There have been some recent changes in hiring a temporary foreign worker in Canadian province of British Columbia.
Employers must follow these steps:
1. Apply for a certificate of Registration
- This includes programs such as Temporary Foreign Worker Program (TFWP), Seasonal Agriculture Worker Program (SAWP), Home Child Care Provider or Home Support Worker pilots and any other programs that require a Labour Market Impact Assessment (LMIA).
- When hiring a domestic worker, an employer needs to register the worker within 30 days of hiring them with the Employment Standards Branch.
- As an excluded employer and one that currently employs foreign workers and do not plan to hire extra workers and only hire foreign workers under the Provincial Nominee Program (PNP) or federal International Mobility Program (IMP) DO NOT need to register.
2. Become a registered employer
- Once approved, a certificate of registration valid for 3 years are issued to employers. Employers must renew their certificate of registration before it expires. It is prohibited to hire a foreign worker with an expired registration certificate.
- What happens when your application is not approved? Employers are allowed to submit a request for reconsideration within a 30 days period.
3. Apply for a Labour Market Impact Assessment (LMIA)
- Most employers need an LMIA before they can hire a temporary foreign worker and this confirms that the temporary foreign worker is needed. Before applying, an employer must first get a certificate of registration as stated in step 2.
4. Hire a temporary foreign worker
- If an employer were to be dishonest or unfair and do not follow the law, their certificate of registration may be cancelled or suspended.
For more information about changes in BC for temporary foreign workers, please visit: https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/hiring/hire-temporary-foreign-workers/register-as-employer
Nikola Misina, Partner
RCIC & ICCRC Member R524218