The Canadian government recently implemented 13 new amendments to the Immigration and Refugee Protection Regulations, designed to strengthen protections for temporary foreign workers (TFWs) and enhance the integrity of the TFW Program and the International Mobility Program (IMP), administered by Immigration, Refugees and Citizenship Canada (IRCC).
Improved Employment Agreements for TFWs
As a part of the enhanced regulations, employers must also provide a signed copy of the employment agreement to the TFW on or before the first day of work. It is also required that the employment agreement matches the offer of employment. However, Daniel Lee, an associate at Fasken in Vancouver, notes that some of the requirements will be onerous for the employer and HR.
Employers that send employees from the US to work in Canada on short-term notice may have to hire an employment lawyer to review the contract, which could mean additional costs. The new amendments also prohibit employers from charging or recovering fees for the provision of services in relation to an LMIA and employer compliance fees, among others. Workers will continue to pay fees related to temporary visas, temporary resident permits, and work permits. Employers must also ensure that any recruiters acting on their behalf do not charge or recover these fees. Additionally, all TFWP employers must now obtain and pay for private health insurance that covers emergency medical care during the period for which the temporary foreign worker is not covered by their provincial or territorial health insurance system.
Attorney and immigration consultant Yevheniia (Jane) Kokoreva says, “During the past 10 years, we can see a growing number of immigration and employment regulation violations when it comes to the hiring of TFWs. Unfortunately, many newcomers become victims of immigration fraud, especially because many employers ask TFWs to cover government fees and other related fees or even pay them a certain amount of dollars for providing job opportunities. IRCC is constantly implementing new measures that help to prevent illegal actions and protect the rights of both parties – employers and workers. IRCC has a list of employers who have been found non-compliant with the immigration and employment legislation available to the public. Each violation of the law can lead to negative consequences (a fine or even imprisonment). It is extremely important for TFWs and Employers to understand their rights and obligations that are clearly formulated in the legislation.“
The new amendments will provide more protection for TFWs and help ensure that unscrupulous employers do not take advantage of them. TFWs will have access to up-to-date information about their rights in Canada, which will help prevent fear of reporting non-compliant employers. Employers will have to comply with new requirements and regulations, including providing signed copies of employment agreements, paying for private health insurance, and making sure that recruiters do not charge or recover fees related to LMIA or recruitment. Overall, the new amendments to the Immigration and Refugee Protection Regulations are a positive step toward ensuring that TFWs receive the same level of protection as Canadian citizens and Canadian permanent residents.
Learn First-Hand from a Canadian Lawyer About These Issues
Learn first-hand from Yevheniia (Jane) Kokoreva. She is an attorney and immigration consultant at Levant Immigration. With extensive experience helping employers navigate Canada’s immigration system, she is a recognized expert in the field. She is committed to promoting ethical hiring practices and facilitating immigrant talent integration into the Canadian workforce.
Kokoreva will be speaking at a free event Joblio is hosting. At this event, “Solving Talent Shortages Through Ethical Hiring of Immigrants and Refugees,” Kokoreva and many other senior HR executives and industry leaders will present on hiring practices for migrants and immigrants.
Joblio CEO Jon Purizhansky is “excited to speak at this event along with many other incredibly dedicated and talented executives. We are committed to furthering the ethical hiring processes for migrant and immigrant workers and know this event will be a great success.”