if the immigration officer is not satisfied that they have sufficient official language capability to perform the work sought in Canada.
  • Does the agency complete reference checks on the experience and skills stated on the resume or application of the worker? The foreign worker must provide evidence of the required experience to the visa office.
    Some source countries have many problems with fraudulent documents and employment records. Some recruiters have a reputation for coaching applicants to make false or misleading statements. In these countries, the incidence of refusal of work permits by Canadian immigration officials is high. It is possible to receive approval through Service Canada and then have the foreign worker refused at the visa office overseas.
  • If you are using a third-party representative to recruit for a regulated occupation, you must work closely with that representative to ensure certification issues are identified and addressed.
  • Enforcement action against agents and representatives who are not Canadian-based can be very difficult to effect. As a result, if you are found liable for the actions of such an agent, you could encounter challenges in seeking compensation from the agent.

Employment Agency Fees

Employment agencies charge employers a fee for recruiting each worker. These fees are in addition to other expenses related to the Temporary Foreign Worker Program, and are the responsibility of the employer (the fees cannot be passed on to the employee).

There are a number of financial considerations to understand and include in a contract with the selected employment agency.

Negotiating a Recruitment Contract

A written contract should be signed by both the employer and the third-party representative to protect both the company and the worker(s).

At a minimum, the following should be addressed in the contract.

  • Who will prepare the application for the labour market opinion (LMO), if one is required
  • Services to be provided by the agency
  • Roles and responsibilities of both parties
  • Employer level of involvement in the process
  • Fee structure (which should include all costs)
  • Legal ability to work in the countries from which workers will be recruited
  • Sub-contractor role and responsibilities, if applicable
  • How and when the agency will communicate with the employer and update progress
  • Confirmation that the agency has not charged the worker any fees or made any additional arrangements with workers outside the scope of the employment agreement

Your role in the recruitment and selection process may vary depending on the skill level of the worker(s) required. If the occupation is regulated, you are responsible for following all licensing and certification requirements outlined by the appropriate regulatory body.

Review the contract carefully before agreeing to the terms, including all services and associated fees. Retain copies of the contract and any documents prepared.

Monitoring the Third-Party Representative and Conditions of Employment

You hold responsibility, and a degree of liability, for an employment agency or third-party representative you contract with. If a third-party representative breaks the law while working on your behalf, you could be charged under the Immigration and Refugee Protection Act, the Criminal Code of Canada, or the Employment Standards Act.

You must also adhere to the terms and conditions set out in the LMO and employment contract. In addition, if you (or third parties acting on your behalf) are at any point found to be in non-compliance with federal and provincial laws that regulate employment and recruitment, you may be deemed ineligible to hire foreign workers.

If an employment agency has not complied with provincial or federal government regulations, you should immediately contact B.C. Employment Standards, Service Canada, or Citizenship and Immigration Canada.

Complaints about the third-party agent can also be made to the appropriate regulatory body (e.g., the Law Society of British Columbia or other provincial/territorial law societies, the Canadian Society of Immigration Consultants, or the Chambre des notaires du Quebec).

Preparing for the Arrival of Foreign Workers

You and/or your agent should screen and select TFW candidates in the same way you would hire Canadian workers, abiding by our human rights and employment standards. To replace face-to-face interviews and followup communications, you can use voice/image calls over the Internet (e.g., Skype). Such technology provides a useful and cost-effective way to see and speak with potential employees.

Once you have selected a temporary foreign worker, there are actions you can take for a smooth arrival. You and/or your employment agency should review and confirm the following with the selected worker(s).

  • Confirm that the work period is temporary and defined under the terms of the employer's labour market opinion and the worker's permit.
  • State the terms of the employment contract, including wages and all benefits.
  • Outline the terms of transportation to and from the home location, as well as the kind of accommodations that will be provided (if applicable). Confirm the worker's freedom to choose other accommodations after arrival.
  • Ask if the worker paid any fees to the employment agency and if the agency made any promises to the worker outside the terms of the employment contract.
  • Clarify whether the employer or the worker is responsible for providing work-related tools/equipment/uniforms.

Community and Workplace Considerations

Promote a positive and productive employer-employee relationship by becoming actively involved in helping a worker settle in British Columbia.

Temporary foreign workers are not eligible to receive government-funded settlement services. These services are available only to permanent residents. To help the new worker get settled into the community, many employers assign a co-worker or a community volunteer to help the newcomer:

  • sign up for the B.C. Medical Services Plan
  • apply for a social insurance number
  • set up bank accounts
  • understand Canadian currency
  • advise of options for telephone, Internet, and other utility services
  • understand transportation options, schedules, and fees
  • learn about the climate and the appropriate clothing required
  • get involved with cultural organizations, religious organizations and social support groups
  • find information on local hospitals and medical services
  • understand day-to-day living needs (banking services, grocery stores, shopping centres, etc.)

