Key Takeaways:
- The Recognized Employer Pilot (REP) offers a streamlined process for Canadian employers hiring temporary foreign workers.
- REP eligibility requires positive LMIA decisions in the past, adherence to worker protection standards, and meeting TFWP requirements.
- REP-qualified employers can apply for the program alongside their LMIA application, receive longer validity periods, and simplified processes.
Imagine you run a business in Canada and you’re in need of skilled workers to drive your company forward. Now picture a program that simplifies the process of bringing international talent to your doorstep. Welcome to the Recognized Employer Pilot (REP), a Canadian initiative designed to streamline the hiring of foreign nationals as temporary workers through an easier Labour Market Impact Assessment (LMIA) process. This innovative approach is set to transform the way employers tap into the global workforce, ensuring that the right skills are available when and where they are needed.
The REP opens doors to employers who have demonstrated a strong track record in securing positive LMIA decisions, ensuring that their commitment to fair and high-standard working conditions is rewarded with a more efficient application process. But there’s more: participants in the REP enjoy extended validity on their LMIAs and can access a more straightforward method when additional hiring becomes necessary. As we delve into the ins and outs of the REP, you’ll find out how to ascertain eligibility and the myriad of benefits it offers, making it a potential game-changer for your business’s growth and success.
Recognized Employer Pilot (REP) Overview
The Recognized Employer Pilot (REP) is an initiative designed to assist Canadian employers in recruiting foreign nationals to work in Canada on a temporary basis. This program streamlines the Labour Market Impact Assessment (LMIA) application process, making it more efficient for qualified employers.
Eligibility Criteria for Employers
Employers interested in the REP should meet the following conditions based on their LMIA history:
- Employers with LMIAs in the Last Five Years:
- Have obtained at least three positive LMIA decisions within the past five years for roles that are included in the REP occupations list.
- Employer Considerations for COVID-19 Impacts:
- Employers who did not file LMIA applications in 2020 or 2021 due to the pandemic are eligible if they:
- Received at least one positive LMIA decision in 2022 or 2023.
- Additionally, obtained two more positive LMIA decisions dating back to 2016.
Standards for Participant Employers
To qualify for the REP, employers must also:
- Demonstrate a strong track record regarding working conditions, living conditions, and the protection of workers.
- Show compliance with their historical interactions within the Temporary Foreign Worker Program (TFWP).
- Agree to continue upholding the regular TFWP requirements for the duration of their participation in the REP.
LMIA Application and REP Access
To partake in the Recruitment and Employment Policy (REP), employers are not required to go through an additional application process. They simply need to complete a Labour Market Impact Assessment (LMIA) application. During this LMIA application process, employers will be presented with the option to also apply for the REP. No extra information beyond what is required for the LMIA application is necessary.
Eligibility Based on TFWP History
Employment and Social Development Canada (ESDC) states on its website:
“We’ll determine whether you’re eligible based on your history with the Temporary Foreign Worker Program (TFWP).”
Employers’ eligibility for the REP hinges on their past interactions and compliance with the TFWP standards and regulations.
Non-eligibility and LMIA Decisions
If an employer is deemed ineligible for the REP, they will still receive a decision regarding their LMIA application. It is important to note that certain categories of LMIA applications do not qualify for the REP. This includes:
- Applications related to the Seasonal Agricultural Worker Program (SAWP) transfers
Benefits for REP-Qualified Employers
Employers who do meet the REP qualifications can expect several advantages, including:
- An extended validity period for LMIAs with a positive decision, lasting up to 36 months
- Access to a streamlined LMIA application process for hiring additional workers
By simplifying the application process and extending the duration of positive LMIA decisions, the REP is designed to benefit eligible employers significantly.
Reprogram for Employers (REP) Deadline
Employers who are considering participating in the Rehiring and Retention Program (REP) should be aware of the important upcoming dates for the program. Service Canada has announced that it will cease accepting applications for the REP in September of the current year. The program itself is set to end in the autumn of 2026.
