The Recognized Employer Pilot (REP) under TFW Program - What you need to know (updated Dec 2023)
On January 1, 2024, employers who apply for an LMIA will have the option to also apply to the Recognized Employer Pilot REP) if they meet eligibility requirements. Back in August 2023, the Minister of Employment, Workforce Development and Official Languages, announced the REP - a forward-looking initiative designed to enhance the Temporary Foreign Worker Program (TFWP). The Pilot will run until fall of 2026 BUT new intakes will end September 16, 2024. By partnering with employers who have a proven track record of compliance with Canadian laws and regulations, the Pilot seeks to create a smoother LMIA pathway for foreign workers to contribute their expertise to the Canadian workforce. In this blog post we’ll uncover some of the major changes introduced with the Pilot and how Canadian Employers can benefit from the REP. Also, ESDC quietly retired their pandemic policy of allowing LMIAs that were valid for 18 months. As of October 31, 2023, regular LMIA validity is only 12 months.
What are the benefits of the new Recognized Employer Pilot?
The introduction of the Recognized Employer Pilot (REP) brings a number of tangible benefits for eligible employers, such as:
Access to Labour Market Impact Assessments (LMIAs) that will be valid for up to 36 months. This is a significant extension from the typical LMIA validity period of 12 months (or less if an employer has specific timelines for a short employment opportunity).
A simplified application process and simplified LMIA application forms for positions on the Phase 1 or Phase 2 Occupations list.
A Job Bank designation that shows their recognized status to improve interest from prospective workers.
Who can participate in the Recognized Employer Pilot (REP)?
Employers seeking to take part in the Pilot will undergo a more comprehensive initial evaluation conducted by Employment and Social Development Canada (ESDC). This assessment will be grounded in the employers’ past history of compliance with the TFW Program and will depend, in part, on how often they use the Program to fill in-demand occupations. The intention behind this is to guarantee that the Recognized Employer Pilot (REP) targets employers who demonstrate the highest standards of recruitment practices. As such, to participate in the REP, Canadian employers must meet the following requirements:
demonstrate a history of complying with Temporary Foreign Worker Program (TFWP) requirements, and
have a minimum of three positive LMIAs for the same occupation over the past five years from a list of occupations that have been designated as in-shortage and supported using Canadian Occupational Projection System (COPS) data.
Eligible NOCs for Phase 1 and Phase 2 are in the two lists below:
Phase 1 occupations list
Starting September 2023, applications will be accepted for Phase 1 REP occupations list:
| NOC code 2021 | Occupation |
|---|---|
| 85100 | Livestock labourers |
| 85101 | Harvesting labourers |
| 84120 | Specialized livestock workers and farm machinery operators |
| 85103 | Nursery and greenhouse labourers |
Phase 2 occupations list
Starting January 2024, applications will be accepted for Phase 2 REP occupations list:
| NOC code 2021 | Occupation |
|---|---|
| 20010 | Engineering managers |
| 20011 | Architecture and science managers |
| 21321 | Industrial and manufacturing engineers |
| 21322 | Metallurgical and materials engineers |
| 21200 | Architects |
| 21201 | Landscape architects |
| 21202 | Urban and land use planners |
| 21203 | Land surveyors |
| 31300 | Nursing coordinators and supervisors |
| 31301 | Registered nurses and registered psychiatric nurses |
| 31100 | Specialists in clinical and laboratory medicine |
| 31101 | Specialists in surgery |
| 31102 | General practitioners and family physicians |
| 31103 | Veterinarians |
| 31111 | Optometrists |
| 31201 | Chiropractors |
| 31209 | Other professional occupations in health diagnosing and treating |
| 31121 | Dieticians and nutritionists |
| 31112 | Audiologists and speech-language pathologists |
| 31202 | Physiotherapists |
| 32109 | Other technical occupations in therapy and assessment |
| 31203 | Occupational therapists |
| 31204 | Kinesiologists and other professional occupations in therapy and assessment |
| 32120 | Medical laboratory technologists |
| 33101 | Medical laboratory assistants and related technical occupations |
| 31303 | Physician assistants, midwives and allied health professionals |
| 32104 | Animal health technologists and veterinary technicians |
| 32103 | Respiratory therapists, clinical perfusionists and cardiopulmonary technologists |
