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 |
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