Reasons for Ineligibility in the REP
Employers must meet certain criteria to be eligible for the REP. Those who fall under the following categories may find themselves disqualified from the program:
- Negative LMIA Decisions: Employers who have been issued negative Labour Market Impact Assessment (LMIA) results.
- Non-compliance: Employers who have been found not in compliance with program requirements.
- Health and Safety Allegations: There have been significant and credible concerns raised about employers jeopardizing the well-being of temporary foreign workers.
- Inspection Requirements: Failure to meet the necessary requirements during inspection check-ins.
- Labour Market Changes: Changes in the labour market that directly affect the position an employer aims to fill.
Affiliation and Ineligibility
Certain affiliations with ineligible employers can also affect an employer’s ability to participate in the REP. The following affiliations will render an employer ineligible:
- Controlled Employers: An employer that is under the control of another employer.
- Common Control: Two or more employers that are under common control.
- Non-Arm’s Length Operation: Employers who operate in a manner that is not considered arm’s length.
Additionally, affiliates who are in default of any administrative monetary penalty payments are ineligible for the REP.
Employers should ensure they are in good standing and comply with all necessary requirements to maintain their eligibility for the REP program. For further information on the REP and official immigration guidelines, please refer to the Service Canada website.
REP Position Processing Fee
For each position needed under the Rural and Northern Immigration Pilot (REP), employers are required to pay a processing fee of $1,000.
Commitments for REP-Qualified Employers
Employers qualified for the REP are required to adhere to several commitments:
- Participate in Random Check-ins: They must agree to partake in random checks by the authorities.
- Annual Wage Reviews: They must conduct wage reviews every January 1st to ensure that temporary foreign workers receive the prevailing wage for their occupation and location, which may differ from the wage stated in the approved Labour Market Impact Assessment (LMIA).
- Recruitment Efforts: Employers must persistently attempt to recruit Canadians or permanent residents and fulfill the minimum recruitment conditions for the specific immigration stream their applications pertain to until all positions are filled.
- Housing Inspections: If necessary for the specific stream, they must meet housing inspection requirements.
Additional Obligations
Besides complying with the TFWP and REP requirements, employers must also:
- Abide by the conditions outlined in the Immigration and Refugee Protection Regulations and the Immigration and Refugee Protection Act (IRPA) concerning the employment of temporary foreign workers.
Processing Fee Payment Methods
The $1,000 REP processing fee can be paid using the following:
- Credit Cards:
- Visa
- MasterCard
- American Express
- Other Payment Methods:
- Certified cheque (made payable to the Receiver General for Canada)
- Money order (made payable to the Receiver General for Canada)
- Bank draft (made payable to the Receiver General for Canada)
Processing Fee Refund Policy
- Non-Refundable Fees: Withdrawn, cancelled, or negatively decided applications will not have their processing fees refunded.
- Refunds: Issued solely in cases where a fee was collected in error. Neither processing fees nor recruitment fees can be charged to, or recovered from, temporary foreign workers.
Exemptions to LMIA Processing Fees
LMIA processing fees are not applicable for:
- Occupations related to primary agriculture.
- Positions under National Occupational Classification (NOC) 2021 codes:
- 80020
- 80021
- 82030
- 82031
- 84120
- 85100
- 85101
- 85103
Employer Obligations for LMIA Applications
When submitting a new Labour Market Impact Assessment (LMIA) application, employers who have hired a temporary foreign worker within the past five years must have demonstrated a commitment to maintaining an abuse-free work environment. According to Employment and Social Development Canada (ESDC):
“Employers must ensure they have made reasonable efforts to provide a workplace that’s free of abuse.”
This means taking active steps to prevent any form of workplace abuse as well as implementing measures to address and stop it should it occur.
