Canadian Immigration News

What Are the New Changes in Hiring Temporary Foreign Workers in Canada?

2.5 minute read
"According to a recent article published in the Canada Gazette, the Canadian government is proposing drastic changes to the rules for temporary foreign workers."
Written by My Visa Source Team
Published on:  Aug 19, 2021
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According to a recent article published in the Canada Gazette, the Canadian government is proposing drastic changes to the rules for temporary foreign workers. 

There are 2 ways for temporary foreign workers to come to Canada:

  1. Temporary Foreign Worker Program (TFWP): This is the way for Canadian employers to hire temporary foreign workers for jobs that require a Labour Market Impact Assessment (LMIA).

  2. International Mobility Program (IMP): This is the way for Canadian employers to hire foreign workers on a Canadian work permit without requiring an LMIA. 

Recently, Canadian employers have raised concerns about temporary foreign workers (TFWs) being unable to understand their rights. 

What Are the Major Problems Regarding Hiring Workers Under the Temporary Foreign Worker Program (TFWP)?

Temporary Foreign Worker Program (TFWP): Employers have raised concerns regarding many employers who avoid getting banned from hiring TFWs even after being found non-compliant with the regulation. A majority of such employers can avoid bans by hiring through other companies they own. 

Employers have also raised concerns regarding many TFWs being unaware of their rights and what they mean. Often, TFWs do not have access to healthcare. Many TFWs fear being charged an illegal recruiting fee by employers or recruiters. Due to a lack of regulations, many TFWs also fear reporting bad working conditions. 

What Is the Canadian Government Doing About the TFWP?

As a foreign worker in a new country, experiencing everything for the first time can become overwhelming. Therefore, the Canadian government has decided to introduce the following changes to improve the conditions of TFWs:

  1. All employers will be required to provide a paper document that clearly defines the rights of TFWs. This information must also be posted on a public forum in the workplace. 

  2. All employers will be required to provide the employment agreement to the employee and the government. This will help the government ensure that the employee is being offered fair wages and good working conditions.

  3. The Employment and Social Development Canada (ESDC) will be authorized to stop the processing of an LMIA application if they suspect the employer to be in non-compliance with the regulations.

  4. Introducing new requirements for LMIA, including taking active measures to prevent abuse in the workplace, ensuring compliance with all federal and provincial employment laws and not allowing employers to use an affiliate to hire TFWs.

  5. Reducing the period to respond to a Notice of Preliminary Findings (NoPF) from 30 days to 15 days. A NoPF indicates non-compliance concerns, therefore, a smaller response time means quicker resolutions. 

  6. Imposing strict ban and punishment on employers and recruiters that charge illegal recruiting fee

  7. Giving the IRCC and the ESDC authorization to request documents from third parties such as banks to ensure employer compliance 

  8. Requiring employers to provide adequate access to healthcare at the workplace, for example, by setting up a phone for TFWs to call health services. 

  9. Requiring employers to provide private health insurance to all employees, except those under the Season Agriculture Worker Program

While these regulations may impose additional expenses on the business, the benefits are expected to outweigh the costs. These regulations will provide greater clarity and protection to TFWs, employers, and the government. 

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