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CANADIAN GOVERNMENT IMPLEMENTS CHANGES TO CANADA'S IMMIGRATION REGULATIONS RELATING TO TEMPORARY FOREIGN WORKERS.In light of the recent rise in the number of temporary foreign workers in Canada, together with increased concerns for the fair treatment of foreign workers, the Government of Canada has announced the implementation of changes to the Immigration and Refugee Protection Regulations (IRPR) to address the treatment and hiring of temporary foreign workers. These changes will come into effect on April 1, 2011 and include the following:
1. Placing a limit on the number of years a foreign national may hold a work permit in Canada
2. Imposing a ban on the ability to hire a foreign worker for any company or third-party agent who has failed to comply with Canada's immigration rules and regulations and publishing the names and addresses of employers subject to this ban
3. Establishing a set of factors to assess the genuineness of an offer of employment
4. Introducing additional employer-related requirements for Live-In Caregivers
5. Requiring all Labour Market Opinions to have time-specified and limited validity
Four-Year Cap on Canadian Work Permits
Effective April 1, 2011, foreign nationals will only be permitted to hold a temporary work permit for a cumulative 4 years. After working in Canada for one or more periods totaling 4 years, the foreign national will be required to wait for at least 4 years before he or she may reapply for a work permit. Some exceptions to this rule will apply, including situations where:
- The foreign national intends to perform work in Canada that would create or maintain significant social, cultural or economic benefits or opportunities to Canadian citizens or permanent residents. This includes LMO exemptions such as Significant Benefit to Canada (C10) and Intra-Company Transfer (C12) work permits
- The foreign national intends to perform work pursuant to an international agreement with Canada (such as the NAFTA, Canada-Chile Free Trade Agreement, GATS, etc.)
- The foreign national is performing work in Canada while on a study permit
While CIC recognizes that there is a continued need to hire foreign workers in Canada, this change is designed to emphasize to both workers and employers alike that temporary work permits are designed to be just that – temporary. By placing a limit on the number of years a foreign worker may hold a temporary work permit, CIC seeks to encourage the use of other programs and pathways (such as the Canadian Experience Class) to permanent residence, when available.
Two-Year Ban for Non-Compliant Employers
In an effort to protect the rights of foreign workers in Canada, the new regulations create the imposition of a 2-year ban on the hiring of any temporary foreign workers for employers who have failed to substantially provide the same wages, working conditions, or occupation offered to any work permit holder in the past two years. Commencing April 1, 2011, such compliance will be assessed at the time an application for an LMO or work permit is made and will consider the employment of any foreign worker in the company's employ in the 2 years prior.
Currently, employers may be subject to a fine of up to $50,000 or up to 2 years' imprisonment for hiring a foreign national in a capacity in which he/she is not authorized to work. Effective April 1, 2011, however, non-compliant employers will be banned from hiring future foreign nationals for a 2-year period. In addition, there will be a list made publicly available with the names, addresses and period of ineligibility of employers who are subject to this ban.
Assessing the Genuineness of an Offer of Employment
These new regulations additionally implement a number of factors to be considered by officers in assessing the genuineness of employment offers before approving both Labour Market Opinions and LMO-exempt work permits. Specifically, the officer will look to the nature of the employer's business, the level of activity of the company's operations, the terms of the offer of employment, and the employer's ability to meet those terms (including payment of wages offered).
Additional Requirements for Employers of Live-In Caregivers
These regulations further establish certain employer-related requirements for live-in caregiver work permit applications, including the employer's need for a live-in caregiver, the provision of adequate accommodation, and his/her ability to pay the wages offered.
Limited Validity of Labour Market Opinions
Following HRSDC's announcement in May 2009 that all Labour Market Opinions would be issued with a limited validity of 6 months, the Canadian Government's new changes make it required by law for all Labour Market Opinions to have an expiry date. If the foreign national does not apply for a work permit within that timeframe, a new Labour Market Opinion will need to be obtained by the employer.
