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What is the Temporary Foreign Worker Program?

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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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Brian White scores second-half goal, earns Whitecaps 1-1 draw with Dynamo

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HOUSTON (AP) — Brian White scored in the second half to rally the Vancouver Whitecaps to a 1-1 draw with the Houston Dynamo on Wednesday night.

Houston (12-9-8) took a 1-0 lead into halftime after Ezequiel Ponce scored on a penalty kick in the seventh minute of stoppage time. Ponce’s third goal this season came after Amine Bassi drew a foul on Whitecaps midfielder Pedro Vite following a video review. It was Ponce’s sixth career appearance, all starts.

Vancouver (13-8-7) scored the equalizer in the 73rd minute when White, who entered in the 60th, used assists from Fafá Picault and Ryan Gauld to find the net for the 13th time this season. Picault’s assist was his fifth, matching his career high for a single season. Gauld’s assist gives him a career-best 13 on the season.

Yohei Takaoka, who had clean sheets in his last three starts, finished with one save in goal for the Whitecaps.

Steve Clark saved three shots for the Dynamo, who remain one point behind Vancouver in the Western Conference standings.

Houston, which was coming off a 4-1 victory over Real Salt Lake, has allowed just 33 goals this season.

Vancouver — 6-2-2 in its last 10 matches overall — leads the all-time series 10-9-6.

The Whitecaps remain on the road to play the Los Angeles Galaxy on Saturday. The Dynamo travel to play Austin FC on Saturday.

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AP MLS:

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First career goals by Tom Pearce, Nathan Saliba rally Montreal to 2-2 draw with Revolution

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FOXBOROUGH, Mass. (AP) — Tom Pearce and Nathan Saliba scored in the second half — the first goals of their careers — and CF Montreal rallied for a 2-2 draw with the New England Revolution on Wednesday night.

“In the second half, the guys came out a little more ambitious and above all, more connected,” Montreal head coach Laurent Courtois said. “It was a great second half of resilience and fighting spirit. Nathan and Sam were impressive.

“Impressive in covering the gaps and compensating for the teammates, and the individual defending – yes it’s true, it is a lot of weight on their shoulders, but that’s the job.”

New England (8-16-4) jumped out to a 1-0 lead in the 24th minute on Bobby Wood’s third goal of the season. Teenage defender Peyton Miller notched his first assist in his fourth career start and sixth appearance and Carles Gil picked up his ninth of the season. Peyton, at 16 years, 315 days old, is the eighth youngest player in league history to record his first assist.

The Revolution took a two-goal lead in the 35th minute and held it through halftime when 19-year-old Esmir Bajraktarevic took a pass from Gil and scored his third goal of the season and career in his first full season in the league. It was the 73rd regular-season assist in Gil’s career, tying him with Steve Ralston for the most in club history.

Montreal (7-12-10) pulled within a goal in the 54th minute when Pearce scored off a free kick after defender George Campbell drew a foul on New England’s Mark-Anthony Kaye. It was the first goal for Pearce in his third career start and fourth appearance.

“Playoffs are the goal. Maybe it wasn’t in the best form, but in the end, we are picking up a point,” Pearce said. “We came into this game confident, ready to play our own game. Everyone tries their best, whenever the players are called on, we are always ready, and we are always giving it our best.”

Montreal scored the equalizer in the 68th minute on the first career goal by Saliba, a 20-year-old midfielder. Saliba has made 34 starts and 48 appearances with Montreal in his two seasons in the league. Campbell snagged his second assist of the season and the third of his career.

“It’s an incredible feeling, it’s a goal I’ve been waiting for a long time. I’m extremely happy that I was able to score it and that it can help the team take this important point on the road,” Saliba said. “Pearce’s first goal gave us really good momentum and we kept up the pressure to go for a second goal. We got more solid defensively, and we came back ready after halftime, to push for these 3 points.”

Aljaz Ivacic finished with four saves in goal for the Revolution.

Jonathan Sirois stopped four shots for Montreal.

New England beat Montreal 5-0 on the road on Aug. 24.

New England leads the all-time series 16-13-4. Montreal improves to 5-8-2 on the road against the Revs.

The Revolution travel to take on Charlotte FC on Saturday. Montreal returns home to host the Chicago Fire on Saturday.

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Adolis García’s home run backs Cody Bradford as Rangers beat Blue Jays 2-0

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ARLINGTON, Texas (AP) — Adolis García hit a two-run home run in the sixth inning, Cody Bradford pitched seven strong innings after the worst start of his career, and the Texas Rangers beat the Toronto Blue Jays 2-0 on Wednesday night.

The win kept the defending World Series-champion Rangers alive in the AL West race, trailing first-place Houston by 10 games with 10 to play.

García launched an inside sinker over the left-field wall off Toronto starter Bowden Francis (8-5) after Wyatt Langford singled.

“He swings hard, he swings a lot,” Francis said of García. “I guess the velo was dropping during that time.”

Bradford (6-3) allowed five hits and no walks while striking out six.

The seven shutout innings are the most in a game during his two-year career. He was knocked out of his previous start after allowing career highs in hits (nine), runs (eight) and homers (three) in 3 2/3 innings in a 14-4 loss at Arizona.

“Throughout the week, you’ve got to try and digest what happened, see where I can make adjustments, whether it was just game plan went wrong or just poor execution, or a little bit of both,” Bradford said. “Then you flush it.”

Bradford was perfect through four innings before Alejandro Kirk opened the fifth with a smash back to the mound that caromed off Bradford’s left foot and rolled into right field for a single. It extended Kirk’s hitting streak to a career-high 12 games.

Spencer Horwitz’s double to left-center put runners on second and third with no outs before Bradford retired the next three batters.

Blue Jays manager John Schneider credited Bradford’s “deceptive fastball.”

“When you’re throwing 89, 92, you’ve got to have pretty good deception with that at this level,” Schneider said. “Kept us off balance.”

Kirby Yates pitched a perfect ninth inning for his 31st save in 32 opportunities.

Francis, who took no-hitters into the ninth inning in two of his previous four starts, allowed a double to Marcus Semien, the Rangers’ first hitter of the game. He gave up five hits and one walk in six innings.

Francis has a 1.96 ERA in nine starts with 54 strikeouts and seven walks since being moved back into the starting rotation in late July.

“I don’t even want to get complacent, on cruise control,” Francis said. “Just keep attacking.”

TRAINER’S ROOM

Blue Jays: SS Bo Bichette was a late scratch with a right middle finger contusion suffered during infield practice. Schneider said the team will get back x-rays on Thursday. Bichette was activated Tuesday following a calf injury and played for the first time in two months, going 2 for 5 with one RBI at the plate. … INF Will Wagner (left knee inflammation) will have the knee scoped on Thursday. Schneider said Wagner should be ready to start spring training. Wagner, son of former major leaguer Billy Wagner, was acquired from Houston at the trade deadline.

UP NEXT

Rangers rookie RHP Kumar Rocker (0-0, 2.25 ERA) will make his home debut against Blue Jays RHP Kevin Gausman (12-11, 4.02) in the series finale. Rocker allowed one run in four innings at Seattle last Thursday in his major league debut.

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AP MLB:

The Canadian Press. All rights reserved.



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