New rules to Temporary Foreign Worker Program have been recently made in the new year.
By Ranjit Bhaskar, Maytree
Over the holidays, when you may have been a bit unplugged, figuratively and literally, Citizenship and Immigration Canada (CIC) and Employment and Social Development Canada (ESDC) made changes to the Temporary Foreign Worker Program .
New rules to Temporary Foreign Worker Program
New rules went into effect on New Year’s Eve as part of ongoing changes to the Temporary Foreign Worker Program (TFWP).
The new rules are:
- For a period of six years after temporary foreign workers (TFW) are employed, government officials do not need warrants to conduct surprise workplace inspections, interview the workers and demand documentation from employers.
- Employers will be required to keep their paperwork for six years and ensure that their workplace is free of abuse.
- Employers found to be breaking the rules could be put on a public “blacklist,” barred from hiring temporary foreign workers for a period of two years.
- Employers in Canada’s sex industry will also no longer be able to apply to bring foreign workers. This follows a related change made in 2012 when the government began issuing negative Labour Market Opinions (LMOs) to all employers linked to the sex trade. (An LMO may be required to prove the need to hire a TFW over a Canadian one.)
However, the government dropped the rule that prevented employers who had criminal convictions in human trafficking, sexually assaulting an employee, or causing the death of an employee from applying for workers under the TFWP. It said in the Canada Gazette that the provision was dropped because it was “too rigid and cumbersome” to be enforced, adding that other amendments have been introduced to protect foreign workers and ensure a safe workplace.
Read more here including changes to the Parent and Grandparent (PGP) program.