b'COVER STORYLMIAs for seasonal and non-seasonalnuanced issue. Take the decision to limitHistorically, the Temporary Foreign jobs (e.g., food security, construction, the number of TFWs hired through theWorker Program has been a very successful and health care). programs low-wage stream to 10 per cent,pathway for getting new Canadian talent Employers cannot hire more than 10 perfor example.into our population, which is why a lot of cent of their total workforce through theThis is a drastic move because it appliesour employers will bring people to Canada TFW Programs low-wage stream. Theeven to workers on site that you want toup as temporary workers and support them same exceptions apply. extend, says Lessard. Say 20 per cent ofthrough their journey to become perma-your staff falls under that low-wage streamnent residents of Canada, Leebosh says.Workers hired through the low-wageand they expire in the next six months.Now, fewer spots for permanent residents stream cannot be employed for longerEven if some of those workers have beenmean tighter competition for TFWs who than one year, as opposed to the previouswith you for years, if you\'re in an areaare hoping to make a home in Canada. limit of two years. where you cannot file any more LMIAThe people you have here as temporary In October, Ottawa took another step toapplications, youre going to have to letworkers that may have qualified in the past increase the requirements for using thesome go because now you cannot exceedare going to find it harder to qualify for TFW Program\'s high-wage stream. As ofthat 10 per cent and there are no grand- permanent residence, and there may be November 8, the starting hourly wage forfather clauses for workers that are a situation where some of your workforce foreign workers coming to Canada throughalready here.is out of luck because there are just fewer the high-wage stream is 20 per cent moreAnother challenge is that Quebecspots available, points out Leebosh. than the previous level, which was set byemployers can no longer waive foreign the median wage in the applicable provinceworkers brought in through the simpli- RIPPLES or territory of work.fied processa path created for special- The recent changes to Canada\'s TFW ized occupationsfrom the 10 per centProgram join a list of other immigration These changes coincide with the govern- calculation. Earlier this meant a company\'sand mobility policy changes. They include ment\'s decision to reduce the number ofworkforce could comprise 20 per cent ofreductions to the number of open spousal permanent residency levels over the nextlow-wage stream workers and another 10work permits, changes to postgraduate work three years. Specifically, Ottawa announcedper cent brought in through the simplifiedpermits, new restrictions for intracompany it would be lowering permanent residentprocess, for a total of 30 per cent. Now,transfers, and stricter qualifications for the numbers to 395,000 in 2025 (down from itshowever, employers must limit their entireInternational Mobility Program (IMP). The previously stated plan of 500,000), 380,000temporary foreign workforce to cumulative effect, says Leebosh, is more in 2026 (down from 500,000), and 365,00010 per cent altogether. scrutiny for any employer looking to move in 2027. foreign talent: "Everyone is going to feel I was talking with a client yesterdayit. Even the most obvious talent cases will TFW 2.0 who has 30 workers that he has to let go,take more effort from mobility professionals Changes to Canada\'s TFW Program arewhich, means 30 per cent of his produc- and the lawyers they partner with to get not insignificant. As expected, they are alsotion capacity will just be eliminated,approvals across the table." giving immigration and mobility specialistssays Lessard. It\'s not nothing for many RETHINKING THE plenty to discuss with their clients.companies, and it means having to spendLowering the volume of TFW and PR Julie Lessard leads the Business Immigra- a lot more money hiring locally, which thisopportunities is bound to reduce access to tion Group at BCF Business Law, whereclient was having trouble doing despite a lotmuch-needed labour over time. Leebosh of advertising and effort. says these changes will ultimately deter TFW PROGRAM she has been helping clients in her homeRaising the thresholds for high-wage occu- potential foreign talent from considering province of Quebec, which was the firstwork in Canada. "There\'s an indication province to implement limits to its low- pations has also impacted employers. Priorthat Canada\'s international reputation is wage stream before the federal governmentto the change, the wage threshold for thethat we\'re not as open for business as we followed suit on a national scale.high-wage category was equal to or morehistorically have been, both when it comes Thinking back on what motivated the prov- than the median level for the employersto students and workers, he explains. As ince to make the first move, Lessard says,province. Now, the high-wage streama result, we\'ll start to see businesses ask It all came out of the debate that Quebecthreshold begins at a provinces medianthemselves whether this is where they want was receiving more foreigners than anotherlevel plus 20 per cent. to operate." province and we were having problems"The challenge is that more occupations,It will take time to witness the full impact integrating them all. Quebec pushed themore jobs, will now fall into the low wageof the TFW changes and get a better sense federal government to do something, andfactor, which is more restrictive and hasof how long they will be enforced. Looking the federal government responded with,more employer obligations," says Jonathan forward, Lessard hopes future amendments \'You do something first and we\'ll follow.\'Leebosh, partner at Global Immigrationwill offer a more even-keeled approach. "I That\'s what led to Quebec completelywith EY Law LLP. don\'t think the program was perfect before," freezing the low-wage workers programLeebosh is another immigration veteranshe says. "There were people misusing the for the Island of Montreal for a first initialwho is watching the changes unfold,programs, but a better solution may be to period of six months.\'" both in Quebec and across Canada. Likeaddress the misuse and the misusers rather The changes made in Quebecand soonLessard, he recognizes they will add stressthan trying to end the program, which is after, Canadaare being pitched as aon employers relying on temporary foreignwhat it appears they are doing. What sensible response to heightened levels ofworkers to build their future workforce,were seeing now is a temporary crisis, so immigration. In practice, says Lessard, theyespecially when combined with reducedmy hope is that they will find aare a broad, catch-all response to a morepermanent resident caps.better balance.Winter 2024PERSPECTIVES13'