Canada is a country built from immigration and by immigrants. In less than 500 years, Canada has placed itself as one of the best countries to live in and remains a leader in terms of immigration destinations.
While academics and practitioners have focused more regularly on the case of low-wage temporary foreign workers over the past decade, here I will delve mainly into Canadian high-wage immigration, although some of my observations can also apply to the low-wage category.
From a business perspective, hiring high-wage workers provides substantial advantages for Canadian employers, offering a strategic solution to the growing local skills shortage that many companies face. Indeed, despite prolonged searches for qualified local professionals, many employers are unable to find Canadian citizens or permanent residents to fill available positions in Canada. This compels them to look for international talent to meet their critical business needs. Here, a procedure known as an application for a Labour Market Impact Assessment (LMIA) comes into play.
The Temporary Foreign Worker Programme (TFWP) allows Canadian employers to hire foreign nationals to fill labour shortages in Canada. Through the TFWP, a LMIA and a temporary work permit are required before a foreign national can begin to work for a Canadian employer. A LMIA is a document that serves as proof that there will be a positive or neutral impact on the Canadian labour market if the employer hires the foreign worker. It also serves to indicate that the employer was not able to find a local worker to fill a specific position. The LMIA process can differ depending on whether the position offered to the targeted employee is classified as ‘high-wage’ or ‘low-wage’.
Temporary foreign workers being paid under the provincial/territorial median wage are considered to hold a low-wage position, while those being paid at or above the median wage are considered to hold a high-wage position.
As part of the processing of an LMIA application, the federal government makes sure that the employer is legitimate and it will offer working conditions, including a salary, that will be similar to what would be offered to Canadian citizens and permanent residents in the same position in the same region. In fact, this base principle applies to both high-wage and low-wage workers.
High-wage workers allow companies to strengthen their economic position, giving them a competitive advantage in sectors where talent and expertise are in short supply. We must remember that Canada remains – despite its vast territory – a ‘small’ country with a solid economy and many diversified industries which, if we want them to remain in Canada or continue to be sustainable, require the recruitment of foreign talent. Indeed, foreign workers bring valuable experience, knowledge and skills that allow Canadian companies to stay in Canada, and elevate their global competitiveness, particularly in high-demand fields such as technology, engineering, healthcare and finance.
Moreover, by hiring foreign talent, businesses also enrich their internal diversity, fostering an environment that encourages creativity, drives innovation and cultivates a deeper understanding of global markets – key factors that offer a distinct edge in the marketplace. In this regard, employing foreign workers not only supports the growth of Canadian businesses but it also facilitates their expansion into international markets, thus capitalising on the experience and cultural insights of employees familiar with diverse countries and economies.
In the current global economic context, if Canada aims to achieve the level of growth, development and innovation seen in the United States, China or the European Union – territories with significantly larger populations – it will need to attract the best talent from around the world, notably renowned scientists, professionals and leaders who can drive the global expansion of Canadian companies. Likewise, Canadians are often called upon to work abroad to contribute to the development of other countries.
Illustratively, this is notably the case for employees of Hydro-Québec – a Quebec Crown corporation that is a global reference in hydroelectricity – who are sent abroad, including to China, to share their knowledge and transfer our Canadian know-how. To continue to be recognised elsewhere, we also need foreign talent on Canadian soil.
To be sure, behind every foreign worker driving the growth of the Canadian market, there is a person who has left their home country in search of a better life or who wishes to continue to strive professionally. Many skilled workers arrive in Canada with their families, hoping to build a more promising future, seeking peace, acceptance and opportunity.
In my role as an immigration lawyer, I have met and worked with many foreign workers who, through the Canadian immigration system, were able to access specific parallel immigration programmes that have supported their spouses (married or common-law) and their children. Canada was, many years ago, one of the first countries in the world with a system that facilitated the admission of spouses and children, as well as one of the first to admit same-sex partners. That said, high-wage foreign workers’ positive experiences need to be understood in contrast with low-wage and less qualified individuals who also go through TFWPs, however with some different requirements. Proper guidance and support remain the main and possibly the only way to properly navigate the programmes and ensure that human dignity is kept at the centre of all decisions and choices.
When foreign workers feel valued and appreciated, it leads to greater job satisfaction, improved retention rates and heightened motivation to contribute to the success of businesses and Canada in general. Their sense of belonging and recognition motivates them to excel, which benefits not only the company but also the broader Canadian society. These workers often become valuable mentors to their colleagues, sharing knowledge and offering guidance that can foster professional growth and career advancement.
One specific case drew my attention during my career. Over 25 years ago, towards the end of the ‘Escobar years’ in Colombia, a highly specialised Colombian executive would leave for work every morning in an armoured car. Their children also travelled to school in an armoured car, their lives being otherwise at risk. The recruitment of this person by a Canadian company allowed the latter to tap into sought-after expertise, thus addressing several environmental, social and governance (ESG) factors for its benefits as a Canadian corporation as well as the ESG goals of Canada as a country. Now a Canadian citizen, this person mentioned remembering the feeling of joy and peace they experienced the day they realised that their children were safe in Canada, that children could go out alone with their friends without fearing that they would be kidnapped, drugged, raped or killed. Furthermore, these children, now adults, contribute significantly to the development of Canada, as many others do.
We cannot underestimate the significant human benefits of the arrival of these individuals in Canada. By hiring people from diverse backgrounds, companies not only contribute to the cultural richness of the Canadian workforce but also foster cultural exchanges and understanding.
From my perspective looking at qualified foreign worker hiring in Canada, I argue that foreign talent does not harm the Canadian labour market. On the contrary, these foreign workers bring valuable skills that enable Canadian employers to better compete in global markets, drive innovation, create jobs for Canadians, and contribute significantly to overall economic growth – all while respecting and honouring humanity with a system that has safeguards that make employers liable for any infraction, breaches or non-compliance.
Canada has put in place an inspection process to prevent Canadian employers from exploiting foreign workers, which requires employers not only to confirm that working conditions are respected but that the work environment respects all laws and regulations. My experience can provide nuances to the overarching argument regarding modern slavery being reinforced by Canadian TFWPs.
Moreover, work permits limited to one employer do not prevent foreign workers from searching for new employment and applying for a new work permit, including with new procedures aimed at decreasing processing times.
To conclude, the immigration system in Canada needs to be understood within the parameters of its polarised character. There is room for variegated actors to open a wider discussion about how we can improve our immigration system to allow Canada to continue growing and innovating. This will help ensure that we leave a stable country – both economically and socially – for our children and grandchildren, where the rights of all workers, both local and foreign, are respected.
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Jean-Philippe Brunet has been a member of the Canadian Bar Association (CBA) for over 20 years and has served on its executive since 2004, including as President of the National Section in Immigration and Citizenship Law in 2007. He is one of the few Quebec lawyers to have devoted his entire career exclusively to advising businesses and businesspeople on immigration matters. He has been the managing partner of Galileo Partners since its foundation in 2016. Jean-Philippe regularly writes on topics related to immigration and international mobility in renowned publications, in addition to being frequently interviewed by various media (newspapers, online, radio and television) on hot topics in the field of immigration. He is also a regular speaker on provincial, national and international panels.
Image credit: Marija Zaric via Unsplash
