Hiring a High-Skilled Temporary Foreign Worker Through the Global Talent Stream

The Global Talent Stream (GTS) Program is one of the special Labour Market Impact Assessment (LMIA) programs. It was first introduced by Employment and Social Development Canada (ESDC) as a pilot project under the Temporary Foreign Worker Program (TFWP) and as part of the Government of Canada’s Global Skills Strategy (GSS) in June 12, 2017.

GTS is designed to help Canadian employers have access to highly skilled global talent for workforce expansion in Canada and for participation in a global scale. GTS provides eligible Canadian employers with priority processing of their LMIA applications within 10 business days and waives the standard recruitment requirements in accordance to the other special LMIA programs such as Seasonal Agricultural Workers Program, Agricultural Stream, Foreign In-Home Caregiver, and Foreign Academic.

Eligibility

The eligibility under GTS falls into two categories: “Category A: Employers seeking global talent to scale-up and grow” and “Category B: Employers seeking to fill high-skills shortages”

1. Category A: Employers seeking global talent to scale-up and grow

This category is intended to help eligible Canadian employers to recruit highly specialized talent with several factors considered such as education credentials, work experience and knowledge, and to be referred in the Global Talent Stream by one of the Stream’s designated partners as follows:

This list was released by ESDC on December 2019:

• Accelerate Okanagan
• Atlantic Canada Opportunities Agency
• BC Tech Association
• Burlington Economic Development Corporation
• Business Development Bank of Canada
• Canadian Economic Development for Quebec Regions
• Cape Breton Partnership
• City of Brampton
• City of Hamilton’s Economic Development Office
• City of Mississauga
• Communitech Corporation
• Council of Canadian Innovators
• Economic Development Winnipeg
• Edmonton Economic Development
• Federal Economic Development Agency for Southern Ontario
• Genesis (Newfoundland)
• Global Affairs Canada’s Trade Commissioner Service
• Government of Alberta, Alberta Labour and Immigration
• Government of British Columbia, Ministry of Jobs, Trade and Technology
• Government of Manitoba, Manitoba Education and Training
• Government of Nova Scotia, Nova Scotia Business Inc.
• Government of Ontario, Ministry of Economic Development, Job Creation, and Trade – Ontario Immigrant Nominee Program
• Government of Ontario, Ministry of Economic Development, Job Creation, and Trade – Ontario Investment Office
• Government of Prince Edward Island, Island Investment Development Inc.
• Government of Saskatchewan, Ministry of the Economy
• Halifax Partnership
• Tech Manitoba
• Innovation, Science and Economic Development Canada – Accelerated Growth Service
• Invest Ottawa
• Invest in Canada
• Kingston Economic Development Corporation
• Launch Academy
• London Economic Development Corporation
• MaRS Discovery District
• National Research Council – Industrial Research Assistance Program (NRC-IRAP)
• Privy Council Office, Special Projects Team
• Regional Municipality of Niagara
• Regional Municipality of York
• Sarnia-Lambton Economic Partnership
• Toronto Global
• Town of Oakville
• Vancouver Economic Commission
• Venn Innovation
• Waterloo Region Economic Development Corporation
• WindsorEssex Economic Development Corporation

OR

• Category B: Employers seeking to fill high-skills shortages

On the other hand, this category is intended to help eligible Canadian employers to recruit for high-skilled occupations that are experiencing labour market shortages. These occupations are found in the Global Talent Occupations List released by ESDC and consists of the following:

This list was released by ESDC on July 2019:

It is important to note that GTS applications can include multiple positions which are under different occupations and are being offered in different wages, unlike regular LMIA applications.

Application processing fee

Employers must pay $1000 for each position under the GTS, likewise regular LMIA applications.

Labour Market Benefits Plan (LMBP)

GTS Applications require an LMBP which replaces the Transition Plan form in regular LMIA applications. ESDC uses the LMBP to collect metrics for tracking job creation, skills, and training investments designed to benefit the Canadian economy through the employment of a highly skilled global talent.

The commitments in an LMBP will be divided based on Category A and Category B:

1. In Category A, eligible employers must commit to creating jobs for Canadians and permanent residents as a “mandatory benefit.t”

• In Category B, eligible employers must commit to increasing skills and training investments for Canadians and permanent residents as a “mandatory benefit.”

In addition to the commitments above, eligible employers must also commit to two complimentary benefits with at least one activity for each benefit. These benefits are to be identified by an employer in their LMBP and it cannot be the same as the mandatory benefit.

Examples of complementary benefits include:

• Skills: highly skilled foreign workers mentoring or training Canadians/permanent resident staff as well as to be given or assigned to projects
• Job creation: increasing the number of Canadians/permanent resident employees or providing paid co-op or internship opportunities to Canadians/permanent residents
• Company performance: increasing growth of revenue or employment investment

If an employer already has an approved LMBP and are submitting another application to the GTS for additional position (s), one does not have to submit a new LMBP. However, updates or additions to one’s existing LMBP may be required.

Recruitment

There is no minimum recruitment requirement for the GTS. However, employers are encouraged to recruit Canadians and permanent residents before offering a job to a temporary foreign worker, and one will be asked, as part of the application, to describe any recruitment efforts conducted.

Wages

Wages offered to temporary foreign workers (TFW) should be similar to wages paid to Canadian and permanent resident employees hired for the same job and work locations as well as with similar skills and years of experience.

Further, wages of TFWs must be reviewed and adjusted, when applicable, at least annually, to ensure they continue to receive the prevailing wage for the occupation and region where they are employed.

Job duties and working conditions

TFWs hired through the TFWP must only perform duties corresponding to the occupation they were hired for. Employment of TFWs are protected under the Canadian law and exploitation of TFWs is considered a violation of Canadian laws and human rights.

Workplace safety

Employers must ensure that the TFWs under the TFWP are covered from the provincial or territorial workplace safety insurance provide, where required by law.

Language restriction

English or French are the only languages you can identify as a job requirement in your application and job advertisement. However, if another language is essential for the job, one must provide a justification on the application.

Unionized positions

If employers are looking to hire TFWs for positions covered under a collective agreement, one must:

• Advertise and offer the same wage rates as those established under the collective agreement
• Offer TFWs the same terms and conditions as Canadian and permanent resident workers
• Submit a copy of the section of the collective agreement on the wage structure

In addition, hiring of TFWs must not affect current nor foreseeable labour disputes happening at the workplace.

Employer compliance

Employers must comply with all the TFWP requirements for the job position being requested.

Canada’s aim

Canada is committed to welcoming immigrants and continues to increase its immigration cap every year. Together with its departments such as the Employment and Social Development Canada and the Immigration, Refugees and Citizenship Canada, the Global Talent Stream program was introduced and was designed to help Canadian employers have access to highly skilled temporary foreign workers or highly skilled global talents for expansion and competitiveness in a global scale. Canada ensures that these temporary foreign workers are protected under the Canadian laws and human rights as well as its respective provincial or territorial legislations that deals with labour and employment standards. Canada also ensures that hiring these global talents will contribute and benefit to job creation, skills and experience enhancement, and training investments of Canadians and permanent residents.