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On April 1, 2011, new rules to strengthen Canada’s Temporary Foreign Worker Program will be implemented. In view of the increasing number of foreign workers and concerns for fair treatment and protection from potential abuse, Canada announced changes to the Immigration and Refugee Protection Regulations (IRPR). These changes include the following:
Four-Year Cap on Canadian Work Permits
Foreign nationals will only be allowed to hold temporary work permit for a maximum of four years. After working in the country for one on more periods totaling 4 years, he will be required to return home and wait for another 4 years before reapplying for a work permit.
Exceptions apply to:
- Foreign nationals who intend to perform work that would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents. This includes LMO exemptions such as Significant Benefit to Canada (C10) and Intra-company Transfer (C12) Work Permits.
- Foreign nationals who intend to perform work pursuant to an international agreement between Canada and one or more countries – such as North American Free Trade Agreement, the General Agreement on Trade in Services, and the Canada-Chile Free Trade Agreement.
- Foreign nationals who perform work while on a study permit.
Two-year Ban for Non-compliant Employers
The changes make an employer ineligible to seek a work permit on behalf of a Temporary Foreign Worker for 2 years if they have considerably failed to provide the same wage, working condition and occupation set out in the employer’s employment offer. Employers will be subject to a fine of $50,000 or up to 2 years imprisonment for hiring a foreign national in a capacity in which he is not authorized to work and will be banned from hiring future foreign nationals for the next 2 years. Not to mention, CIC will maintain on its website a list of banned employers, stating the name, address and the date the determination was made.
Assessment of Employment Offer
The changes establish specific factors to the genuineness of an employment offer. The factors include whether the employer is actively engaged in business, whether the employer is able to fulfill the terms of the offer and the past compliance of the employer with the federal or provincial laws.
Additional Requirements for Live-in Caregivers
The changes establish additional requirements for employers of live-in caregivers such as the employer’s need for a live-in caregiver, provision of adequate furnished and private accommodation and sufficient financial resources to pay the foreign national the wages offered.
LMO to indicate period of validity
The changes provide a new policy that all Labour Market Opinions expire 6 months after issuance. If the foreign national does not apply for a work permit within the timeframe, a new LMO will need to be applied for by the employer