| 32121 | Medical radiation technologists |
| 32122 | Medical sonographers |
| 32110 | Denturists |
| 32111 | Dental hygienists and dental therapists |
| 32112 | Dental technologists and technicians |
| 33100 | Dental assistants and dental laboratory assistants |
| 32101 | Licensed practical nurses |
| 32102 | Paramedical occupations |
| 33102 | Nurse aides, orderlies and patient service associates |
| 33103 | Pharmacy technical assistants and pharmacy assistants |
| 33109 | Other assisting occupations in support of health services |
| 31200 | Psychologists |
| 41301 | Therapists in counselling and related specialized therapies |
| 41310 | Police investigators and other investigative occupations |
| 44101 | Home support workers, caregivers and related occupations |
| 65310 | Light-duty cleaners |
| 63100 | Insurance agents and brokers |
| 62020 | Food service supervisors |
| 62200 | Chefs |
| 63200 | Cooks |
| 63201 | Butchers – Retail and wholesale |
| 65202 | Meat cutters and fishmongers – Retail and wholesale |
| 64100 | Retail salespersons and visual merchandisers |
| 65200 | Food and beverage servers |
| 65201 | Food counter attendants, kitchen helpers and related support occupations |
| 72106 | Welders and related machine operators |
| 72310 | Carpenters |
| 72311 | Cabinetmakers |
| 72400 | Construction millwrights and industrial mechanics |
| 72402 | Heating, refrigeration and air conditioning mechanics |
| 72405 | Machine fitters |
| 72406 | Elevator constructors and mechanics |
| 72420 | Oil and solid fuel heating mechanics |
| 72421 | Appliance servicers and repairers |
| 72422 | Electrical mechanics |
| 72423 | Motorcycle, all-terrain vehicle and other related mechanics |
| 72429 | Other small engine and small equipment repairers |
| 73200 | Residential and commercial installers and servicers |
| 73300 | Transport truck drivers |
| 85100 | Livestock labourers |
| 85101 | Harvesting labourers |
| 84120 | Specialized livestock workers and farm machinery operators |
| 85103 | Nursery and greenhouse labourers |
| 85102 | Aquaculture and marine harvest labourers |
| 85120 | Logging and forestry labourers |
| 94141 | Industrial butchers and meat cutters, poultry preparers and related workers |
| 94142 | Fish and seafood plant workers |
| 94210 | Furniture and fixture assemblers, finishers, refinishers and inspectors |
| 94211 | Assemblers and inspectors of other wood products |
| 95100 | Labourers in mineral and metal processing |
| 95101 | Labourers in metal fabrication |
| 95102 | Labourers in chemical products processing and utilities |
| 95103 | Labourers in wood, pulp and paper processing |
| 95104 | Labourers in rubber and plastic products manufacturing |
| 95106 | Labourers in food and beverage processing |
| 95107 | Labourers in fish and seafood processing |
How to apply for a Labour Market Impact Assessment (LMIA) and the Recognized Employer Pilot (REP)?
The Recognized Employer Pilot (REP) will be launched in two stages:
the first stage, targeting the employers in the Primary Agriculture Stream, will start in September 2023,
the second stage will begin in January 2024, when the intake will extend to encompass all eligible industries.
Keep in mind that REP is a Pilot program and will end in the fall of 2026 but new applications end Sep 16, 2024. Nevertheless, there is a possibility that following this initial phase, ESDC may opt to prolong the pilot or transition it into a permanent program.
Employers who potentially meet the REP eligibility will be proactively offered to apply using a dual-purpose LMIA application and must either:
complete and submit an LMIA application (you can apply for recognized status under REP and for the LMIA simultaneously) via the LMIA Online Portal, or
if the employer is exempt from the LMIA Online Portal requirement, send a PDF application form to ESDC via email.
Reach for help to our team of Canadian Immigration Lawyers
Embarking on the LMIA process can be a pivotal moment for Canadian employers seeking to fill critical positions with skilled foreign workers. However, this journey's success hinges on meticulous planning and a comprehensive understanding of Canada's immigration landscape. Given the intricacies involved, booking a consultation to discuss your specific LMIA needs with an immigration lawyer may be a wise idea. Our experienced team of Canadian immigration lawyers is here to provide the expertise, insights, and personalized strategies needed to optimize your LMIA application.
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About the author:
Igor Kyryliuk
Canadian Immigration Lawyer, LLM