Employment Agreement Requirements
For the Recruitment and Employment of Personnel (REP) program, although the employment agreement is not needed at the time of the LMIA submission, employers must agree to the following conditions regarding employment agreements:
- Provide each temporary foreign worker with a completed and signed employment agreement on or before their start date.
- Ensure the employment agreement includes:
- Details of employment in the designated occupation.
- Wages and working conditions that match those specified in the job offer.
- Draft the agreement in either English or French, whichever the temporary foreign worker prefers.
- Obtain signatures on the agreement from both the employer and the temporary foreign worker.
Meeting Housing Inspection Requirements
Employers are also responsible for complying with housing inspection requirements relevant to the specific LMIA streams for which they are applying. It is imperative that all housing provided to temporary foreign workers meets the established standards to ensure their well-being.
It is crucial for employers to strictly abide by these guidelines to support a fair and safe working environment for foreign workers and to maintain compliance with Canadian labor regulations.
Expanded REP Eligible Occupations
The Rural and Northern Immigration Pilot (RNIP), a community-driven initiative, commenced its initial phase in September with a focus on bolstering the agricultural sector. The program permitted REP-certified employers to hire international temporary workers for a select group of four occupations, namely:
- NOC code 85100: Livestock labourers
- NOC code 85101: Harvesting labourers
- NOC code 84120: Specialized livestock workers and farm machinery operators
- NOC code 85103: Nursery and greenhouse labourers
Second Phase Extends Eligible Occupation List
However, with the launch of the second phase, the REP’s list of qualified occupations has undergone a significant expansion to encompass 84 different jobs. This broadened scope allows authorized employers to:
- Utilize extended validity periods of up to 36 months for those applications receiving a positive outcome
- Benefit from a streamlined LMIA (Labour Market Impact Assessment) process when recruiting additional workers
Eligible employers now have access to a much wider talent pool for their labor needs, offering a sizeable opportunity for growth and development in the regions participating in the pilot.
Eligible Occupations for the Rural and Northern Immigration Pilot (RNIP) – Phase Two
The Rural and Northern Immigration Pilot (RNIP) has commenced its second phase, now allowing a diverse range of occupations to participate. Below is a list of the eligible occupations, categorized by their respective National Occupational Classification (NOC) code for 2021:
Management Positions in Engineering & Science
- 20010 – Engineering managers
- 20011 – Architecture and science managers
Engineers and Architects
- 21321 – Industrial and manufacturing engineers
- 21322 – Metallurgical and materials engineers
- 21200 – Architects
- 21201 – Landscape architects
- 21202 – Urban and land use planners
- 21203 – Land surveyors
Health Sector Roles
- 31300 – Nursing coordinators and supervisors
- 31301 – Registered nurses and registered psychiatric nurses
- 31100 – Specialists in clinical and laboratory medicine
- 31101 – Specialists in surgery
- 31102 – General practitioners and family physicians
- 31103 – Veterinarians
- 31111 – Optometrists
- 31201 – Chiropractors
- 31209 – Other professional occupations in health diagnosing and treating
- 31121 – Dieticians and nutritionists
- 31112 – Audiologists and speech-language pathologists
- 31202 – Physiotherapists
- 32109 – Other technical occupations in therapy and assessment
- 31203 – Occupational therapists
- 31204 – Kinesiologists and other professional occupations in therapy and assessment
- 32120 – Medical laboratory technologists
- 33101 – Medical laboratory assistants and related technical occupations
- 31303 – Physician assistants, midwives and allied health professionals
- 32104 – Animal health technologists and veterinary technicians
- 32103 – Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
- 32121 – Medical radiation technologists
- 32122 – Medical sonographers
- 32110 – Denturists
- 32111 – Dental hygienists and dental therapists
- 32112 – Dental technologists and technicians
