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Recognized Employer Pilot (REP) Coming Soon

Updated: Apr 7


Who:

Employers must have received at least 3 positive LMIAs in the past 5 years (since 2018 for Phase 1 and since 2019 for Phase 2)

What:

Recognized Employers will be eligible for: - LMIAs valid for up to 36 months (instead of 6) - a simplified LMIA application process through the LMIA Online Portal to hire additional foreign workers in REP occupations

When:

- Phase 1 will be rolled out in September 2023 for employers in Primary Agricultural REP occupations. - Phase 2 will begin in January 2024 and will be open to qualifying employers of occupations on the REP occupations list.

End Date:

ESDC will stop accepting REP applications in September 2024. However, employers enrolled in the REP can continue to submit requests using a simplified LMIA process during the pilot to fill positions that were approved in previous LMIAs if they need to hire more TFWs. The REP will end in fall 2026. The pilot will be available for REP employers to hire TFWs for work that starts no later than the 2026 calendar year.


On August 8, 2023, Employment and Social Development Canada (ESDC) announced the "Recognized Employer Pilot" (REP) which they are touting as the "Trusted Employer system" which was promised by both the Liberals and the Conservatives in their 2021 election campaigns. However the Recognized Employer Pilot falls short of the promised "Trusted Employer system."


The promise was a system to streamline and make easier the process used by employers to apply for a Labour Market Impact Assessment in support of a work permit for Temporary Foreign Workers (TFWs). Currently the process is costly, labour intensive and often hard for employers to navigate. LMIA applications are often refused for failing to properly advertise positions according to ESDC's strict guidelines which Service Canada officers follow as if they are required by law.


Instead the REP, which will be rolled out in two phases, appears primarily to benefit employers of foreign workers in Primary Agricultural and large corporate employers. In order to be eligible to apply for the REP, employers must have received at least 3 positive LMIAs in the past 5 years (since 2018 for Phase 1 and since 2019 for Phase 2) to hire foreign workers in positions on the REP occupations list. It is currently unclear whether the 3 positive LMIAs have to have been for the same occupation on the REP occupations list, or whether having received positive LMIAs for any 3 REP occupations on the list will work.


Phase 1 will be rolled out in September 2023 for employers in Primary Agricultural REP occupations. Phase 2 will begin in January 2024 and will be open to qualifying employers of occupations on the REP Phase 2 occupations list. See the list of qualifying REP occupations below.


Employers who are found to qualify will benefit from:

  • LMIAs valid for up to 36 months (instead of 6*)

  • a simplified LMIA application process through the LMIA Online Portal to hire additional foreign workers in REP occupations

  • fewer points of contact with ESDC during the pilot

  • a Job Bank designation that shows REP status

Employers who qualify can choose to be assessed for the REP at the same time as their next LMIA application.


All other normal LMIA program requirements will continue to apply to Recognized Employers including advertising, paying at or above the median prevailing wage, the $1000 application fee, proving business legitimacy, and providing a transition plan, health insurance, transportation costs, and housing if required by the type of LMIA.


Employers will not be eligible for the REP if they:

  • have received a negative LMIA

  • have been found non-compliant

  • have had significant allegations made against them of putting the health and safety of TFWs at risk

  • have failed to meet requirements associated with compliance inspections

Global Talent Stream occupations are not included in the list of qualifying REP occupations.


Employers who are not eligible for the REP will continue to be permitted to apply for LMIAs and will not be disadvantaged by their ineligibility for the REP. Very few small and medium sized employers will qualify for the REP.


ESDC will stop accepting REP applications in September 2024. However, employers enrolled in the REP can continue to submit requests using a simplified LMIA process during the pilot to fill positions that were approved in previous LMIAs if they need to hire more TFWs.


The REP will end in fall 2026. The pilot will be available for REP employers to hire TFWs for work that starts no later than the 2026 calendar year. The REP 3-year LMIA validity won’t apply for unfilled positions beyond 2026, when the pilot ends.


*As of May 2024, general LMIA validity will again decrease to 6 months from 18 months. REP LMIA validity will remain 3 years. This means that the employer for a regular LMIA will have 6 months to name a foreign worker to the LMIA and for the foreign worker to apply for an LMIA based work permit






REP Occupations List


Phase 1 - Primary Agriculture REP Occupations List

NOC code 2011

NOC code 2021

Occupation

8431

85100

Livestock labourers

8431, 8611

85101

Harvesting labourers

8431

84120

Specialized livestock workers and farm machinery operators

8432

85103

Nursery and greenhouse labourers

Phase 2 - REP Occupations List

NOC code 2021

Occupation

20010

Engineering managers

20011

Architecture and science managers

21321

Industrial and manufacturing engineers

21322

Metallurgical and materials engineers

21200

Architects

21201

Landscape architects

21202

Urban and land use planners

21203

Land surveyors

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

31303

Physician assistants, midwives and allied health professionals

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

32120

Medical laboratory technologists

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

32109

Other technical occupations in therapy and assessment

31200

Psychologists

41301

Therapists in counselling and related specialized therapies

41310

Police investigators and other investigative occupations

44101

Home support workers, caregivers and related occupations

65310

Light-duty cleaners

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

64100

Retail salespersons and visual merchandisers

65200

Food and beverage servers

65201

Food counter attendants, kitchen helpers and related support occupations

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

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

94210

Furniture and fixture assemblers, finishers, refinishers and inspectors

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



A man in a green shirt working on a piece of metal in Canada.




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