The Temporary Foreign Worker Program is a program of last and limited resort, to be accessed by employers facing genuine, acute labour shortages, and only after Canadians are not available to fill the job. In support of this Program mandate, on December 31, 2013 , the Minister of ESDC issued three Ministerial Instructions, one of which is the Refusal to Process Labour Market Opinions (LMO) if there is new information indicating that the employment of the foreign national in any portion, sector, region or occupational group of the labour market in Canada may or will have a significant negative effect on the Canadian labour market.
After careful analysis of significant new information, including from Canadians through Service Canada’s Confidential Tip Line, the Minister of ESDC has directed officials to establish a moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program.
Effective immediately, ESDC will no longer process LMOs for occupations in the Food Services Sector.
LMOs will not be processed for occupations classified by the 2002 North American Industrial Classification System (NAICS 2002) in Food Services and Drinking Places (NAICS subsector 722). Specifically, certain occupations related to sales and service and sales and service management as set out in the National Occupational Classification (NOC 2006). Please see this list for further detail.
Employers that have submitted applications and paid the processing fee, but have not yet received an LMO, will be refunded the full processing fee.
Any unused positions on positive LMOs that have been issued to employers for these sectors will be suspended and therefore will no longer be able to be used to obtain a worker permit.
ESDC will continue to ensure that Canadians have first access to available jobs. Abuse of the Temporary Foreign Worker Program will not be tolerated. To report misuse or abuse, contact:
Service Canada Confidential Tip Line
Anonymous tips can also be provided to the Employer Contact Centre: 1-800-367-5693
List of all Sales and Services Occupations (Skill type 6 based on NOC-2006) affected under the Food Services Sector only
6641 Food Counter Attendants, Kitchen Helpers and Related Occupations
0631 Restaurant and Food Service Managers
6212 Food Service Supervisors
6453 Food and Beverage Servers
0611 Sales, Marketing and Advertising Managers
0621 Retail Trade Manager
0632 Accommodation Service Managers
0651 Other Services Managers
6211 Retail Trade Supervisors
6213 Executive Housekeepers
6214 Dry Cleaning and Laundry Supervisors
6215 Cleaning Supervisors
6216 Other Service Supervisors
6221 Technical Sales Specialists – Wholesale Trade
6251 Butchers, Meat Cutters and Fishmongers – Retail and Wholesale
6411 Sales Representatives – Wholesale Trade (Non-Technical)
6421 Retail Salespersons and Sales Clerks
6451 Maîtres d’hôtel and Hosts/Hostesses
6484 Other Personal Service Occupations
6622 Grocery Clerks and Store Shelf Stockers
6623 Other Elemental Sales Occupations
6651 Security Guards and Related Occupations
6661 Light Duty Cleaners
6662 Specialized Cleaners
6663 Janitors, Caretakers and Building Superintendents
6681 Dry Cleaning and Laundry Occupations
6682 Ironing, Pressing and Finishing Occupations
6683 Other Elemental Service Occupations