A Step-by-Step Guide to Hiring Foreign Workers in British Columbia

Employment and Social Development Canada (ESDC) recently announced several updates to the Temporary Foreign Worker Program (TFWP), designed to improve worker protections and increase compliance standards for employers. These changes are especially important for businesses in British Columbia that rely on LMIAs to hire foreign workers or for individuals holding or seeking LMIA-based work permits.

‍

"It’s also worth noting that applications submitted before the changes take effect will follow the rules in place at the time of submission."

‍

Higher Wage Thresholds for High-Wage Stream

Starting November 8, 2024, the minimum wage for high-wage stream positions will increase to 20% above the provincial median wage. This adjustment means that many roles previously classified under the high-wage stream may now fall into the low-wage stream, which operates under different compliance requirements.

"Expect a significant increase in jobs being reclassified as low-wage positions due to the new wage thresholds."

‍

Low-Wage Stream: Reclassification and Requirements

With the new wage thresholds, many roles that previously met high-wage criteria will now fall under the low-wage stream. This shift means these roles will be subject to the existing low-wage requirements, including housing and transportation provisions, but will no longer need to meet the new, elevated high-wage thresholds. For businesses, this change requires a close look at workforce planning and compliance to adapt to the reclassification.

"More jobs moving into the low-wage stream may reduce compliance requirements around housing and transportation."

‍

‍

New Compliance Measures and Business Legitimacy

Enhanced compliance checks will include random audits and more rigorous business legitimacy assessments. ESDC now relies on data-sharing agreements to validate employers’ eligibility, reducing the role of attestations from external accountants or lawyers. For businesses, this shift requires careful attention to documentation and compliance to avoid penalties.

"New compliance audits mean BC businesses must closely adhere to TFWP regulations to avoid penalties."

‍

Enhanced Worker Protections

The updated TFWP regulations emphasize worker protection, ensuring that foreign employees can report unsafe working conditions or unfair treatment without fear of retaliation. Employers are now held to higher standards for workplace safety and fair wages, emphasizing the need for a safe and equitable environment for foreign workers.

"Stronger worker protections mean businesses must ensure compliance with fair treatment and safety regulations."

‍

What This Means for BC Employers and Workers

‍

For industries such as construction, hospitality, and manufacturing in BC, these changes mean reassessing hiring strategies, wage planning, and compliance needs. Employers will need to plan around potential reclassification into the low-wage stream, which may bring about different workforce planning and management strategies.

For workers on or seeking an LMIA-based work permit. The maximum employment duration for low-wage roles has been reduced to one year, so individuals in these roles will need to plan for future extensions or new employment sooner than expected.

"More jobs falling under the low-wage stream mean tighter hiring conditions for businesses and workers alike."

‍

‍

Final Thoughts

‍

The 2024 TFWP reforms signal a significant shift for BC businesses and workers. Staying updated on these changes will help employers remain compliant and support workers in navigating new conditions.

Need Help Navigating the Changes?

‍
We’re here to assist businesses and workers in understanding how these new regulations affect their LMIA applications and work permits. Contact us for guidance and support in navigating the TFWP updates.

If you’re finding it hard to hire locally, the Labour Market Impact Assessment (LMIA) is a great tool for bringing in foreign talent. It’s the Canadian government’s way of making sure that hiring internationally is only necessary when there aren’t qualified locals. But how does the LMIA process work, and how can it benefit your business in the long term?

‍
How to Get an LMIA: A Simple Breakdown
‍

Step 1: Post the Job Locally

The first thing you need to do is post your job on platforms like the Government Job Bank for a minimum of four weeks. You also need to advertise in other channels like industry-specific job boards or local newspapers. This step shows that you’ve made a genuine effort to hire locally.

‍

"Struggling to find local talent? The LMIA can open doors to hiring top foreign workers."

‍

Step 2: Keep Track of Your Recruitment Efforts

‍

You’ll need to document everything—from where you posted the job to the interviews you conducted. It’s important to show that you did your best to hire Canadian citizens or permanent residents and explain why those candidates weren’t a fit.

