Hiring temporary foreign workers for a restaurant in BC or Ontario: where the low-wage rules stand in 2026

For years, many restaurants have filled kitchen and service jobs by hiring temporary foreign workers through the low-wage stream of the Temporary Foreign Worker Program. In 2026 that route is narrower in the largest cities. Know the main rule before you build a hiring plan around it. The rules change quickly, and Employment and Social Development Canada's pages on canada.ca are the authority. For your own case, talk to a licensed immigration professional.

What is the low-wage stream?

When an employer wants to hire a temporary foreign worker, it generally needs a Labour Market Impact Assessment (LMIA), which shows there is a need for a foreign worker and that no Canadian or permanent resident is available. Positions are split into streams according to the wage offered compared with the median wage in the province or territory. The low-wage stream covers positions at or below that median, which includes most restaurant cooks, servers and kitchen helpers.

What is the refusal-to-process rule?

Under a federal policy, the government refuses to process low-wage LMIA applications for work in census metropolitan areas where the unemployment rate is 6 percent or higher. The rule covers applications where the work location is in such an area. Toronto and Vancouver have both been on the list published by Employment and Social Development Canada in 2026. The list is reviewed quarterly, so an area can enter or leave it, and you should check the current version on canada.ca.

Are restaurants exempt?

Reports describe exemptions for priority sectors such as primary agriculture, food processing and manufacturing, certain health care roles and construction. Restaurants and other food service businesses are not named among them. One guide's worked example is a Metro Vancouver restaurant cook offered a wage in the low-wage range, which it treats as caught by the refusal. Because food processing is exempt and food service is not, check the exact wording of the exemption on canada.ca before you assume anything.

How do you check whether your location is affected?

1. Find the current list. Employment and Social Development Canada publishes the list of census metropolitan areas where applications are refused. Search for "refusal to process" on canada.ca.
2. Check the quarter. The list changes. A location that was outside the restriction last quarter may be inside it now.
3. Check your work location, not your head office. The rule depends on where the job is.
4. Check the wage stream. Confirm whether your offered wage is in the low-wage stream.
5. Keep a record of what you checked and when.

What if you already have an approved LMIA?

An LMIA approved before the latest update generally stays valid for its stated period, so ask your immigration adviser how that applies to you.

What else can you do to fill jobs?

• Hire locally and widen your search. Post jobs clearly with the pay and the schedule, and consider workers who are returning to work, students, retirees and people changing careers.
• Review your wages and schedules. Flexible hours and reliable pay are the main reasons staff stay.
• Hire people who already have the right to work. Permanent residents, citizens and people with open work permits can be hired without an LMIA. Check the work permit and its conditions.
• Look at the provincial nominee programs and other pathways that some provinces run for food service and hospitality workers. Programs and eligibility change often.
• Train and promote from within. A dishwasher who becomes a prep cook is a retention story.
• Share staff with nearby businesses in a seasonal market.

What are the risks of using a recruiter?

Be careful with anyone who charges workers a fee, promises an LMIA or sells jobs. Employers should not charge workers recruitment fees, and in both provinces there are rules on recruiters and on foreign worker protection. Use a licensed professional and ask for references.

What compliance duties follow a hire?

Employers hiring foreign workers must meet the program's conditions on wages, working conditions and housing where applicable, and the government can inspect. Keep contracts, payroll records and proof of the offered conditions. Violations can lead to penalties and a ban on hiring through the program.

What should you do this month?

Check the current list for your location, ask your adviser about options, review your own wages and job posts, and plan hiring around what you can control.

More guides for your business:

• Music licences for restaurants and bars in Canada: SOCAN, Re:Sound and what you pay for
• Writing a restaurant cancellation and no-show policy: wording that holds up in BC and Ontario
• Selling food at farmers markets in Ontario and BC: vendor rules, health approval and common mistakes

More in the Canadian guides for food businesses.