Canada Work Permit Rules for Temporary Foreign Workers 2024 | Complete Guide

A Canadian firm is required to disclose the salary it will pay when it approves the work permit application of a foreign worker. The employer should review the requirements of the immigration program, particularly the pay requirements, before beginning the application process.

Paying temporary foreign workers is a critical factor in both government compliance inspections and the processing of immigration applications.

General Rules

• An employer must guarantee that the salaries paid to a temporary foreign worker comply with government regulations before approving the worker’s work visa application.
• The hourly rate that will be shown on the employee’s pay stubs must be used by the employer to calculate the employee’s base pay. Pay must be precise and measurable. Tips, commissions, overtime, bonuses, benefits, and profit-sharing are not included in basic salaries.

Other compensation

Unionized Positions

The employer is responsible for making sure the employee is paid according to the collective agreement if the employment is unionized. Ensuring the employee is not at a disadvantage when compared to Canadian workers in comparable roles is the aim.

Even though the immigration program has its regulations, the salary should still be in line with the pay range outlined in the collective agreement. A copy of the collective agreement can be needed by the authorities while processing an application.

Temporary Foreign Worker Program (TFWP)

Wage standards in the TFWP vary based on the job location.

Employment Opportunities Across Canada, except for Quebec

The Job Bank website’s wage comparison function is used to calculate wages for positions outside of Quebec. The National Occupational Classification (NOC) code for the role is used by this tool. Wages paid to Canadian workers in the area for similar occupations can be compared by employers.

Companies are required to pay at least the hourly median wage that is specified for the area and occupation. Employers refer to the hourly median wage for the province or the national median wage if the tool does not provide the hourly median rate for the region.

Employment Opportunities in Quebec

Based on information from Statistics Canada, Emploi Québec’s Guide des salaires sets the wage standards for jobs in Quebec. Pay information is available for any occupation registered in the NOC through the Guide des Salaires. Employers are required to verify the salary criteria for a position based on the years of experience required.

Even if an employee has more experience, the employer still decides how much experience is needed.

A New Mandatory for Annual Reviews

Employers are required to examine the wages paid to temporary foreign workers at least once a year, starting on January 1, 2024. Depending on where the employment is located, employers must make sure salaries are paid following the Guide des salaries or the hourly median rate on the Employment Bank website. The exceptions are positions that are subject to a collective agreement, in which case the pay is set by the agreement.

International Mobility Program (IMP)

Wages in the IMP are also calculated via the Job Bank website’s salary comparison tool. Employers are required to pay at least the hourly median rate that applies to the region and occupation, which includes Quebec.

Inspections for compliance and modifications to working conditions

If an employer obtains a work permit under the TFWP or IMP for a temporary foreign worker, compliance inspections may be conducted. The salaries paid to the workers will be examined by the authorities during the inspection. Pay stub copies might be requested by them. Employers are responsible for making sure wages match the amounts listed in immigration applications and doing necessary annual salary checks.

Best Practices for Human Resources Professionals

HR specialists should maintain a current personnel table with the following information:

• Status expiry date
• Wage reported in the application
• NOC code
• Position held

Current wage

Employers and managers should get together to discuss salaries, utilizing the aforementioned resources. To guarantee compliance and preserve worker status, HR professionals should explain the implications of changes in employment terms. This article’s material is meant to serve as a general reference. For advice relevant to your situation, see an expert.