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What is the Temporary Foreign Worker Program?

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Shaking hands in front of a Canadian flag

 

The Temporary Foreign Worker Program (TFWP) is a government program administered by Employment and Social Development Canada (ESDC) and Immigration Refugees and Citizenship Canada (IRCC); to allow companies to hire temporary foreign workers (TFWs) where there is a need for them in the Canadian labour force, and for foreign workers to seek employment with companies in Canada.

The program allows Canadian employers to hire talent from abroad to meet labour shortages within Canada while ensuring that workers in Canada receive first preference for these roles.

The government offers a multitude of different programs (over 100) by which foreign nationals may work in a Canadian company temporarily – these are classified broadly into either the TFWP or the International Mobility Program (IMP). The main difference (among many) between these two programs is the need for a Labour Market Impact Assessment (LMIA) for the TFWP.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm

What is an LMIA?

To successfully work under the TFWP as a foreign worker, one needs to obtain a positive or neutral LMIA, in order to receive a Temporary Work Permit.

The LMIA is Canada’s labour market test. Companies are required to submit an LMIA before hiring a foreign worker, to determine whether there will be a positive or neutral impact on Canada’s labour market, should the employer choose to hire said worker.

Employers should be aware of the requirements that follow the application for an LMIA, including wages, advertisement efforts, exceptions to advertising requirements, and the application process and waiting times for an LMIA.

Completing an LMIA is the first step an employer must undergo when they are looking to hire a foreign worker under the TFWP.

Exemptions to the LMIA

There are also exemptions to the need for an LMIA. For example, jobs that do not fall under the purview of the TFWP; as well as offers to foreign nationals that are done through the IMP, do not require an LMIA. There are also Quebec-specific exemptions and variations to the LMIA.

Specialized Applications

The TFWP also features specialized applications, which employers can apply for, if the TFW’s profession falls under specific categories or if their application/hiring is within the circumstances outlined.

These special professions include:

Specialized applications are additionally relevant in circumstances where TFWs are:

Non-compliant Employers and Foreign Worker’s Rights

Employers must observe a large degree of compliance when hiring a temporary foreign worker. If an employer is found to be non-compliant with the required standards, they can be subject to either, or both a:

  • Monetary penalty
  • A ban from hiring temporary workersx

These non-compliant companies are even listed in a directory on the IRCC website.

Even TFWs are given rights under Canadian law. Among these, an employer must:

  • Pay for the work of a TFW
  • Ensure the workplace is safe for them
  • Give TFWs breaks during the work day, and time off
  • Respect the terms of the written contract

Similarly, an employer cannot:

  • Force a TFW to perform duties that they were not hired or trained to do
  • Force a TFW to work if they are sick or injured
  • Take their passport or work permits away from them
  • Have a TFW deported from Canada, or change their immigration status
  • Make a TFW pay the employer back for fees they paid to hire them

The TFWP provides a pathway for Canadian companies to pick and hire the best and most needed talent from around the world, to help aid and grow their businesses; while simultaneously allowing foreign nationals the opportunity to live, work, and potentially even immigrate fully to Canada.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm

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A linebacker at West Virginia State is fatally shot on the eve of a game against his old school

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CHARLESTON, W.Va. (AP) — A linebacker at Division II West Virginia State was fatally shot during what the university said Thursday is being investigated by police as a home invasion.

The body of Jyilek Zyiare Harrington, 21, of Charlotte, North Carolina, was found inside an apartment Wednesday night in Charleston, police Lt. Tony Hazelett said in a statement.

Hazelett said several gunshots were fired during a disturbance in a hallway and inside the apartment. The statement said Harrington had multiple gunshot wounds and was pronounced dead at the scene. Police said they had no information on a possible suspect.

West Virginia State said counselors were available to students and faculty on campus.

“Our thoughts and prayers are with Jyilek’s family as they mourn the loss of this incredible young man,” West Virginia State President Ericke S. Cage said in a letter to students and faculty.

Harrington, a senior, had eight total tackles, including a sack, in a 27-24 win at Barton College last week.

“Jyilek truly embodied what it means to be a student-athlete and was a leader not only on campus but in the community,” West Virginia State Vice President of Intercollegiate Athletics Nate Burton said. “Jyilek was a young man that, during Christmas, would create a GoFundMe to help less fortunate families.”

Burton said donations to a fund established by the athletic department in Harrington’s memory will be distributed to an organization in Charlotte to continue his charity work.

