On April 29, 2013, the Federal Government announced significant reforms to the Temporary Foreign Worker Program (“TFWP”) stemming from its ongoing review of the TFWP.
Effective immediately, the Government has introduced changes which:
Several further changes are currently pending Parliamentary approval and it is anticipated that they will be in force shortly. These changes would:
In addition, the Government has indicated that it will also be implementing the following measures pursuant to its regulatory and administrative powers:
The Seasonal Agricultural Worker Program and other primary agricultural occupations will be subject to the reform that will increase the Government’s ability to suspend and revoke work permits and LMOs if they are being misused. However, it was noted that this program will be unaffected by the remaining reforms, as there are proven acute labour shortages in this industry and the unfilled jobs are truly temporary.
In the coming months, and as part of its ongoing review, the Government will be consulting with businesses, industry and trade organizations, unions and others across the country to ensure that the TFWP is working in the best interests of Canadian workers and businesses.
Of concern to employers, these changes to the TFWP reverse recent changes that expedited and increased the flexibility for employers to retain Temporary Foreign Workers. For instance, the Accelerated LMO process was only recently introduced. It is not yet clear how these changes will affect LMO applications that have been filed and how these changes will affect processing times.
If you have any questions about how the new reforms to Canada’s TFWP might affect your business, or any other questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale lawyer.
For more information on new developments in Workplace Law, please refer to our website at:
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