Immigration laws and policies change frequently. In order for employers to effectively utilize immigration as a tool to grow their businesses and ensure ongoing compliance with immigration rules, it is important for employers to continuously stay up to date on changes to immigration laws and policies.

This bulletin summarizes ten recent changes to immigration laws and policies that employers should be aware of that were introduced in the second half of 2023, as well as anticipated changes to look out for in 2024. For a summary of the changes for the first half of 2023, please refer to our previous bulletin, " Recent Immigration Updates: Ten Changes Employers Should Know."

  1. Effective June 15, 2023, the Government of Canada expanded the Francophone Mobility Program for temporary foreign workers with proficiency in French to work in Canada. Employers can now make a job offer to an eligible candidate with a CLB level 5 in French (listening and speaking) for all occupations, except for jobs in primary agriculture, to work outside of the province of Quebec. Previously, the occupation had to be classified under Training, Education, Experience & Responsibility (TEER) levels 0 through 3 under the National Occupational Classification (NOC) system and the minimum French level proficiency was CLB level 7 in listening, speaking, reading and writing.
  2. Effective September 12, 2023, eligible employers from all provinces may hire temporary foreign works through the Recognized Employer Pilot program (REP). The REP offers a streamlined approach for employers who regularly access the Temporary Foreign Worker Program (TFWP) to fill positions for in-demand fields from the REP occupation list and meet the highest standards for working and living conditions, and temporary foreign worker protection. Recognized employers can receive the following benefits: (i) Labour Market Impact Assessment (LMIA) work permits valid for up to three years, instead of two years; and (ii) simplified LMIA applications.
  3. Effective October 19, 2023, the Government of Canada launched the CAN Work Philippines pilot program, which aims to streamline work permit processing for eligible Canadian employers and allow employers to schedule group appointments for medical examinations and biometrics for potential employees, so that skilled workers in the Philippines can come to Canada. The pilot program is only open to employers recruiting from the Philippines and hiring at least 50 temporary foreign workers, or for critical occupations in sectors, such as health care, construction and agri-food.
  4. Effective October 26, 2023, the validity period of LMIA approval letters were reduced from 18 months to 12 months. This means that temporary foreign workers must apply for a work permit within 12 months from the issue date of the LMIA approval letter.
  5. Effective November 23, 2023, the Ministère de l'Immigration, de la Francisation et de l'Intégration (MIFI) has eliminated the work experience requirement for international students that are otherwise eligible to apply for a Quebec Selection Certificate (CSQ) under the “Quebec Graduate” Stream of the Quebec Experience Program (PEQ). This change will allow Quebec graduates to expedite their permanent selection upon graduation, as opposed to having to wait to cumulate full-time work experience in Quebec before becoming eligible to apply.
  6. Effective December 7, 2023, the waiver on the 20-hour-per-week limit on the number of hours international students are allowed to work off campus while class is in session was extended to April 30, 2024, from December 31, 2023. International students already in Canada, as well as applicants who have already submitted an application for a study permit as of December 7, 2023, will be able to work off campus more than 20 hours per week until that time.
  7. As of December 11, 2023, employers can now submit unnamed LMIA applications for positions in Quebec (with some exceptions). Moreover, the MIFI has announced that TFWP applications can be submitted through their online platform, Arrima.
  8. Effective January 1, 2024, employers of temporary foreign workers on LMIA work permits are required to annually review temporary foreign workers' wages to ensure that they reflect increases to prevailing wage rates for their given occupation and region of work. The wage review will be applicable to LMIA applications submitted as of January 1, 2024. This will impact all the TFWP streams. Employers will be required to reassess and apply the prevailing wage at the beginning of a temporary foreign worker's period of employment and review it annually, using, where relevant, the new wages that are updated and posted on the Job Bank annually, usually in November. For positions in Quebec, employers still need to comply to the wage table provided by the MIFI. Please note that for a unionized position, the collective agreement usually provides specific conditions for a salary increase.
  9. During the COVID-19 pandemic, a temporary public policy was introduced on three occasions to provide an additional 18-month work permit to post-graduation work permit holders as their initial work permit was expiring. However, this temporary public policy will not be extended further beyond December 31, 2023. Accordingly, employers who have workers who are on a post-graduation work permits should recommend the workers to apply for permanent residency, and consider alternative employer-specific work permit programs or open work permit (if eligible) in the meantime, in order to prevent disruption in the workplace.
  10. The International Experience Canada (IEC) program allows youth from participating countries or territories between 18-35 years old to temporarily work in Canada for any employer on an open work permit for between 12-24 months. In 2023, the Government of Canada has signed new arrangements with Finland, Iceland and Ukraine, and improved existing ones with South Korea and the United Kingdom.

What to Look Out for in 2024

  • Effective November 23, 2024, international students in Quebec applying for a CSQ under the “Quebec Graduate” Stream of the PEQ will also need to show that they have completed their studies in French (i.e., an eligible program in which 75% of courses or credits were conducted in French in Quebec); or, demonstrate that they have completed at least three years of full-time French secondary or post-secondary education, in order to qualify. 
  • In November 2023, the Government of Quebec also announced that foreign workers participating in the TFWP, with the exception of agricultural workers, will be required to pass a French language test to renew their work permits, if they plan to work in Quebec for more than three years. The French language test aims to verify whether the temporary foreign worker can converse at a basic level in French. There will be no written component. At this time, the MIFI has not yet announced an effective date for the implementation of this new requirement.
  • Effective November 29, 2024, the MIFI's new Skilled Worker Selection Program (Programme de sélection des travailleurs qualifiés (PSTQ)) will replace the current Regular Skilled Worker Program (Programme régulier des travailleurs qualifiés (PRTQ)), which was a points-based system that awarded points to an applicant based on nine factors related to various socio-professional characteristics. The new PSTQ will eliminate the points-based system and will offer applicants four different streams: 
  1. High qualification and specialized skills
  2. Intermediate and manual skills
  3. Regulated profession
  4. Outstanding Talent

All applicants will be required to demonstrate French proficiency. However, the level required will vary based on the TEER classification of their occupation. Most accompanying spouses will also need to demonstrate that they possess at least a level 4 at oral French proficiency according to the Quebec French proficiency level scale, with only very few exceptions.

  • On December 21, 2023, the Immigration Minister delivered remarks at a press conference regarding the Government of Canada's plans to implement reforms that seek to control the number of temporary foreign works coming to Canada in 2024. We therefore anticipate substantial changes to the TFWP and the programs for international students. Additional details on said reforms are expected to be announced in early 2024.
  • We also expect that the Government of Canada will continue to introduce public policies to assist citizens from countries affected by humanitarian crises or natural disasters.

The Takeaway

To avoid any unnecessary delays and unpleasant surprises, it is crucial for employers to plan ahead of time in order to ensure that they are able to secure the proper work authorizations in time for their foreign talent and manpower. Especially for businesses that rely heavily on foreign workers, establishing an international hiring strategy in advance is key to ensuring that business projects and operations continue to run smoothly without unplanned interruptions.

We will continue to publish updates that we think would be of benefit to employers and their foreign workers so they can stay up to date and effectively manage their immigration programs.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.