- 33100 – Dental assistants and dental laboratory assistants
- 32101 – Licensed practical nurses
- 32102 – Paramedical occupations
- 33102 – Nurse aides, orderlies and patient service associates
- 33103 – Pharmacy technical assistants and pharmacy assistants
- 33109 – Other assisting occupations in support of health services
Psychological and Investigative Professions
- 31200 – Psychologists
- 41301 – Therapists in counselling and related specialized therapies
- 41310 – Police investigators and other investigative occupations
Caregivers and Cleaning Services
- 44101 – Home support workers, caregivers and related occupations
- 65310 – Light-duty cleaners
Insurance, Food Services and Chefs
- 63100 – Insurance agents and brokers
- 62020 – Food service supervisors
- 62200 – Chefs
- 63200 – Cooks
- 63201 – Butchers – Retail and wholesale
- 65202 – Meat cutters and fishmongers – Retail and wholesale
Retail and Sales Positions
- 64100 – Retail salespersons and visual merchandisers
- 65200 – Food and beverage servers
- 65201 – Food counter attendants, kitchen helpers and related support occupations
Skilled Trades and Construction
- 72106 – Welders and related machine operators
- 72310 – Carpenters
- 72311 – Cabinetmakers
- 72400 – Construction millwrights and industrial mechanics
- 72402 – Heating, refrigeration and air conditioning mechanics
- 72405 – Machine fitters
- 72406 – Elevator constructors and mechanics
- 72420 – Oil and solid fuel heating mechanics
- 72421 – Appliance servicers and repairers
- 72422 – Electrical mechanics
- 72423 – Motorcycle, all-terrain vehicle and other related mechanics
- 72429 – Other small engine and small equipment repairers
- 73200 – Residential and commercial installers and servicers
- 73300 – Transport truck drivers
Labourers in Agriculture, Forestry and Industrial Processing
- 85100 – Livestock labourers
- 85101 – Harvesting labourers
- 84120 – Specialized livestock workers and farm machinery operators
- 85103 – Nursery and greenhouse labourers
- 85102 – Aquaculture and marine harvest labourers
- 85120 – Logging and forestry labourers
- 94141 – Industrial butchers and meat cutters, poultry preparers and related workers
- 94142 – Fish and seafood plant workers
- 94210 – Furniture and fixture assemblers, finishers, refinishers and inspectors
- 94211 – Assemblers and inspectors of other wood products
- 95100 – Labourers in mineral and metal processing
- 95101 – Labourers in metal fabrication
- 95102 – Labourers in chemical products processing and utilities
- 95103 – Labourers in wood, pulp and paper processing
- 95104 – Labourers in rubber and plastic products manufacturing
- 95106 – Labourers in food and beverage processing
- 95107 – Labourers in fish and seafood processing
These occupations are at the core of the RNIP’s second phase, which aims to enhance rural immigration and support the growth of rural communities across Canada. For comprehensive details on the RNIP, eligibility criteria, and application processes, prospective candidates should refer to the official Government of Canada immigration website.
Attracting Workers through Economic Immigration Programs
Canadian employers can look toward economic immigration as a viable means for filling job vacancies with international talent. They have access to two primary programs:
Temporary Foreign Worker Program (TFWP)
Under the TFWP, Canadian employers can recruit foreign workers to meet labor shortages. One notable component of the TFWP is the Global Talent Stream (GTS). The GTS offers:
- Expedited processing of Canadian work permits
- Visa applications processed within two weeks under normal circumstances
International Mobility Program (IMP)
The IMP allows Canadian employers to hire foreign nationals without the need for a Labor Market Impact Assessment (LMIA). This program focuses on broader economic, cultural, or other competitive advantages for Canada, along with reciprocal benefits for Canadians.
Express Entry System
In addition to these, employers can also take advantage of the Express Entry system to bring in foreign nationals. The Express Entry system is an online platform that facilitates the application process for skilled workers immigrating to Canada. It helps fill positions for which Canadian workers are not available.
By utilizing these streams, Canadian businesses can effectively meet their labor demands by sourcing skilled workers from an international pool.