Additional information for TFWs can be found at WelcomeBC.ca.

There is an assumption by many employers that the skills of an experienced worker in one part of the world are easily transferable to another. However, as one employer in the construction sector put it, "often something's lost in the translation."

Workplace processes, quality standards, workplace safety standards, and tools and equipment vary in different countries - a reality for which many employers have stated they were not adequately prepared. WorkSafe BC is an online resource for workplace injury prevention and provides resources in a number of different languages.

Developing an orientation and training plan that addresses such topics is an effective way to enhance your existing in-house standards and training while addressing the unique needs of foreign workers.

Through B.C.'s Provincial Nominee Program, you can keep your temporary foreign worker by offering them permanent employment and supporting their application for permanent status in Canada. This program is available for qualified high-skilled workers, entrepreneurs and entry-level and semi-skilled workers in select occupations.

Read about the ample returns on an investment in helping a temporary foreign worker get settled.

For a helpful guide, see WorkBC's Diversity at Work - Recruiting and Retaining Immigrants.

Provincial Role and Activities

British Columbia plays a very important role in the TFWP. It has jurisdiction over:

  • regulation of professions
  • establishment of labour and occupational health and safety standards
  • consumer protection
  • workers' compensation
  • resolution of related conflicts through labour boards and civil courts
  • the Provincial Nominee Program

The Province's role under the TFWP is reinforced through the Canada-B.C. TFW Working Group, which facilitates discussion on proposed regulatory or program changes. For example, the expedited labour market opinion pilot project was put in place to accelerate the application process for hiring temporary foreign workers in certain occupations in Alberta and B.C.

In addition, the Province explores and develops partnerships with countries to attract temporary or permanent immigrants in areas experiencing labour shortages.

In 2008 B.C. and the Philippine government signed a memorandum of understanding to help reduce the shortage of skilled workers in B.C. This two-year MOU facilitates recruitment of Philippine workers to fill positions in occupations experiencing labour shortages in B.C.

The Province is also involved in the Canada Mexico Partnership Labour Mobility Working Group. The key objective is to match, in an orderly, legal and safe manner, qualified Mexican workers with B.C. employers seeking TFWs (in defined occupations in tourism and construction).

Frequently Asked Questions

Q. What fees can employment agencies or employers charge foreign workers?

No one can charge a fee to a person for:

  • helping that person find a job, or
  • providing information about prospective jobs.

A foreign worker cannot be required to pay for immigration assistance as a condition of being placed in a job.

A foreign worker cannot be required to post a bond or pay a deposit to ensure they will finish a work term or employment contract, or to pay a penalty if they do not.

A foreign worker cannot be required to pay back any costs the employer paid to an employment agency or anyone else to recruit the worker.

Q. Do employment agencies have to be licensed to do business in B.C.?

In B.C., employment agencies must be licensed under the Employment Standards Act. A licensed employment agency may receive payment from employers for recruiting employees.

Q. How much does it cost to recruit a foreign worker?

The cost ranges based upon the occupation, country of origin, requirements of the federal TFW program and the fee for service of the third-party representative. If a recruiter says they can get you temporary foreign workers for free, it is likely they are passing on the fees to the workers, which is illegal in B.C.

Before seeking a TFW, do your research and itemize the expenses specific to your job requirements. Select a third-party representative based on the quality of their work as well as a clear outline of fees in writing to avoid additional unexpected fees.

Q. Can I lay off or fire a temporary foreign worker?

An employer may terminate an employee if they give the required notice or pay in lieu of notice.

An employer or an employment agency cannot force a foreign worker to return to his or her country of origin if the employer terminates an employment contract before the work permit expires or if the foreign worker finds a job with another employer. The Government of Canada has the only legal authority to remove a person from Canada.

An employer cannot terminate the employment of a person who files an Employment Standards complaint, or otherwise discriminate against a person with respect to their employment.

Q. How long does the entire process take – from submitting an LMO to when a worker arrives?

Timelines will vary based upon the country of origin, occupation, labour market opinion and work permit response times, as well as the advertising requirements and selection of workers. Employers say that, on average, it takes between six to eight months.

Q. What is the difference between the Temporary Foreign Worker Program and B.C.'s Provincial Nominee Program?

The Temporary Foreign Worker Program (TFWP) allows employers to recruit a foreign worker to come to B.C. and work on a temporary/short-term basis if approved by Service Canada. This is a temporary solution to labour gaps.

The Provincial Nominee Program (PNP) chooses potential immigrants for permanent residence who have the ability to become economically established in B.C. and who will provide significant economic benefits to the province.

Workers who come to B.C. as a TFW can apply, if eligible, to the PNP and become permanent residents of Canada. In this case, the employer and the TFW (nominee candidate) would submit a joint application to the program.

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