Can restaurants and hospitality businesses hire foreign workers through an LMIA?
Yes, restaurants and hospitality businesses in Ontario can apply for an LMIA to hire foreign workers through the Temporary Foreign Worker Program. Most positions in these sectors fall under the Low-Wage Stream because they typically pay below the provincial median hourly wage.
However, employers in the food service and accommodation sectors are subject to federal restrictions on the proportion of low-wage foreign workers they can employ relative to their Canadian workforce at a given worksite. These sector-specific caps have been adjusted by federal policy over the years, sometimes making it harder for these industries to rely heavily on TFWP workers.
Employers must meet all Low-Wage Stream requirements: advertising on Job Bank and additional platforms, documenting recruitment efforts, committing to pay the prevailing wage, and arranging transportation and housing for the worker in some circumstances.
Because of the additional scrutiny applied to these sectors, having complete and well-organized documentation is especially important. Service Canada has heightened compliance inspection activity in food service and hospitality.
Ontario's Employment Standards Act also applies to these workers, covering minimum wage, overtime, eating periods, and other protections.
Key takeaways
- Restaurants and hospitality employers can use LMIA to hire foreign workers, typically under the Low-Wage Stream.
- Sector-specific caps limit the proportion of low-wage foreign workers in food service and accommodation.
- Documentation must be thorough due to heightened scrutiny in these industries.
- Ontario employment standards apply independently to all workers.