26th September 2024BY Nihang Law
3 New LMIA Updates Officially In Effect
Last month, Immigration, Refugees and Citizenship Canada (IRCC) announced significant updates regarding the issuance of Labour Market Impact Assessments (LMIA) for low-wage positions.
These updates took effect on September 26, 2024 and could impact businesses across Ontario that rely on temporary foreign workers.
LMIA changes now in effect
As of September 26, 2024, LMIAs for low-wage jobs in regions with unemployment rates of 6 per cent or higher will no longer be processed. However, there are important exemptions for sectors deemed critical to food security, such as primary agriculture, food processing, and fish processing. Exemptions also extend to the construction and healthcare sectors—industries that are vital to Ontario’s economy.
Additionally, employers are now limited to hiring no more than 10 per cent of their workforce through the Temporary Foreign Workers (TFW) program for low-wage positions. For construction and healthcare employers, the cap has been reduced to 20 per cent.
Lastly, the maximum employment duration for low-wage temporary foreign workers has been shortened from two years to one year.
Canada reducing temporary foreign workers in the country
These changes are part of Canada’s efforts to reduce the reliance on temporary foreign and prioritize employing homegrown talent. The government aims to crack down on the increasing misuse of the TFW program as a pathway to permanent residency.
“The Temporary Foreign Worker program was designed to address labour market shortages when qualified Canadians were not able to fill those roles. Right now, we know that there are more Canadians qualified to fill open positions. The changes we are making today will prioritize Canadians workers and ensures Canadians can trust the program is meeting the needs of our economy.” – Minister of Employment, Workforce Development and Official Languages, Randy Boissonnault
Unemployment levels in Canada have been on an upward trend in 2024. In August, the unemployment rate was at 6.6 per cent, the highest it has been since October 2021.
How Nihang Law Can Assist
These LMIA changes could significantly impact Ontario-based businesses, particularly those in industries dependent on temporary foreign labour. Ontario employers should be aware of these updates and ensure compliance to avoid potential disruptions to their workforce.
Navigating these evolving immigration policies can be challenging, but Nihang Law is here to help Ontario businesses stay informed and compliant. Whether you need assistance with the LMIA process or advice on how these changes could affect your workforce, our experienced immigration team is ready to guide you.
Contact Nihang Law today at (416) 321-0353 or email rematters@nihanglaw.ca to book an appointment.
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