Good afternoon. Thank you for giving the Association québécoise des avocats et avocates en droit de l'immigration, or AQAADI, the opportunity to comment. We are in the field and we see that businesses have several complaints about the LMIA process. So I'm going to get to the heart of the matter.
We agree with several of the observations presented by Mr. Milliard.
First, the 10% limit on the number of temporary foreign workers that can be hired into low-wage positions does not take into account recruitment challenges. I'm talking about the regions, where I mainly practise. The labour shortage there is as acute for high-wage positions as it is for low-wage positions. This limit is detrimental to businesses, their development and job retention. Businesses are asking that this limit be raised, or even eliminated, at least for the next three years, given the unprecedented crisis that is occurring. One of the complaints from businesses is that they cannot sign new contracts because they rely heavily on foreign labour to fill low-wage positions.
This brings me to my next point, which is the 10% limit under Quebec's streamlined process.
The guidelines for calculating the 10% limit are considered inconsistent by practitioners and businesses. Let me give you an example. A welder earning $23 per hour in Quebec is in a low-wage position. However, under Quebec's streamlined process, an LMIA is required for a high-wage position. These positions do not have to be considered in the calculation of the 10% limit. An unlimited number of workers can be hired in this manner, as these positions are not included in the calculation. However, Service Canada tells us that when hiring a low-wage worker, workers who have been approved under an LMIA for a high-wage position but are currently receiving a low wage must be considered. This creates an inconsistency. As a result, the limit is greatly exceeded, while workers approved under the streamlined process are not required to be counted in the calculation.
Businesses and practitioners are calling for an end to the inclusion of temporary foreign workers in low-wage positions under the streamlined process in the calculation of the 10% limit.
Through Quebec's streamlined process, the government already recognizes that there is a labour shortage for many positions. Since this is recognized, the LMIA requirement should be waived. In this situation, the obligation to conduct an LMIA is superfluous for employers. It creates additional costs and delays when employers need employees now, not a year from now. This is when there is a shortage. This process is becoming a drag on hiring foreign workers.
In addition, the length of employment allowed under LMIAs is sometimes random. For the same position within the same company, it can be two years or three years. We cannot understand the reasoning behind the length of time that is allowed. One can take the same LMIA for the same position and get a different length of employment. So employers are asking for three years for all positions.
In addition, the processing times do not reflect current needs. As I mentioned, the needs are immediate. In many cases, employers must turn down contracts until they have hired workers. The entire LMIA process for foreign workers abroad takes about a year or more. During the pandemic, this process sometimes stretched to 14 or 15 months. These processing times do not reflect the current realities arising from labour shortages.
I also want to propose the creation of a trusted employer program, as Mr. Milliard mentioned earlier—