BC/Fed Agreement:Temporary Foreign Worker Annex

One of the highlights of the Federal/Provincial Agreement on immigration entered into by the Federal Government of Canada and the Province of British Columbia is an annex dealing with temporary foreign workers. The Province recently released a fact sheet to BC lawyers outlining some of the details. While details are scarce for the time being, there is much hope for optimism. Here is a copy of the fact sheet:

FACT SHEET

Temporary Foreign Worker Annex

 What is the Temporary Foreign Worker (TFW) Program?

The TFW Program is designed to fill short-term labour needs in the Canadian labour market, and is administered jointly by Human Resources and Skills Development Canada (HRSDC) and Citizenship and Immigration Canada (CIC).  The TFW Program allows employers to hire Temporary Foreign Workers (TFWs) when vacant positions cannot be filled by the Canadian labour force.  Employers are permitted to hire TFWs for up to two years under the TFW Program (when approved).

In instances where an exemption is not in place, employers must apply to HRSDC for a Labour Market Opinion (LMO). Either a positive or neutral LMO is required from HRSDC/Service Canada in order for an employer to bring in a TFW.


What is the Temporary Foreign Worker Annex?  How does it Work?

The Canada-British Columbia Immigration Agreement (the “Agreement”) was signed in April 2010.  The Agreement includes a series of Annexes to further define the provincial roles and responsibilities in applicable policy/program areas.  Given the growth in demand for TFWs in British Columbia since 2002, an Annex on TFWs (Annex F) is included in the Agreement.

The TFW Annex identifies areas of cooperation between Canada and British Columbia to support the operation of the TFW Program and British Columbia-specific TFW issues in general, including four key pilot projects:

a.      Eliminate the need for employers to apply to HRSDC for a LMO in occupations that have experienced prolonged labour shortage and require workers on an ongoing basis.

b.      Allow employers to submit a LMO whereby a foreign worker can be employed by more than one employer, within the same occupation, while satisfying the requirements of HRSDC and CIC.

c.       Allow a foreign worker to complete the provisional licensing requirements while working and gaining experience in British Columbia.

d.      Expand eligibility for open work permits to eligible spouses and working-aged dependents (aged 18-22) of TFWs.

Under the Annex, British Columbia is expected to work collaboratively with both CIC and HRSDC, to implement the pilots described above.  Because the TFW Program touches upon the work of various agencies and Ministries, both federally and provincially, there is a standing TFW Working Group made up of representatives from CIC, HRSDC, Service Canada, Regional Economic and Skills Development (RESD), Employment Standards Branch (ESB), Canada Border Services Agency (CBSA), etc.  This group meets on a regular basis to share information and discuss TFW-related topics, including the Annex pilots.

British Columbia has also agreed to work with HRSDC and CIC to share information that will support the operation of both the TFW Program and the British Columbia Provincial Nominee Program (BC PNP).  The purpose of information sharing is to improve the protection of TFWs within British Columbia, and to ensure that employers participating in the TFW Program respect provincial labour standards.

Additional Information

The TFW Annex was negotiated and finalized at a time when labour market conditions were extremely tight within British Columbia.  Given the changes that have occurred within the provincial labour market since 2008, a degree of flexibility is required, particularly with respect to the pilot projects, to ensure that TFW-related initiatives in British Columbia are responding effectively to current provincial labour market conditions and employer needs, while respecting the overall integrity of the federal program.