A recent In A Flash article outlined a number of changes the Federal Government was making to the Temporary Foreign Worker Program (“TFWP”) (available by clicking here). The Government has recently proposed a series of further reforms that will affect employers with Temporary Foreign Workers (“TFWs”). These amendments will introduce:
Under the proposed amendments, an employer will be required to:
Where there is reason to suspect the employer is not in compliance with program requirements, where the employer has not complied in the past, or where the employer is chosen as part of a random compliance audit, an inspector will have the authority to examine, inspect or enter the premises of the employer. The powers of an inspector during an inspection while on the premises are very broad and will include the ability to:
The proposed amendments will also extend the TFWP compliance verification period from two to six years. An employer’s compliance with the program requirements would be subject to review at any time during a TFW’s employment, and for a period of up to six years after the end of the employment term. The employer will therefore be required to maintain documentation during this period in order to demonstrate compliance.
Non-compliant employers may be prohibited from using the TFWP for a period of two years and the name and address of the employer will be placed on an ineligibility list and posted on CIC’s website.
Finally, the proposed amendments are expected to introduce information sharing between CIC and HRSDC with respect to work permit applications and the employer’s compliance with the conditions of its work permits. This information could then be used to inform LMO assessments and the inspection process, and to verify an employer’s compliance with program requirements, and could be disclosed from CIC to other government entities, such as the Ministry of Labour. An employer’s compliance with provincial and territorial laws that regulate employment and recruitment are therefore relevant to the verification of an employer’s compliance with the conditions of the TFWP.
If you have any questions about how the proposed changes might affect the recruitment and retention of temporary foreign workers in your workplace, 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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