‍

Step 3: Submit the LMIA Application

Once your recruitment period is over, it’s time to submit your LMIA application to Service Canada. You’ll include all your documentation, and yes, it can feel like a lot! But here’s the good news: after approval, you’ll be able to hire a foreign worker. This part of the process can take around 8 to 16 weeks, so plan accordingly.

‍

‍

The Benefits of an LMIA for Your Business

Here’s where it gets interesting. Hiring through the LMIA process doesn’t just fill your open roles—it offers some unique benefits that can have a lasting impact on your company.

‍

"Boost retention with closed work permits—foreign workers hired under an LMIA are more likely to stay long-term."

‍

"Knowledge transfer is a powerful benefit of hiring globally—bring fresh skills and perspectives to your team."

‍

1. Employee Retention Through Closed Work Permits
   When you hire a foreign worker with an LMIA, they receive a closed work permit, meaning they can only work for your company. This provides stability because your new hire is committed to working with you for the duration of their permit, typically one to two years. It’s a great way to reduce turnover and increase retention, especially for roles that are hard to fill.
   ‍
2. Knowledge Transfer
   When you bring in global talent, you’re not just filling a job—you’re enriching your team. Foreign workers often bring unique skills and perspectives that can lead to knowledge transfer within your company. Whether it’s new ideas, methods, or technical expertise, your local team can benefit from the fresh perspective your new hire brings.
   ‍
3. Bridging Skills Gaps
   Some industries in Canada face chronic skills shortages, like tech or construction. By using the LMIA to hire internationally, you can bridge these gaps and keep your business running smoothly. It’s a strategic way to bring in specialized talent that might not be available locally.
   ‍
4. Long-term Planning
   Many foreign workers aim to become permanent residents, which means that while you’re filling an immediate need, you’re also potentially gaining a long-term employee. This offers stability for your team and helps you avoid constantly filling the same positions over and over.

‍

‍

Timelines to Expect

The LMIA process can take a bit of time, so it’s important to plan ahead. Here’s a rough timeline:

• Job Posting: 4 weeks minimum.
• Recruitment Documentation: 1 to 2 weeks to organize all your records.
• Service Canada Processing: 8 to 16 weeks, depending on the role and region.
• Work Permit Processing: After LMIA approval, it can take another 1 to 2 months, depending on the worker’s country of origin.

‍

"Plan ahead: the LMIA process takes around 3 to 4 months from start to finish."

‍

All in all, you’re looking at a total timeline of about 3 to 4 months from start to finish. While it takes time, the long-term benefits—like retention and access to specialized talent—can make it well worth the effort.

‍

"The LMIA isn’t just about filling vacancies, it’s a strategic solution for long-term growth."

‍

Need Help Navigating the LMIA Process?

If you’re ready to hire globally but need help navigating the LMIA process, contact us today. We can streamline the process and ensure you’re set up for success.

‍

‍

Investing in HR: Transforming Your Business

‍

Human Resources (HR) isn't just a department; it's the heartbeat of any thriving organization. Yet, many businesses underestimate the profound impact a robust HR function can have. Investing in HR can truly transform your business.

‍

Key Areas of HR Impact

‍

HR goes beyond hiring and firing. It's about fostering a positive workplace culture, ensuring compliance with laws and regulations, developing employees, and much more. Here’s how HR makes a difference:

‍

• Talent Acquisition and Retention: Effective HR practices attract top talent and keep them engaged, reducing turnover and saving hiring costs.
• Employee Development: Continuous training and development programs enhance skills and keep employees motivated and loyal.
• Conflict Resolution: HR professionals are skilled in resolving workplace conflicts, fostering a harmonious and productive environment.
• Compliance and Risk Management: Ensuring compliance with employment laws protects the company from legal issues and financial penalties.
• HR Strategy: Developing long-term strategies that align HR initiatives with business goals to drive success and growth.
• Workplace Accommodations: Creating inclusive environments by providing reasonable accommodations for employees with diverse needs.

‍

Why Fractional HR Services?

‍

Not every business can afford a full-time HR department, but that doesn’t mean they should miss out on expert HR support. Fractional HR services offer a flexible, cost-effective solution, providing access to top-tier HR expertise without the overhead of a full-time hire. This approach allows businesses to scale their HR needs according to their growth and specific challenges.