CANADIAN GOVERNMENT IMPLEMENTS CHANGES TO CANADA'S IMMIGRATION REGULATIONS RELATING TO TEMPORARY FOREIGN WORKERS.In light of the recent rise in the number of temporary foreign workers in Canada, together with increased concerns for the fair treatment of foreign workers, the Government of Canada has announced the implementation of changes to the Immigration and Refugee Protection Regulations (IRPR) to address the treatment and hiring of temporary foreign workers. These changes will come into effect on April 1, 2011 and include the following:
1. Placing a limit on the number of years a foreign national may hold a work permit in Canada
2. Imposing a ban on the ability to hire a foreign worker for any company or third-party agent who has failed to comply with Canada's immigration rules and regulations and publishing the names and addresses of employers subject to this ban
3. Establishing a set of factors to assess the genuineness of an offer of employment
4. Introducing additional employer-related requirements for Live-In Caregivers
5. Requiring all Labour Market Opinions to have time-specified and limited validity
Four-Year Cap on Canadian Work Permits
Effective April 1, 2011, foreign nationals will only be permitted to hold a temporary work permit for a cumulative 4 years. After working in Canada for one or more periods totaling 4 years, the foreign national will be required to wait for at least 4 years before he or she may reapply for a work permit. Some exceptions to this rule will apply, including situations where:
- The foreign national intends to perform work in Canada that would create or maintain significant social, cultural or economic benefits or opportunities to Canadian citizens or permanent residents. This includes LMO exemptions such as Significant Benefit to Canada (C10) and Intra-Company Transfer (C12) work permits
- The foreign national intends to perform work pursuant to an international agreement with Canada (such as the NAFTA, Canada-Chile Free Trade Agreement, GATS, etc.)
- The foreign national is performing work in Canada while on a study permit
While CIC recognizes that there is a continued need to hire foreign workers in Canada, this change is designed to emphasize to both workers and employers alike that temporary work permits are designed to be just that – temporary. By placing a limit on the number of years a foreign worker may hold a temporary work permit, CIC seeks to encourage the use of other programs and pathways (such as the Canadian Experience Class) to permanent residence, when available.
Two-Year Ban for Non-Compliant Employers
In an effort to protect the rights of foreign workers in Canada, the new regulations create the imposition of a 2-year ban on the hiring of any temporary foreign workers for employers who have failed to substantially provide the same wages, working conditions, or occupation offered to any work permit holder in the past two years. Commencing April 1, 2011, such compliance will be assessed at the time an application for an LMO or work permit is made and will consider the employment of any foreign worker in the company's employ in the 2 years prior.
Currently, employers may be subject to a fine of up to $50,000 or up to 2 years' imprisonment for hiring a foreign national in a capacity in which he/she is not authorized to work. Effective April 1, 2011, however, non-compliant employers will be banned from hiring future foreign nationals for a 2-year period. In addition, there will be a list made publicly available with the names, addresses and period of ineligibility of employers who are subject to this ban.
Assessing the Genuineness of an Offer of Employment
These new regulations additionally implement a number of factors to be considered by officers in assessing the genuineness of employment offers before approving both Labour Market Opinions and LMO-exempt work permits. Specifically, the officer will look to the nature of the employer's business, the level of activity of the company's operations, the terms of the offer of employment, and the employer's ability to meet those terms (including payment of wages offered).
Additional Requirements for Employers of Live-In Caregivers
These regulations further establish certain employer-related requirements for live-in caregiver work permit applications, including the employer's need for a live-in caregiver, the provision of adequate accommodation, and his/her ability to pay the wages offered.
Limited Validity of Labour Market Opinions
Following HRSDC's announcement in May 2009 that all Labour Market Opinions would be issued with a limited validity of 6 months, the Canadian Government's new changes make it required by law for all Labour Market Opinions to have an expiry date. If the foreign national does not apply for a work permit within that timeframe, a new Labour Market Opinion will need to be obtained by the employer.
