WestJet pilots ask judge to nix approval of temporary foreign workers in the cockpit

Pilots taxi a WestJet Boeing 737-700 aircraft to the runway for departure from Vancouver International Airport, in Richmond, B.C., on Friday, May 19, 2023. THE CANADIAN PRESS/Darryl Dyck

MONTREAL — The union representing WestJet pilots has asked a judge to quash federal approval of temporary foreign workers in the cockpit, despite a global flight crew shortage.

In an application it said was filed Monday, the Air Line Pilots Association petitioned the Federal Court to declare invalid a government decision allowing temporary work permits at regional subsidiary WestJet Encore earlier this month.

The airline requested about 60 permits for pilots from India and South Africa under the temporary foreign workers program, according to the filing.

Tim Perry, who heads the union’s Canadian wing, said it was not consulted and that the move could erode safety margins and undercut wage gains.

“Airlines that do a good job with attraction and retention do not need to turn to temporary foreign workers,” Perry said in a phone interview.

“This application should never have been filed.”

He also argued the government drew “improper conclusions” about the need for flight crews from overseas, and said consideration of WestJet’s request should have included discussion with the union.

WestJet said it asked the government to assess whether temporary foreign workers are needed, a requisite step before hiring from abroad can take place.

The request was made via a so-called labour market impact assessment (LMIA), which also determines if “no Canadians or permanent residents are available to do the job,” according to the Immigration Department website.

“WestJet Encore has not yet hired any pilots through the LMIA process,” airline spokeswoman Julia Kaiser said in an email.

The temporary foreign worker program, which allows non-permanent residents to work in Canada for limited periods, employs hundreds of thousands of people across a wide range of industries.

The federal program saw worker volumes surge over the past decade and a half — particularly in low-wage sectors such as agriculture and hospitality — though demand dropped in the second half of last year amid new restrictions and U.S. tariff concerns.

“The TFW program is designed to help Canadian employers hire foreign workers to fill temporary labour and skill shortages when qualified Canadians and permanent residents are not available,” said Employment and Social Development Canada spokeswoman Liana Brault in an email.

In its lawsuit, the pilots union said the federal jobs minister approved a WestJet application for 60 temporary work permits on March 10.

The department said it does not disclose information on individual cases to outside parties due to privacy concerns.

While the union stressed safety as a possible concern, one expert noted the rigorous standards facing aviation operators.

John Gradek, who teaches aviation management at McGill University, explained that before foreign pilots can join a flight crew, they must pass written exams and obtain an airline transport pilot licence from Transport Canada, among other qualifications.

“They’re not a piece of cake,” he said.

Any pilots brought on board through the program would likely be union members and earn union wages, Perry said.

“But we are not sure if there are any peripheral pieces that are either paid beyond what is offered in our contract to pilots already working, or if there are items that WestJet believes they don’t have to honour. Both would be a problem,” the union head said.

The option of temporary foreign workers could also shrink airlines' incentives to improve pilot retention through bigger contract gains come bargaining time, Perry added. If more pilots choose to leave the carrier, others from faraway shores could be recruited short-term.

Asked why it was considering this new recruitment method and how severe its pilot shortage was, WestJet said the application to permit it to hire temporary foreign workers offered one possible way to bolster its ranks.

The process “is one of multiple avenues we are exploring to address operational needs amid an ongoing shortage of WestJet Encore Captains,” airline spokeswoman Kaiser said.

Employing temporary foreign workers as captains — like WestJet suggested — rather than first officers would allow for potentially bigger savings.

“The salary level that you would get as a WestJet Encore captain is higher than what you have as a WestJet Encore first officer. But if you have a ‘direct entry’ captain, there’s a lower wage scale than a guy who’s got 10 or 15 years' worth of service,” said Gradek.

Moreover, those new temporary foreign captains might not stick around long enough to see the substantial wage hikes that come with more years of service.

A spike in pilots from abroad in the captain’s chair could also reduce the opportunities for promotion among Canadian first officers.

Gradek further questioned the premise that large airlines and their feeder carriers, such as WestJet Encore, suffer from a pilot shortage.

“There are hundreds of potential pilots in the pipeline that we have in Canada,” he said.

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Christopher Reynolds, The Canadian Press

This report by The Canadian Press was first published March 25, 2025.