Global Talent Stream
In today’s rapidly evolving global marketplace, businesses are constantly seeking ways to innovate, grow, and stay competitive. The Global Talent Stream (GTS) program, introduced by the Canadian government, has emerged as a vital resource for companies looking to recruit highly skilled temporary foreign workers (TFWs) and fill critical positions that contribute to their growth and success.
Eligibility Criteria
At Titan Law, we understand the challenges that businesses face in navigating the intricate landscape of immigration regulations and talent acquisition. That’s why we offer comprehensive Global Talent Stream services designed to streamline the recruitment process and ensure compliance with program requirements. Whether you’re based in Toronto, elsewhere in Canada, or even internationally, our experienced legal team is here to guide you through every step of the process.
Category A of the Global Talent Stream (GTS) may be accessible to you if you have received a referral from one of the stream’s designated referral partners and if you intend to hire an individual with exceptional and specialized talent to contribute to the expansion and advancement of your business.
Alternatively, if the desired occupation is listed on the global talent occupations list, your application will be processed under Category B and must adhere to Category B requirements.
Category B eligibility is open to employers seeking to hire highly skilled temporary foreign workers (TFWs) for positions in high-demand occupations listed on the global talent occupations list. A referral is not necessary to qualify for Category B.
As an employer applying through the GTS, you are required to adhere to the program requirements. Additionally, you must comply with the regulations outlined in the Immigration and Refugee Protection Regulations and the Immigration and Refugee Protection Act pertaining to the recruitment of TFWs.
The Temporary Foreign Worker Program (TFWP) implements measures to verify and ensure employer compliance with these requirements. Failure to comply will result in consequences for non-compliance.
Processing Fee
To cover the processing cost of your Labour Market Impact Assessment (LMIA) application, a fee of $1,000 per position requested is required.
Recruitment Fees
Recruiting top talent often involves various fees and costs, including advertising fees, third-party representative services, and assistance with hiring TFWs. Titan Law helps businesses navigate these costs while ensuring compliance with regulations to avoid negative LMIA decisions. Our experienced team provides guidance on selecting third-party representatives, ensuring that paid representatives are authorized and unpaid representatives meet the necessary criteria.
Employer Compliance
Maintaining compliance with TFWP requirements is essential for employers seeking to participate in the GTS program. From recruitment and advertisement to wages and workplace safety.
Labour Market Benefits Plan (LMBP)
Employers engaging in the Global Talent Stream (GTS) are obligated to collaborate with Employment and Social Development Canada (ESDC) to formulate a Labour Market Benefits Plan (LMBP). This plan serves as evidence of their commitment to initiatives that will generate enduring positive impacts on the Canadian labor market.
The LMBP serves as a tool for employers and the Government of Canada to monitor and evaluate their contributions, including job creation, skills enhancement, and other activities that contribute to the Canadian economy through the employment of highly skilled global talent.
The commitments outlined in the LMBP are categorized into mandatory and complementary benefits:
- Mandatory Benefits:
- Employers referred by GTS’s designated partners, hiring unique and specialized talent (Category A), must prioritize job creation for Canadians and permanent residents.
- Employers in Canada seeking highly skilled Temporary Foreign Workers (TFWs) in occupations listed on the global talent occupations list (Category B) must prioritize investments in skills enhancement and training for Canadians and permanent residents.
- Complementary Benefits:
- In addition to mandatory benefits, employers must undertake at least two complementary benefits, each with at least one activity. These complementary benefits should not overlap with the mandatory benefit.
- Examples of complementary benefits include job creation, investment in skills and training, knowledge transfer to Canadians and permanent residents, improving company performance, and implementing best practices for workforce management.
Activities to fulfill mandatory and complementary benefits may include:
- Increasing employment opportunities for Canadians and permanent residents.
- Establishing educational partnerships with local or regional institutions to support skills development.
- Providing paid co-op or internship opportunities.
- Initiatives to increase diversity in the workplace.
- Offering direct training to Canadians or permanent residents.
- Supervision and mentoring of Canadian workers by highly skilled TFWs.
- Enhancing company practices related to workforce attraction and retention.
ESDC guides employers through the development of their LMBP during the GTS application process.
Progress Reviews
Annual progress reviews of the LMBP are conducted by ESDC to evaluate employers’ adherence to their commitments and their contributions to the Canadian labor market.
Employers are expected to cooperate and provide relevant documentation for these reviews. Failure to demonstrate reasonable efforts to meet LMBP commitments may result in negative decisions on future GTS applications for up to two years.
Progress reviews are distinct from compliance measures for hiring TFWs and aim to ensure employers continue to provide lasting benefits to Canadian workers.
Recruitment and Advertisement
While there is no mandatory recruitment requirement for the GTS, employers are encouraged to prioritize hiring Canadians and permanent residents over TFWs. Employers must outline their recruitment efforts as part of their application.
Wages
TFWs must be offered wages comparable to those of Canadian and permanent resident employees in similar roles, locations, and with similar skills and experience. Employers must pay prevailing wages, which are determined by:
- The regional median hourly wage posted on Job Bank.
- The wage range for current employees in similar roles.
- Annual wage floors may apply for certain occupations.
Employers must reassess and adjust wages annually to reflect prevailing rates, using updated data from Job Bank if applicable.
Failure to comply with prevailing wage requirements may lead to negative LMIA decisions and sanctions under the TFW Program’s compliance regime.
Job Responsibilities and Working Conditions
Temporary Foreign Workers (TFWs) hired through the Temporary Foreign Worker Program (TFWP) are expected to fulfill duties that align with the specific occupation for which they were employed.
Canadian legislation safeguards the rights of all workers, including TFWs, and exploitation of TFWs is prohibited under Canadian laws and human rights principles.
Employers are obligated to:
- Remunerate TFWs for all tasks performed, including any overtime as required by law.
- Provide workplace safety insurance to ensure TFWs are covered in case of work-related injuries or accidents.
- Extend the same benefits to TFWs as those offered to other employees within the organization.
- Refrain from confiscating the identification documents of TFWs, which is considered unlawful.
Most occupations fall under provincial or territorial legislation governing labor and employment standards, including regulations related to working hours, working conditions, and termination of employment. Each province or territory has a Ministry of Labour that offers assistance and guidance to both employers and TFWs regarding workplace matters and concerns.
Language Requirement
When advertising a job opportunity, you are limited to specifying English or French as the necessary languages for the role. However, in cases where proficiency in another language is deemed essential, a justification must be provided along with the application.
How Can We Help
With Titan Law as your legal partner, you gain access to expert guidance and support throughout the GTS application process. From eligibility assessment to application submission and ongoing compliance, our experienced legal team is committed to helping you achieve your global talent acquisition goals. Contact Titan Law today to schedule a consultation and learn more about our Global Talent Stream services. Let us be your partner in success.
The Global Talent Stream is a program introduced by the Canadian government to facilitate the hiring of highly skilled foreign workers for positions that contribute to the growth and innovation of Canadian businesses.
Employers who have been referred to the GTS by designated partners or who are seeking to hire highly skilled temporary foreign workers for occupations listed on the global talent occupations list may be eligible to apply.
Category A is for employers seeking to hire individuals with unique and specialized talent, while Category B is for employers seeking highly skilled workers for occupations on the global talent occupations list.
Employers must commit to creating jobs for Canadians and permanent residents as a mandatory benefit. Additionally, they must undertake at least two complementary benefits, such as investing in skills enhancement and training for Canadians.
- The processing fee for each position requested is $1,000 CAD. This fee covers the cost of processing the Labour Market Impact Assessment (LMIA) application.