‍

‍

Our Passion for the Public Sector

‍

At Evoke HR, we work with a wide variety of clients but have a special passion for the public sector, including local government, emergency services, education, and Indigenous organizations. We are dedicated to supporting both Indigenous and non-Indigenous organizations in these critical areas, ensuring they have the HR support they need to thrive.

‍

Real-World Impact: Case Studies from Evoke HR

‍

Case Study 1: Fractional HR for a Professional Services Firm

‍

One of our longstanding clients, a professional services firm, sought expert HR support but preferred an external partner due to their small size. Despite having internal HR in the past, they needed more expertise to handle complex situations and stay up to date with legislation. Over the years, Evoke HR has provided invaluable support, enhancing performance, addressing workplace accommodations, resolving interpersonal conflicts, and drafting and implementing workplace policies. This partnership has allowed the firm to focus on its core business while ensuring its HR needs are expertly managed.

‍

Case Study 2: Compensation Review and Job Evaluation Project

‍

Another example is a comprehensive project we undertook for a client needing an external compensation review and job evaluation implementation. The client had no job evaluation system, and their compensation structure lacked alignment with the market. Here’s what we achieved:

‍

• Data Collection: We gathered detailed information on over 200 unique positions to understand the roles and responsibilities accurately.
• Designing the Job Evaluation System: We recommended and created a job evaluation system tailored to the client’s needs, ensuring it was fair and equitable.
• Market Review: We conducted an extensive external compensation review to align the client’s pay structure with market standards.
• Job Evaluation Implementation: Each position was evaluated and placed within the new system, ensuring consistency and fairness across the organization.
• New Salary Framework: We developed a comprehensive new salary framework that addressed market competitiveness and internal equity.
• Guidelines and Documentation: Created and provided guidelines, documents, forms, and workflows for both employees and managers to facilitate the new system.
• Communication and Consultation: Throughout the project, we maintained regular communication and consultation to ensure organizational understanding, buy-in, and support change management.

‍

The outcome of this project was a competitive pay structure and a fair, equitable job evaluation system that brought consistency and equity across the organization. The client now benefits from a robust compensation framework that supports their strategic objectives and enhances their ability to attract and retain top talent.

‍

Don’t wait for challenges like tricky terminations or habitual absenteeism to seek HR help. Start a proactive relationship with Evoke HR today. By implementing sustainable people practices now, you can prevent issues before they arise, ensuring a smoother, more efficient operation. Contact us to get started and experience the transformative power of expert HR support.

‍

Exciting Projects at Evoke HR

‍

At Evoke HR, we’ve had the pleasure of working on a variety of impactful and engaging projects:

‍

• Compensation Reviews: Helping businesses ensure their pay structures are competitive and fair.
• Job Evaluation Implementation: Developing systems to evaluate and define the value of various roles within an organization.
• Workplace Investigations: Conducting thorough investigations to resolve conflicts and promote a safe working environment.
• Policy and Employee Handbook Development: Crafting detailed policies and comprehensive handbooks that align with company values and legal requirements.
• Job Description Drafting: Creating clear and effective job descriptions that attract the best candidates.
• Recruitment: Helping businesses find and hire top talent to drive their growth.
• How-To Guides: Developing practical guides to assist managers and employees in navigating various HR processes.
• Organizational Design: Structuring organizations to optimize efficiency and effectiveness.
• Workplace Accommodations: Implementing accommodations to support employees with disabilities, ensuring a more inclusive and supportive work environment.

‍

The Risks of Neglecting HR

‍

Ignoring HR can lead to high turnover rates, low employee morale, legal troubles, and, ultimately, a decline in business performance. Investing in HR is investing in the future of your business. By prioritizing HR, you ensure compliance, resolve conflicts, and foster a culture of growth and innovation.

‍

Transform Your Business with Evoke HR

‍

HR is not just an operational necessity; it's a strategic asset that can transform your business. At Evoke HR, we’re here to support you with a range of services designed to meet your unique needs and drive your success. Let’s work together to create a thriving, productive workplace.

‍