West Virginia State’s home opener against Carson-Newman, originally scheduled for Thursday night, has been rescheduled to Friday, and a private vigil involving both teams was set for Thursday night. Harrington previously attended Carson-Newman, where he made seven tackles in six games last season. He began his college career at Division II Erskine College.

“Carson-Newman joins West Virginia State in mourning the untimely passing of former student-athlete Jyilek Harrington,” Carson-Newman Vice President of Athletics Matt Pope said in a statement. “The Harrington family and the Yellow Jackets’ campus community is in our prayers. News like this is sad to hear anytime, but today it feels worse with two teams who knew him coming together to play.”

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AP college football: and

The Canadian Press. All rights reserved.

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Hall of Famer Joe Schmidt, who helped Detroit Lions win 2 NFL titles, dies at 92

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DETROIT (AP) — Joe Schmidt, the Hall of Fame linebacker who helped the Detroit Lions win NFL championships in 1953 and 1957 and later coached the team, has died. He was 92.

The Lions said family informed the team Schmidt died Wednesday. A cause of death was not provided.

One of pro football’s first great middle linebackers, Schmidt played his entire NFL career with the Lions from 1953-65. An eight-time All-Pro, he was enshrined into the Pro Football Hall of Fame in 1973 and the college football version in 2000.

“Joe likes to say that at one point in his career, he was 6-3, but he had tackled so many fullbacks that it drove his neck into his shoulders and now he is 6-foot,” said the late Lions owner William Clay Ford, Schmidt’s presenter at his Hall of Fame induction in 1973. “At any rate, he was listed at 6-feet and as I say was marginal for that position. There are, however, qualities that certainly scouts or anybody who is drafting a ballplayer cannot measure.”

Born in Pittsburgh, Schmidt played college football in his hometown at Pitt, beginning his stint there as a fullback and guard before coach Len Casanova switched him to linebacker.

“Pitt provided me with the opportunity to do what I’ve wanted to do, and further myself through my athletic abilities,” Schmidt said. “Everything I have stemmed from that opportunity.”

Schmidt dealt with injuries throughout his college career and was drafted by the Lions in the seventh round in 1953. As defenses evolved in that era, Schmidt’s speed, savvy and tackling ability made him a valuable part of some of the franchise’s greatest teams.

Schmidt was elected to the Pro Bowl 10 straight years from 1955-64, and after his arrival, the Lions won the last two of their three NFL titles in the 1950s.

In a 1957 playoff game at San Francisco, the Lions trailed 27-7 in the third quarter before rallying to win 31-27. That was the NFL’s largest comeback in postseason history until Buffalo rallied from a 32-point deficit to beat Houston in 1993.

“We just decided to go after them, blitz them almost every down,” Schmidt recalled. “We had nothing to lose. When you’re up against it, you let both barrels fly.”

Schmidt became an assistant coach after wrapping up his career as a player. He was Detroit’s head coach from 1967-72, going 43-35-7.

Schmidt was part of the NFL’s All-Time Team revealed in 2019 to celebrate the league’s centennial season. Of course, he’d gone into the Hall of Fame 46 years earlier.

Not bad for an undersized seventh-round draft pick.

“It was a dream of mine to play football,” Schmidt told the Detroit Free Press in 2017. “I had so many people tell me that I was too small. That I couldn’t play. I had so many negative people say negative things about me … that it makes you feel good inside. I said, ‘OK, I’ll prove it to you.’”

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Coastal GasLink fined $590K by B.C. environment office over pipeline build

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VICTORIA – British Columbia‘s Environment Assessment Office has fined Coastal GasLink Pipeline Ltd. $590,000 for “deficiencies” in the construction of its pipeline crossing the province.

The office says in a statement that 10 administrative penalties have been levied against the company for non-compliance with requirements of its environmental assessment certificate.

It says the fines come after problems with erosion and sediment control measures were identified by enforcement officers along the pipeline route across northern B.C. in April and May 2023.

The office says that the latest financial penalties reflect its escalation of enforcement due to repeated non-compliance of its requirements.

Four previous penalties have been issued for failing to control erosion and sediment valued at almost $800,000, while a fifth fine of $6,000 was handed out for providing false or misleading information.

The office says it prioritized its inspections along the 670-kilometre route by air and ground as a result of the continued concerns, leading to 59 warnings and 13 stop-work orders along the pipeline that has now been completed.

This report by The Canadian Press was first published Sept. 12, 2024.

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