Temporary Foreign Worker Program Reforms

Effective immediately, require employers to pay temporary foreign workers at the prevailing wage by removing the existing wage flexibility.

In the past, employers had the flexibility to pay temporary foreign worker wages up to 15% below the prevailing wage for a higher-skilled occupation, and 5% below the prevailing wage for a lower-skilled occupation, provided they could demonstrate that the wage being paid to a temporary foreign worker was the same as that being paid to their Canadian employees in the same job and in the same location.

The vast majority of employers were offering wages at or more than the prevailing wage. Given the low uptake and the burdensome process, this option will no longer be available under the new wage policy.

Effective immediately, the Accelerated Labour Market Opinion process is temporarily suspended.

The Accelerated Labour Market Opinion process is temporarily suspended and under consideration to determine whether it is meeting its original objectives.

Eligible Occupations List

The eligible occupations stream will have an overall cap of 5,000 new applications and sub-caps of 300 applications in each of the 24 occupations on the list.

Eligible occupations (with their corresponding 2011 National Occupation Classification code):

• 0211 Engineering managers
• 1112 Financial and investment analysts
• 2113 Geoscientists and oceanographers
• 2131 Civil engineers
• 2132 Mechanical engineers
• 2134 Chemical engineers
• 2143 Mining engineers
• 2144 Geological engineers
• 2145 Petroleum engineers
• 2146 Aerospace engineers
• 2147 Computer engineers (except software engineers/designers)
• 2154 Land surveyors
• 2174 Computer programmers and interactive media developers
• 2243 Industrial instrument technicians and mechanics
• 2263 Inspectors in public and environmental health and occupational health and safety
• 3141 Audiologists and speech-language pathologists
• 3142 Physiotherapists
• 3143 Occupational Therapists
• 3211 Medical laboratory technologists
• 3212 Medical laboratory technicians and pathologists' assistants
• 3214 Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
• 3215 Medical radiation technologists
• 3216 Medical sonographers
• 3217 Cardiology technicians and electrophysiological diagnostic technologists, n.e.c. (not elsewhere classified)

Ottawa, March 28, 2013 — The world’s best and brightest entrepreneurs from around the world, with ideas for new business ventures and financial backing from Canadian investors, can apply to the brand-new Start-Up Visa Program as of April 1, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today.

“Canada is open for business to the world’s start-up entrepreneurs,” said Minister Kenney. “Innovation and entrepreneurship are essential drivers of the Canadian economy. That is why we are actively recruiting foreign entrepreneurs - those who can build companies here in Canada that will create new jobs, spur economic growth and compete on a global scale - with our new start-up visa.”

Canada’s Start-Up Visa Program is the first of its kind in the world. By providing sought-after entrepreneurs with permanent residency and access to a wide range of business partners, Canada hopes to become a destination of choice for start-up innovators which will help Canada remain competitive in the global economy.

CIC has worked with two umbrella organizations, Canada’s Venture Capital and Private Equity Association (CVCA) and the National Angel Capital Organization (NACO), to identify and designate the venture capital funds and angel investor groups that are keen to participate in the program. Immigrant entrepreneurs hoping to launch cutting-edge businesses in Canada and attain permanent resident status need the support of participating Canadian investors. A full list of designated venture capital funds and angel investor groups is now available on the Citizenship and Immigration Canada website.

"The CVCA and our individual members look forward to the launch of the Start-Up Visa Program,” said Peter van der Velden, President of the CVCA. “Our participating funds welcome the opportunity to take part in this first-of-its-kind program, which has the potential to help them attract best-in-class entrepreneurial talent to their Canadian-based investee companies.”

"There has been significant interest from both angels and entrepreneurs since the announcement of this program," said Michelle Scarborough, Chair of NACO. "Our angel group members across Canada are eager to participate, and we look forward to supporting the growth of new businesses and helping them to make their mark in Canada, further expanding our economy."

To apply for permanent resident status in Canada, the foreign entrepreneur must first secure a significant investment commitment from a designated Canadian angel investor group or venture capital fund. Applicants must also demonstrate language proficiency skills at a Canadian Language Benchmark 5 in listening, speaking, reading and writing, and have at least one year of education at a post-secondary institution.

“With our new start-up visa, we are opening the door to new and exciting opportunities for Canada’s economy to grow and prosper,” added Minister Kenney. “This is part of our government’s transformational changes to Canada’s immigration system that will make it fast, flexible, and focused on Canada’s economic needs.”

The Start-Up Visa Program is a pilot program that will run for five years. It is expected that due to the narrow focus of the program, initially, the number of applications will be limited. However, the focus of the program will be on the quality of the applicants and on establishing a track record of success.