Program requirements for low-wage positions - Canada.ca

“## Employers New: September 18, 2026 An employer is the entity that hires the temporary foreign worker, sets their working conditions and directly pays them. An entity can be: - a person - a business - a corporation, or - an organization When assessing a Labour Market Impact Assessment (LMIA) application, Service Canada determines whether the applicant is the employer by considering factors such as: - who's obligated to meet all the requirements of the TFW Program under the _Immigration Refugee Protection Act_ (IRPA) and the _Immigration and Refugee Protection Regulations_ (IRPR)”

“### Employer-employee relationship An employer-employee relationship exists when an employer hires a worker, directs their duties and pays them for their work. The employer must make an offer of employment and provide employment for a specified period of time to the temporary foreign workers who will provide labour in return for compensation. This relationship is further confirmed in the [employment agreement](/en/employment-social-development/services/foreign-workers/median-wage/low/requirements.html#h2.19) that's signed by both parties on or before the first day of work.”

“**Note:** Staffing or employment agencies who recruit workers for other businesses aren't considered employers under the TFW Program. They can't be approved to hire a temporary foreign worker for other businesses since an employer-emp”

“### Misclassifying temporary foreign workers as independent contractors Employers can't classify temporary foreign workers as independent contractors. Misclassification is non-compliant under the TFW Program. It can: - weaken wage protections - avoid required deductions (income tax, CPP/QPP, EI) - violate federal or provincial employment laws Employers must ensure that a worker's status reflects the employer-employee relationship identified in the approved LMIA and the employment agreement. Employers won't be approved to hire a temporary foreign worker where an employer-employee relationship doesn't exist. After receiving an approved LMIA, employers can't: - reclassify a temporary foreign worker as an "independent contractor" after hiring, or - structure the relationship to avoid payroll, compensation or program requirements”

“## Abuse-free workplace and affiliated employers Employers who haven't employed a temporary foreign worker in the past 6 years prior to submitting an LMIA application will be subject to a review. The employer must demonstrate that they made reasonable efforts to provide a **workplace that is free of abuse** and that they weren't an **affiliate** of an employer who is ineligible for the Temporary Foreign Worker Program or in default of any amount payable in respect of an administrative monetary penalty.”

“- [Prioritized occupations](#h2.1) - [Employers](#h2.2) New: September 18, 2026 - [Third-party representatives](#h2.3) - [Recruiters](#h2.4) - [Processing fee](#h2.5) - [Recruitment fees](#h2.6) - [Abuse-free workplace and affiliated employers](#h2.7) As an employer, you must comply with all the TFW Program requirements for the position you're requesting.”