Temporary Foreign Worker Program – Moratorium

Posted on April 29, 2014

The Temporary Foreign Worker Program is a program of last and limited resort, to be accessed by employers facing genuine, acute labour shortages, and only after Canadians are not available to fill the job. In support of this Program mandate, on , the Minister of ESDC issued three Ministerial Instructions, one of which is the Refusal to Process Labour Market Opinions (LMO) if there is new information indicating that the employment of the foreign national in any portion, sector, region or occupational group of the labour market in Canada may or will have a significant negative effect on the Canadian labour market.

After careful analysis of significant new information, including from Canadians through Service Canada’s Confidential Tip Line, the Minister of ESDC has directed officials to establish a moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program.

Effective immediately, ESDC will no longer process LMOs for occupations in the Food Services Sector.

LMOs will not be processed for occupations classified by the 2002 North American Industrial Classification System (NAICS 2002) in Food Services and Drinking Places (NAICS subsector 722). Specifically, certain occupations related to sales and service and sales and service management as set out in the National Occupational Classification (NOC 2006). For a full list of occupations for which LMOs will not be processed, please click here.

Employers that have submitted applications and paid the processing fee, but have not yet received an LMO, will be refunded the full processing fee. Any unused positions on positive LMOs that have been issued to employers for these sectors will be suspended and therefore will no longer be able to be used to obtain a worker permit.

For more information, please click here.


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